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Home My WebLink About20154027.tiffDEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 January 7, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Custodial Contract 2015-4027 rate increase Weld County awarded the bid for custodial services for the Downtown Buildings (2015-4027) to Whayne Enterprises. With the latest increase requirements for Colorado minimum wage, the contractor requests an increase to the contract in the amount of $1,942.50 compensate for the labor rate. This increase will amend the current contract to become $14,565.16. Buildings & Grounds is recommending approval. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Gc: Vci/I9 1-9-/9 200011 4/5_-47 SECOND AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF WELD AND WHAYNE AND SONS ENTERPRISES. INC. FOR DOWNTOWN CUSTODIAL SERVICES THIS SECOND AMENDMENT to Agreement Between the County of Weld and Whayne and Sons Enterprises, Inc. for Downtown Custodial Services is made and entered into this ;7 i-"'-` day of January 2019, by and between the County of Weld, by and through the Board of County Commissioners of the County of Weld, hereinafter referred to as "County," and Whayne and Sons Enterprises, Inc., hereinafter referred to as "Contractor." County and Contractor are referred to herein collectively as "the Parties." WITNESSETH: WHEREAS, the Parties hereto entered into an agreement for custodial services to be performed by Contractor at the Weld County's Downtown Buildings on April 6, 2016 (the "Original Downtown Custodial Agreement," being document number 2015-4027), with its term to end January 31, 2018, and WHEREAS, the Parties amended the Original Downtown Custodial Agreement to extend its term to and until January 31, 2019 (the "First Amendment"), with modified payment terms as stated therein, and WHEREAS, the Parties now desire to amend the Original Downtown Custodial Agreement a second time to extend its term to and until January 31, 2020, and to modify the payment terms as set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, in the Original Downtown Custodial Agreement and in the First Amendment, the Parties agree to amend the Original Downtown Custodial Agreement and First Amendment as follows: Extend the term to begin February 1, 2019, and end on January 31, 2020 (the "Extended Term"). Amend the monthly payment amount to $14,565.16 for the Extended Term. All remaining provisions set forth in the Original Downtown Custodial Agreement shall remain the same. Signed this clsday of January 2019. OWNER: ATTEST: WActrifLoi'e1 CLERK TO THE BOARD By: Deputy Clef to the Bo STATE OF OS M40 ) ss. COUNTY OF JWQX WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY arbara Kirkmeye Chair ,SAN 0 9 2839 CONTRACTOR: WHAYNE AND SONS ENTERPRISES, INC. By: Na Title: The foregoing instrumerA was subscribed to and acknowledged before me this r2r4i day of January 2019, by t< pct as cres i c,! -e+-+ of Whayne and Sons Enterprises, Inc. Witness my hand and official seal. [SEAL] PAULINE CASTRO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20434066994 MY COMMISSION EXPIRES 02/0112022 02,4% - Notary Public My commission expires: (a' (*I D -OD -a Q0I5-90-7 e'I D e77 RE: AMENDMENT TO AGREEMENT FOR DOWNTOWN CUSTODIAL SERVICES - WHAYNE AND SONS ENTERPRISES, INC. APPROVED AS„TQ SUBSTANCE: Elected Official or Department Head APPROVED AS TO FUNDING: Controller APPROVED A TO FORM: County Attorney l9� DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 December 21, 2017 To: Board of County Commissioners From: Toby Taylor Subject: Custodial Contract 201554027 and 20164028 rate increase Weld County awarded two bids for custodial services to Whayne Enterprises. These were Downtown Buildings (201554027) and Human Services Buildings (20164028). With the latest increase requirements for Colorado minimum wage, the contractor requests an increase to the contract amount to compensate for this. This increase will be $441.41 per month for Human Services Buildings and $680.90 per month for the downtown buildings. Buildings & Grounds is recommending approval. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 0.1/4/4 - I 7 (nap/ )4 err - 022 7 2oiS qo2l CONTRACT AGREEMENT ENT AMENDMENT BETWEEN THE WELD C0LiWY DEPARTMENT OF BUILDINGS AND GROUNDS AND WI-IAYE ENTERPRISES �d This Agreement Amendment, made and entered into j day of , 2017, by and between the Board of weld County Commissioners, on behalf of the Weld County Department of Buildings and Grounds, hereinafter referred to as the "Department", and Whayne Enterprises, hereinafter referred to as the "Contractor'. WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No 20154027 and 20164028, approved on April 6, 2016 and February 1, 2016, respectively. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement will end on January 31, 2018. e The parties agree to extend the Original Agreement for one year increment period, which will begin February 1, 201 and will end on January 31, 2419. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. The costs are modified as outlined in the attached exhibit A, the letter from Whayne Enterprises to Stan Rogers dated November 27, 2017. • All other terms and conditions of the Original Agreement remain unchanged. IN wiTNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Prins ff ture aeferei- 6' ATTEST: Weld C BY: atifte Deputy Clerk o th - Board APPROVED AS T E ,�1 Gd Controller APPROVED AS TO E9R o I gt ._f a County Attorney cre'eTscr:r BOARD OF COUNTY CONSIDERS WELD COUP, CLOR iDO Julie Cozad, Chair DEC P 2011 APPROVED AS TO SUBSTANCE:. Electe Afficiat or Department Head o 0/1-002F ieca on i To: Stan Rogers - Weld County From: Richard Whayne - Whayne Enterprises Date: November 27, 2017 Subject: Minimum Wage Increase — Increases for each account In my last email to you I outlined the changes in the Colorado state minimum -wage and the impact that it would have our accounts. You asked the we prepare pricing for each account based on these minimum -wage changes. As I discussed in my prior email the minimum wage will move to $10.20 per hour effective January 1, 2018. We had bid these accounts at a wage of $9.75 per hour. Our goal in making a change to the wages for employees is not only to allow us to meet the minimum wage requirements but also to allow us to attract and retain qualified employees. To do this it is not enough to merely meet the minimum wage we must be at least slightly above the minimum wage if we are to retain qualified employees and be able to find new employees to work at your sites. We have, therefore, adjusted the wages of all employees as follows: 1. custodial employees base wage was adjusted from $9.75 per hour to $10.50 per hour. 2. The project worker base wage was adjusted from $10.50 per hour to $11.50 per hour. As you know quality project workers are harder to find and are essential to our success at your account we therefore increase these employees slightly more than the $.75 that we had increased the base custodial workers. 3. Lead/supervisor employees were similarly given a one dollar per hour increase above their current rate. The increase in wages also led to an increase in payroll taxes, which cannot be avoided as taxes must be paid on all wages. We did not, however, increase our costs for any other item. The increases in each account, therefore, reflect only the increase cost of wages and taxes for each employee and do not include any additional revenues for Whayne Enterprises. The table below shows the current wages for the downtown buildings and for HR and the increase cost of wages and the new totals monthly. Facility / Contract # Current Monthly Price Labor cost increases New Monthly Price Human Resources Bid #81500200 $5,351.99 $441.41 $5,793.40 Downtown Buildings Bid #B1500199 $11,941.76 $680.90 $12,622.66 While we understand that no one is pleased with price increases when they occur, this price has been forced upon both Whayne enterprises and Weld County by the increases in the minimum wage in the state of Colorado. With this rise in the minimum wage Whayne Enterprises can no longer clean these facilities for the pricing that we originally proposed when we started cleaning these accounts. And these wages will have to be paid by any contractor bidding this work in the coming years. As we stated earlier, we are asking to be allowed to increase our price only to cover the increase in our labor costs. We are not looking for additional profit, nor are we asking for an increase in any other costs. We hope to have an answer back from you reasonably quickly as we will need this increase effective January 1, 2018. If you need additional information, please feel free to reach out to me personally. You can respond to this email or you can call me at your convenience at 303-375- 8000. Thank you very much for your consideration of this request. it has been, as always, a pleasure to work with you and to serve Weld County. WELD COUNTY AGREEMENT FOR SERVICES BETWEEN WELD COUNTY & WHAYNE AND SONS ENTERPRISES, INC. CUSTODIAL SERVICES - DOWNTOWN THIS AGREEMENT is made and entered into this £Q day of �i,� , 2010, by and between the County of Weld, a body corporate and politic of the Stat of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Whayne and Sons Enterprises, Inc, who whose address is 10515 East 40th Avenue, Suite 103, Denver, CO 80239 hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibits A and B; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and Bare specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B B1500199". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibits A and B which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 46(1/tAl Dais -��- 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $11,941.76, per month, plus a 10% markup on consumables, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed 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. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. 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. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor, Weld County Directror of Buildings and Grounds. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Whayne and Sons Attn.: President, Address: 10515 East 40th Avenue, Suite 103, Address: Denver, CO 80239 E-mail: Facsimile: County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttavlor@weldgov.com Facsimile: 970.304.6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. 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. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings 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. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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 term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 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. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between CONTRACTOR: the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CI IN,,WITNESS WHEREOF, the parties hereto have signed this Agreement this S day of , 206. By:�u�_C�%�� N Title: "?(eAd.4yf;- I C_F Date ?\3\IlLQ WELD COu '1(� f1 �ti ATTES �j"�wV G_• •aC,LLO Weld •u;ty Clerk to the :oard � � WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS BY Deputy ( I - rk to the B e Freeman, Chair APR 0 6 2016 doi� �002� APPROVED AS TO FUNDING: Controller APPROVED A O F0111: County Attorney APPROVED AS TO SUBSTANCE: Elected Offficial or epartrZead Director of General Services 6c k b1 F A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: NOVEMBER 13, 2015 BID NUMBER: B1500199 DESCRIPTION: CUSTODIAL SERVICES-DOWTOWN BLDGS MANDATORY PRE -BID CONFERENCE DATE: 12/07/15 @ 10:00 AM BID OPENING DATE: 12/21/15 @ 10:00 AM 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: CUSTODIAL SERVICES - DOWNTOWN BLDGS A mandatory pre -bid conference will be held at 10:00 a.m., on Monday, Dec 7, 2015, at the Weld County Centennial Center, 915 10th St, Greeley CO 80631. (Meet Toby Taylor by security on 1st floor.) Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley, CO 80631, until: Tuesday, Dec 22, 2015 @ 10:00 am (Weld County Purchasing Time Clock). PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 1. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E - Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g o v . c o m . Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. BID REQUEST #81500199 Page 2 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5- 101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #B1500199 Page 3 D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. BID REQUEST #61500199 Page 4 L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. BID REQUEST #61500199 Page 5 Q. 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. R. 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. S. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better, Each policy shall contain a valid provision or BID REQUEST #61500199 Page 6 endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible forthe payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, arid Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. BID REQUEST #B1500199 Page 7 Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Endorsements required for "master key coverage" and "care -custody -control". Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #61500199 Page 8 SPECIFICATIONS: Weld County is seeking bids to perform custodial services for its Downtown buildings located in Greeley, CO. With the exception of the Crime Lab, the buildings are expected to be cleaned five days a week (Monday through Friday) after 6 PM per the requirements detailed in this bid. The Crime Lab will be cleaned on Monday, Wednesday and Friday of each week between 8 AM and 10 AM. The buildings are: Building Court House Centennial ..._ ............__....__ .......... .... Plaza West West Annex — North West Annex — South Veteran's Services Marlboro Building 918 Crime Lab Location 901 9th Ave., Greeley 915 10th St., Greeley 910 10th Ave., Greeley 901 10th Ave., Greeley 903 10th Ave., Greeley 1008 9th St., Greeley 934 9th Ave., Greeley 918 10th St., Greeley 2329 115th Ave. , Greeley Approximate Cleanable Sq. Ft 47,298 52,265 49,307 3,728 2,600 1,862 15,142 9,750 19,996 BUILDING INFORMATION for Carpet and VCT BUILDING Carpet VCT Court House 30,100 840 Centennial 46,662 351 Plaza West 32,245 3,317 West Annex — North 3,528 0 West Annex — South 2,550 50 Veteran's Services 1,684 178 Marlboro Building 14,792 50 918 6,700 500 Crime Lab 7,913 0 BID REQUEST #B1500199 Page 9 1. Regular Services. The following is the Task Schedule for Regular Services: A. General, Private Offices, Lobby and Lounges: Daily • Empty wastebaskets and replace liners as needed • Dust all furniture including desks, chairs and tables • Dust all exposed filing cabinets, bookcases and shelves • Dust all telephones • Clean and sanitize fountains • Spot clean desk tops • Spot clean reception lobby glass including front door and any other partition or door glass • Dust mop resilient and hard floors • Vacuum carpeted floors in traffic lanes only • Damp mop resilient/hard surface floors • Spot clean spills and stains on carpeted and resilient/hard surface floors • Remove bags of shredded paper Weekly • Clean and sanitize telephones • Low dust all horizontal surfaces below 36" including sills, ledges, moldings, shelves, picture frames, ducts, radiators, etc. • High dust all horizontal surfaces above 72" including shelves, moldings, ledges, etc. • Clean entire interior glass in partitions and doors • Dust venetian blinds • Remove dust and cobwebs from ceiling areas • Vacuum wall-to-wall • Stairwells — dust all horizontal surfaces, spot clean walls, sweep and mop stairs and landings • Wipe down chair mats Monthly • Machine scrub all resilient/hard surface floors • Machine scrub and burnish all VCT flooring Quarterly • Machine scrub and add finish (2 -coats, min. 18% solids) to all VCT floors B. Washrooms, Showers: Daily • Clean, sanitize and polish all vitreous fixtures including toilet bowls, urinals, hand basins • Clean all glass and mirrors • Empty all containers and disposals, insert liners as required, spot clean and sanitize • Empty and sanitize interior of sanitary container • Spot clean all walls, doors and partitions • Refill all dispensers to normal limits (Weld County is responsible for Air Fresheners) • Sweep, damp mop and sanitize hard floors BID REQUEST #61500199 Page 10 Weekly • Low dust all horizontal surfaces below 36" • High dust all horizontal surfaces above 72" • Flush floor drains Monthly • Machine scrub hard surface floors • Machine scrub and burnish VCT Quarterly • Machine scrub and add finish (2 -coats, min. 18% solids) to all VCT C. Eating Areas (Lunch room, cafeteria, dining room, kitchen, vending): Daily • Damp clean and sanitize table tops, seats and back of chairs • Clean, polish and refill napkin holders • Empty all containers and disposals — spot clean exterior • Refill all dispensers to normal limits • Clean and sanitize drinking fountain • Spot clean doors, frames, light switches, kick and push plates, handles, walls and glass • Dust mop resilient/hard surface floors • Damp mop resilient/hard surface floors • Vacuum entire carpeted areas • Spot clean spills and stains on carpeted and resilient/hard surface floors Weekly • Damp clean pedestals or legs • Low dust horizontal surfaces below 36" • High dust horizontal surfaces above 72" • Clean entire interior glass in partitions and doors Monthly • Machine scrub all resilient floors • Machine scrub and burnish all VCT flooring Quarterly • Machine scrub and add finish (2 -coats, min. 18% solids) to all VCT floors D. Building Entrances (Up to 10 feet outside of entry doors): Daily • Sweep sidewalk • Vacuum walk -off mats • Clean entry door glass • Empty outside trash (some of these are beyond 10 feet) BID REQUEST #61500199 Page 11 Weekly • Remove gum from sidewalks • Clean trash containers E. Elevators: Daily • SweepNacuum • Spot clean doors and walls • Clean spots and spills from carpet/floors Weekly • Wipe down entire doors and walls (stainless steel clean as needed) 2. General Operating Instructions. The following is a listing of General Operating Instructions: A. Notify building contact (Custodial Supervisor or Security) of any irregularities (e,g. defective plumbing, unlocked doors, lights left on, etc.). B. At the end of shift, turn off all lights except those to be left on, close windows and lock all doors, set alarm. C. Contact Security each time you enter and exit all buildings after-hours. D. You are NOT required to service Bio-Hazard trash containers. E. You will need to pay special attention to offices that are locked — if a door is closed/locked when you enter, then it must be closed/locked when you leave. F. Take out shredded paper trash bags to outside dumpster. G. Perform monthly building walk-through reviews with Weld County Custodial Supervisor. H. Notify Weld County Custodial Supervisor of dates the Monthly and Quarterly requirements are scheduled to be performed. I. The Contractor will ensure that only assigned personnel will be permitted on County premises and no other personnel including, but not limited to, salesmen, friends, relatives, or minors will be allowed on County premises without prior notice and approval from the County. J. Contractor shall provide a list of contractor supervisor(s) and personnel who will be working in which facility. K. The Contractor shall establish and implement adequate methods of ensuring that all keys/access cards entrusted to the Contractor by the County are not lost or misplaced and are not used by unauthorized persons. No keys issued to the Contractor shall be duplicated. The Contractor shall report the occurrence of a lost key immediately to the Custodial Supervisor. Superintendent. Costs associated with key replacement and any need to re -key locks will be the sole responsibility of the Contractor. L. The Contractor shall prohibit its employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephones or equipment provided for County use only. When the Contractor's employee is found in violation of the foregoing, the employee shall be escorted to the nearest exit, and the Contractor shall be notified that such employee shall not be allowed entrance to the facility in the future until reauthorized by the Director of Buildings and Grounds. M. Contractor guarantees that an employee or supervisor will be fluent in English and be able to effectively communicate with all members of their staff so that there is no breakdown in passing work related requests/information between custodians and the Weld County staff. Contractor will ensure that all employees working within County facilities can read and understand warning signs that are written in English N. Any intentional or unintentional damage caused by Contractor's employees to County property or theft of County property will be settled in accordance with the insurance carried by Contractor. BID REQUEST #81500199 Page 12 O. Employees of the contractor are not considered employees of the County. Therefore, the contractor shall provide workers' compensation insurance coverage for all persons employed to perform the work to be done under the contract and assure that all workers will receive the compensation for compensable injuries. A copy of the workers compensation policy is required to be submitted to the County as part of this proposal. P. Contractor shall be allowed job -related use (e.g. calling Security for check in/out procedures) of County telephones at no cost to the Contractor. Q. Contractor may store supplies, materials, and equipment in storage areas within the County building facilities as designated by the Custodial Supervisor. Contractor agrees to keep his portion of this storage area in accordance with applicable fire and safety regulations. 4. Undocumented Workers and Criminal Record Verification. The following is a listing of requirements for undocumented workers and criminal record verification: A. Contractor certifies that the Contractor shall comply with the provisions of section 8-17.5-101 et seq., C.R.S. The vendor/contractor shall not knowingly employ undocumented worker(s) to perform work under this contract, or enter into a contract with a subcontractor that fails to certify to the vendor/contractor that the subcontractor shall not knowingly employ or contract with an undocumented worker to perform work. If the vendor/contractor obtains actual knowledge work performing work under this contract knowingly employs or contracts with an undocumented worker, the vendor/contractor shall: a. Notify the subcontractor and the Buildings and Grounds Director within three days that the vendor/contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented worker; and b. Terminate the subcontract if within three days of receiving actual notice the subcontractor does not stop employing or contracting with the undocumented worker, except that the vendor/contractor shall not terminate the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented worker. c. The vendor/contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to C.R.S. § 8-17.5-102(5). B. Successful respondent/vendor will be required to complete criminal record checks on all employees who work on County property for this contract. Employees who have been convicted of a theft in the past 5 years or a violent or serious felony will not be permitted to work in County facilities. Provide results of all background checks to the Buildings and Grounds Director for review. Provide background check results for any additional personnel hired during the course of this contract to the Buildings and Grounds Director for review. C. If the vendor/contractor violates the provisions of this section, the County may terminate the contract for breach and the vendor/contractor shall be liable for actual and consequential damages. 5. Sub -contracting. No portion of this proposal may be subcontracted without the prior written approval by the County. 6. Contractor Supplied Items. The contractor will supply: A. All cleaning supplies and equipment B. Consumables (See Paragraph 7) C. Supervision of cleaning crews D. Uniforms for cleaning staff with company logo and badge E. Notify Weld custodial supervisor at least one week in advance of floor work/schedule F. Material Safety Data Sheets (MSDS) on all products used in buildings G. Vacuums with beater -bars BID REQUEST #B1500199 Page 13 7. Consumable items. The contractor will supply all consumables used in the facilities. A listing of current consumables is identified in the following table. In order to obtain accurate cost for these items supply the following information: (1) List your package proposed quantity, (2) your cost to purchase, (3) Percentage of markup, and (4) Total price. Product Toilet tissue Jumbo Jr. 2 -ply Toilet tissue Universal 2 -ply Multi -Fold towels EnMotion Roll towels Cormatic Roll towels Hand Soap — GoJo Foam — 2 mil ........ _... ....._ ...... Sanitary Napkins (4") Tampons Wax Paper liners 24X33 trash liners 30X37 trash liners 40X48 trash liners Urinal Screens Package size Your Cost Markup % Total Price A. Contractor will invoice the Consumable Items for each building separately from the Custodial Services each month. With this invoice, the Contractor MUST provide a copy of your supplier's monthly invoice showing your cost and quantity shipped to EACH building. B. Contractor is responsible for ordering, storing and receiving shipments C. Contractor is NOT responsible for maintaining Air Fresheners This bid is for a (1) year contract which can be renewed annually up to (3) three additional years at the County's discretion. Contract start date is February 1, 2016. A separate contract from the successful vendor is required. A sample contract is attached. PRICING: Provide total pricing for Custodial Services per month for all the buildings identified in bid (excluding the consumables). For consumables, provide the percentage of mark-up to cover your costs (e.g. moving, storing, receiving, and managing). Custodial Services TOTAL for all buildings (Per Month) $ Consumables Markup Percentage OA BID REQUEST #B1500199 Page 14 The undersigned, by his or her signature, hereby acknowledges and represents that: The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1500199. 2 The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 13. BID REQUEST #B1500199 Page 15 Below are the answers to questions that occurred during the pre -bid meeting for the Custodial Services bid (B1500199) which was held on December 7, 2015 1. Provision R, page 6 of your Invitation for Bid states: "Non Exclusive Agreement: This Agreement is nonexclusive and the County may engage or use other contractors or persons to perform services of the same or similar nature." Does this mean the county can contract the services of more than one vendor? If so, what would be the selection process to award the bids? Will it be priority list (if so, could you explain the criteria to assign each vendor said priority position) or will the facilities be split- up among accepted bidders? Answer: Yes, we can (and do) contract with different vendors for custodial services. This clause is to cover those types of incidents. For example: we will have a separate floor care contractor in the same buildings as this routine cleaning bid/contract occurs. Other services will have independent bids published as the need would arise. 2. Could you please provide us with copies of the estimates and/or proposals the country received last time these services (both Human Services Buildings and Downtown Buildings) were bid? Answer: Attached is the bid tabulation from the last custodial services bid. Please note that the method for custodial supplies was to be included in their bid based on a base amount of supplies. The bid you are participating in does NOT use the same method. 3. Would you be able to release the proposal and bid/contract of the vendor that is currently providing the services for both facilities (Human Services Buildings and Downtown Buildings)? Answer: Attached is the bid tabulation from the last custodial services bid. 4. On page 14 of your Invitation for Bid it is stated that "contract start date is February 1, 2016". What will be the date for the contracts to be awarded or publicized? Answer: The bids are due to be received/opened on Tuesday, December 22, 2015. There is a two week review period before bid is approved. It is anticipated the bid will be awarded on January 6, 2016. The contract will be approved shortly after and start date for winning bidder will be February 1, 2016. 5. On page 14 of your Invitation for Bid it is stated that "A sample contract is attached." However, we are unable to see any attachment on the Rocky Mountain e -purchasing website, other than the actual Invitation for Bid and the recently added sign in list for the site visits. Would you be able to provide us with a said contract template or sample? Answer: The sample contract is now attached to the documents file on Rocky Mountain. 6. Please post the current vendor(s), monthly cost per facility for cleaning, the per unit cost for the consumables and the monthly usage under the subject bid numbers. Answer: Attached is the bid tabulation for the last custodial bid. Please note the specifications have changed from the last bid until this bid. 7. Please provide the current contract pricing for each building? Answer: Attached is the bid tabulation for the last custodial bid. Please note the specifications have changed from the last bid until this bid. 8. Has the scope of work changed from the current contract to the RFP scope of work? Answer: Yes. Please note the prior contract did not include the current scope of work. So your bid needs to include all that is published in this bid. 9. Who is the current vendor? Is there a subcontractor? Answer: Attached is the bid tabulation from the last custodial bid. 10. Is there a prevailing wage for Weld County or does Weld County go with the $8.00 minimum wage? Answer: There is no prevailing wage for Weld County. 11. What is the current monthly cost for consumables? Who is the current vendor for consumables? Answer: Please note that the prior contract had a different scope of work and approach for consumables. The bid you are participating in is an improvement to that approach. 12. I have a question on the Bid for the human services bldgs. In regards to the consumable items, it states in the bid information to provide a copy of your supplier's monthly invoice showing your cost. For clarification, is it something that I would purchase and just charge the markup %, or is the purchasing department be paying it after showing the invoice? Answer: During the bid process, bidder will identify the costs and quantities of products to supply to the buildings through their suppliers. NOTE: some vendors get better rates on products than others. The bidder will then identify the cost (in a percentage number) needed to account for ordering, stocking, and supplying those products to the facilities as needed. The cost for this service should be identified as a percentage of the custodial supplies. During the contract phase, the winning vendor will submit their monthly cleaning invoice to Weld County. This invoice statement will include 1) a line item for cleaning services, 2) a line item for custodial supplies, and 3) a line item for the percentage of custodial supply markup (accounts for the handling of supplies). The line item for custodial supplies should match the invoice of from your supplier. The invoice from that will attach to the winning vendors invoice statement for verification purposes. The winning vendor is responsible for paying its suppliers. Request for bid for: Weld County Custodial Services — Downtown Bldgs. Bid Request #B1500199 December 21, 2014 Whayne Enterprises 10515 E 40th Ave Denver, CO 80239 � a • 11-1-r! 1,1 WE Whayne Enterprises December 21, 2015 Weld County Purchasing Department 1150 O Street, Room # 107 Greeley, CO 80631 Re: Custodial Services — Downtown Buildings To Whom It May Concern: Thank you for the opportunity to submit our proposal for custodial services for Weld County. Whayne Enterprises has over 30 years of cleaning experience and is confident we can successfully fulfill the requirements of the scope of work that will exceed your expectations. Whayne Enterprises has demonstrated a commitment to successfully working in the Facility Services industry that has long set us apart from our competition. Our long term relationship at Denver International Airport has persevered through airport weather shutdowns and tough economic circumstances that required us to be flexible in meeting the needs of the DIA. Following the events of 9/11, we stepped up as a partner to help insure increased security within the airport. Today we are regarded as a valuable partner in keeping DIA safe and clean. We have also partnered with the Memphis -Shelby International Airport, Denver Transit Partners, and the National Renewable Energy Lab in Golden, to name just a few of our customers, and we are providing cleaning services to over 3 million square feet of public areas, restrooms and high security law enforcement areas on a daily basis. Whayne Enterprises understands that every Facility has unique cleaning and security requirements that only qualified employees can provide. It is critical to select a company that has the resources, experience, commitment and successful track record to attract and retain a highly trained workforce. Whayne Enterprises has proven to be that company. Whayne Enterprises understands the importance of the human element in the services we provide. Our entire staff of managers and field workers is trained to act as ambassadors for our clients and their facilities. We train our employees to take ownership in the facilities in which they work. A smile and a positive attitude greet all who encounter our employees. Historically, our diverse workforce includes employees who speak multiple languages. We encourage our employees to step up and help with translation for the traveling public whenever possible. Proof of this is provided in a testimonial from one of our satisfied clients, an airport passenger, in this proposal. Lastly, we understand how Weld County plays a critical role for thousands of residents. Our entire staff is committed to providing the best cleaning services and anticipates the opportunity to work on this project. Please feel free to contact us for a discussion, presentation or questions regarding our capabilities for providing services to Weld County. Sincerely, R. and M Whayne and Sons Enterpri - - nc 10515 E 40th Ave. Suite 103 • Denver, CO 80239 • Phone (303) 375-8000 • Fax (303) 375-9215 www.whayneenterprises.com • we@whayneenterprises.com Table of Contents Executive Summary -- — - 3 Company History and Experience---------- — — - — — — — ---------- -- — —-------------- -- — — ----5 Statement of Qualifications -- -- - 5 Core Values 5 Corporote Standards 5 Cleaning Experience, Staff Expertise 6 Cleaning Association Memberships 6 Key Personnel Resumes 7 Jerome Whitney — Operations Manager 7 Service Plan — The Project Approach---------------------------------------------------------------------------8 Strategies to Identify, Recruit and Hire the Right Employees 9 Job Descriptions and Responsibilities 10 Standard for Success - Proposed Reporting Schedule 11 Employee Retention 12 Training Program--- - -- -- - -- ---- 13 Classroom Training 13 Simple Steps Training Program 16 Train, Demonstrate, Evaluate, Repeat 16 Equipment and Supplies 18 Equipment List 18 References 19 Employee Uniforms 20 Quality Control Program -------------------- --- — -- — — —----------- — — — ------- - _ — -20 CleanTelligent Quality Control Program 21 www.whayneenterprises.com Page 12 Executive Summary Organization and Qualifications Whayne and Sons Enterprises, Inc. DBA Whayne Enterprises is a privately owned company established in 1982 and incorporated in 1987. We are dedicated to delivering the finest quality professional janitorial and facility services. We currently provide cleaning services for throughout the United States in a number of industries. Whayne and Sons Enterprises is a registered DBE in the State of Colorado. References We have provided several references that you can call that will ensure our performance in high profile facilities. We understand the importance of hearing directly from our clients about our services. This will help ensure you peace of mind when choosing Whayne Enterprises. Whayne Enterprises Experience and Management Team Whayne Enterprises has the experience and depth to be successful on the very first shift. No other factor has greater impact on Whayne Enterprises ability to deliver outstanding service consistently than our Management Team. This team of managers represents over a century of experience including over 20 years to a single venue at Denver International Airport. This team has worked together for decades and brings expertise in all cleaning arts and sciences with a particular application to the Facility Services industry. Flexibility is a special skill for this team, and they have demonstrated their ability to adjust to the most adversarial circumstances an airport can experience. This element is unmatched in the janitorial industry. Our long term relationship at Denver International Airport has persevered through airport weather shutdowns and tough economic circumstances that required us to be flexible in meeting the needs of the DIA. Following the events of 9/11, we stepped up as a partner to help insure increased security within the airport. We also reduced our staffing, and expense to DIA during this time. Today we are regarded as a valuable partner in keeping DIA safe and clean. Perhaps the most important element of successful service delivery in the complicated and dynamic environment such as Weld County is management leadership, skill and experience. Our management team has extensive experience and knowledge in the daily operation and quality control of projects large and small. Their leadership on this project will ensure the successful transition cleaning of the City Facilities, and will be supplemented by the Whayne Enterprises Corporate Management Team who will provide daily support to ensure project success. Project Approach Whether it is hiring qualified employees, responding to a cleaning emergency or performing day to day operations with environmentally friendly chemicals, Whayne Enterprises has you covered with a state of the art project approach plan. All components of our project approach include: ✓ Strict adherence to thorough process for hiring qualified employees ✓ Detailed training program for all employees ✓ Employee retention plans with paid time off, health insurance benefits, and incentive programs to attract and keep employees and reduce turnover ✓ Sustainable cleaning program with environmentally friendly equipment and chemicals ✓ Web -based quality control software program that allows for real-time reporting and issue resolution www.whayneenterprises.com Page 13 Quality Assurance/Quality Control Our state of the art quality control program is an ongoing process that not only ensures that we meet all of the performance standards of your contract, but also helps us to evaluate our practices and procedures so that we are constantly striving to improve our delivery of service. The software we use, CleanTelligent, is a state of the art, web -based, closed -loop software program that allows us to contact employees to resolve issues quickly and to communicate effectively with City administrators by responding with results in real- time. We are able to quickly identify locations and services within the facility that need improvement and make the necessary adjustments before they become a larger issue. CleanTelligent ensures that a consistent and high quality cleaning program is performed at all your buildings and facilities. Tracking of our performance is conducted on a weekly basis and allows us to proactively analyze issues and make adjustments where needed — before an issue becomes a larger problem. This approach to quality assurance ensures that the work is completed and enables us to constantly evaluate our practices to meet the changing needs of our clients. Transition The transition to a new contractor is often a concern. Whayne Enterprises has handled numerous transitions and has a plan to ensure that your transition is a smooth path to improved services. Our transition plan will provide a seamless changeover. This plan breaks down key components and plans for them before the start date so that your change in contractors is seamless, pleasant and effective from the very first day. Conclusion Selecting a contractor is a difficult task, but we believe that Whayne Enterprises is uniquely qualified to fully meet and exceed your needs. We believe that this proposal document will demonstrate our capabilities and answer any questions you may have. www.whayneenterprises.com Page 14 Company History and Experience Statement of Qualifications Whayne and Sons Enterprises, Inc. DBA Whayne Enterprises is a privately owned company established in 1982 and incorporated in 1987. We are dedicated to delivering the finest quality professional janitorial and facility services. We serve a diverse, nationwide base of clients. There is no limit to the size of facility that we can service. We are able and willing to serve you 24 hours a day, 365 days a year if requested. Customized service, great communication, and creative problem -solving are keys to our success. Clients appreciate our management's direct involvement and accessibility. We respond to needs quickly and well. Whayne and Sons Enterprises, Inc. is committed to striving for the highest level of Facility Management Services possible without compromise to the business ethics, moral integrity and personal esteem of our corporation, Clients, employees and colleagues. Core Values Develop employees who are professional, demonstrate pride in "ownership", are efficient, loyal, and maintain a positive attitude. Become an "Employer of Choice" through judicious application of knowledge, leadership, and technical skills which lead to the development of a quality work environment. To insure all responsibilities are performed efficiently and completely, the first time, every time. Continuously striving to be a leader in the Facility Service industry through selective client/contractor partnership. To develop an effective sales force to expand present and future client/contractor partnerships. Establish a financially responsible policy that leads to the vision and mission of Whayne Enterprises. Corporate Standards Our Corporate standards ensure consistent superior service: Superior knowledge and leadership to maintain a highly skilled workforce • Customized service to address every budget • Accessibility to management 24 hours a day, 7 days a week • Seamless integration into each Client's operational process Daily on -site management for improved communication and service Efficient, cost-effective practices to ensure a high degree of safety in each work environment • Environmentally safe products • Advanced technology and equipment for exceptional results www.whayneenterprises.corn Page 5 Cleaning Experience, Staff Expertise The expectations for Weld County are very high. Whayne Enterprises certainly understands the importance of working to high standards. We have been a major service provider to Denver International Airport for over 20 years. Denver International Airport is one of the nation's highest profile Facilities with over 52 million annual passengers and 1,500 flights daily. Whayne Enterprises has been providing cleaning services for DIA for 20 years. Whayne Enterprises cleans over one million square feet of janitorial service, twenty-four hours a day, seven days a week in a high profile public environment. We provide all aspects of janitorial service in the Denver International Airport including office areas. Contract specifications include daily interactions with both the tenant and customers, emergency cleaning and response including severe weather staffing which requires assisting the City of Denver personnel with duties outside the scope of the contract. This facility is an international airport with strict security guidelines set forth by the Federal Airport Administration and the Transportation Security Administration. This contract calls for employee training of Hazardous Waste, MSDS Procedures, Equipment Handling and Security/Emergency Procedures. Whayne Enterprises were on site during September 11, 2001, and our employees assisted in ensuring Denver International Airport remained secure. The National Renewable Energy Laboratory has been a client of Whayne Enterprises for nearly a decade. Whayne Enterprises cleans over 900,000 square feet at 21 locations and providing full janitorial services. All work has to be performed on a specific schedule to accommodate ikRa various research projects. Being a high profile government contract, NREL r requires security clearance to laboratories so that NREL's personnel can *ail stay on schedule with their research projects. The scope of this contract NATIONAL RENEWABLE ENERGY LABORATORY calls for employee training of Hazardous Waste, MSDS Procedures, Equipment Handling and Security/Emergency Procedures. The scheduled cleaning of the facilities is spre :d throughout Golden, Colorado. Cleaning Association Memberships Whayne Enterprises is strongly committed to keeping at the forefront of industry knowledge and maintaining a presence in the organizations that are invaluable to the cleaning industry. heil RMMSDC National Minority Supplies Development Council. Inc. www.whayneenterprises.com Page 16 Key Personnel Resumes Jerome Whitney - Operations Manager SUMMARY OF QUALIFICATIONS Dedicated Professional with extensive and diverse experience working for Fortune 100 and 500 companies. Extensive experience in Employee Relations, Labor Relations, Transportation Management and Logistics. Proven abilities in EEO / Affirmative Action, EEOC and Civil Rights Litigation. HIGHLIGHTED CONTRIBUTIONS • Developed a positive working relationship with Labor Union Representatives that eliminated the "Us against Them" mythology which created the opportunity to work together for the benefit of the employee in the areas of Safety, Health and Wellness. The combined effort that was created impressed upon the "At Risk" employee the true importance of working safely by choice and not by chance. This effort drastically reduced injury incidents, worker compensation cost and wellness education. Successfully Instituted a Wellness program for 2600 employees in the state of Wyoming and Western Colorado that effectively reduced workplace injury incidents by more than 75%. Reduced injury costs in excess of $100,000. Developed a partnership between the Company and Labor Union to impress upon the workforce the importance of eliminating "At Risk" behaviors. Successfully Managed over 2600 employees and transportation operations throughout Wyoming and western Colorado while effectively maintaining a $7 million dollar a month operation plan. Established procedures for the implementation of Saturday Air Delivery and On Call Air products throughout Wyoming and Colorado. These operations continue to remain one of UPS' most cost producing products. Developed and Orchestrated policies and procedures for hourly and management personnel that reduced the reported number of EEO and Civil Rights complaints. Experienced success in opening communications for a better understanding between both groups. Fewer grievances were also a direct result of those policies and procedures. CAREER HISTORY & PERFORMANCE WHAYNE ENTERPRISES, Denver, Co. 2010 — Present OPERATIONS MANGER/LABOR MANAGER ■ Operational responsibility for all contracts. • Successfully assisted in negotiating a new labor contract with the SEIU for all hourly custodial workforce at Denver International Airport. • Implemented labor contract training program for Human Resources Management Team and Project Manager. UNITED PARCEL SERVICE, Denver, Colorado 1983-2010 BUSINESS/DIVISION MANAGER www.whayneenterprises.com Page 17 • Successfully manages all logistical employees and transportation operations throughout Wyoming and Western Colorado. • Instituted all policies and procedures for governing the movement of customer products and assisting in enhancing their supply chain solutions. • Effectively maintained a $7 million dollar a month operational plan. • Implementation of new technology for the enhancement of package visibility and cost effectiveness. • Established procedures for the implementation of Saturday Delivery and On -Call Air products throughout Colorado and Wyoming • Implemented and managed Employee Safe Work Methods, injury and accident prevention, Workers Compensation and Back -to -Work Procedures. Monitoring processes for Wellness and injury prevention activities. Executed Safety Program that supported the Health Management Program. LABOR RELATIONS MANAGER • Negotiating and settlement of employee grievances while insuring the language of the contract is upheld. • Conducted labor contract training classes for the district management teams. • Contract language interpretation. • Arbitrating Grievances • Preparation of strike responses Service Plan — The Project Approach Managing the janitorial function within a dynamic environment such as Weld County requires open communication with your facility management personnel, in-depth planning, strong management and great flexibility. Whayne Enterprises does ongoing formal planning that includes how the work will be done and by who. Daily, weekly, quarterly and annual project schedules are written and extra attention is given to special requirements and requests. This planning process has provided Whayne Enterprises with a proven track record of providing outstanding service that is seamless and meets your needs. Below is our approach to managing the custodial needs of your facilities. This project approach consists of the following components which are all described in detail below: • Proven processes for hiring the right employees • Employee retention • Strict job duties and responsibilities • Detailed communications plan • Quality Control Plan • Training • Transition Plan • Staffing Plan • Custom Service Equipment and Supplies www.whayneenterprises.com Page 18 Strategies to Identify, Recruit and Hire the Right Employees Whayne Enterprises is an Equal Opportunity Employer. All Whayne Enterprises employees are adults (at least 18 years of age) hired without regard to race, sex, creed or national origin. Employees are hired only after extensive interviews and screening. They must have an acceptable police record, verifiable work and personal references, and, in the case of student applicants, good academic standing. Whayne Enterprises complies with all local, state and federal regulations regarding compensation, taxes, workmen's compensation insurance and social security. Whayne Enterprises is a leader in terms of industry standards. There are few other janitorial providers' whose pre-screening practices can compare to our detailed process. Candidates are hired only after extensive interviews and a thorough background check. We do more than merely match candidates to job openings. We work closely with our clients to determine the exact qualifications and skills needed in each position. In a labor market where good employees are hard to come by, solid recruiting strategies become essential. Losing good employees is a terrible drain on any company; therefore, we take the time during the initial hiring process to ensure that current employees are provided the opportunity to continue working with Whayne. The selection process involves four key steps: 1. Quality Candidates: applicants come to the office to fill out an application or in some instances; the Human Resources Coordinator meets with the applicants at a convenient location. The applications are then reviewed by the HR Coordinator. 2. Interview Candidates: the Human Resources Coordinator conducts interviews using an interview guideline form that insures consistency and verifies that candidates are qualified for the position and fit the available openings. Whayne Enterprises is an EEO employer, so all decisions concerning hiring and other terms and conditions of employment are made in accordance with applicable laws regarding race, age, religion, disability, sex, or national origin. 3. Screen Candidates: Those applicants who are qualified have a reference and criminal background check. Only those applicants that have clean criminal backgrounds and positive reference checks make it to the final round. Criminal Background checks are run on all employees for any disqualifying events. Additionally, Whayne Enterprises verifies employment eligibility using E -Verify to ensure that candidates meet all employment eligibility guidelines. 4. Select Candidates: The final step is to make a job offer to the applicant and to schedule their training sessions. The following is an overview of the steps taken in the hiring of employees. Recruiting New Employees Step Activity 1 Contract is awarded to Whayne Enterprises 2 Advertising in the classified section of local papers, ethnic newspapers, contact churches, minority chambers, economic development organizations, government sponsored job boards, unemployment agencies. 3 Conduct criminal background checks and Schedule interviews with qualified applicants. 4 Interviews conducted 5 Screening process completed 6 Formal offer of employment 7 Welcome and orientation meeting with Management www.whayneenterphses.com Page 19 Job Descriptions and Responsibilities Even a magnificently designed cleaning program, packed with technology and promises, may fall short if a company's management team cannot provide the supervision needed to ensure customer satisfaction. With this in mind, there are many areas to consider when evaluating a new janitorial company — their experience and organizational structure are just two of the top priorities. Whayne Enterprises deploys a hands-on management team. These representatives have strong managerial and technical skills in all aspects of the cleaning arts and sciences. They are quickly able to define and resolve service issues, coordinate special requests, schedule appropriate tasks, supervise employees and deliver training. Our management and supervisory employees are committed to helping our workers become empowered team players by involving them in "The Big Picture". This develops pride in his/her work and for our company too. Whayne Enterprises strives to listen to our employees' ideas because we've found that they often improve service quality. This type of involvement produces a work environment that generates employee enthusiasm and job satisfaction. Management Team Responsibilities The Whayne Enterprises Management Team works with your facility managers to see that all services are performed according to the contract specifications. Our goal is your continued satisfaction with the cleaning processes that are taking place. Our team can take care of any problem and proactively anticipate any maintenance issues that may arise. Supervisors and leads are directly involved with each cleaning function, and job inspections are conducted at multiple levels as described in the quality control section of this document. The following descriptions provide a high level view of the specific management positions and their roles and responsibilities. Experienced Operations Team • Operations Manager • Supervisor / Working Lead • Custodian Operations Manager The Operations Manager has overall responsibility for the operations teams working in the areas we clean. Items include: ensuring that run setups are accurate and up-to-date; follow-up and problem solving with serious, ongoing, or potential issues; ensures well trained Managers and Supervisors; provides technical advice; and works with the operations team on human resource issues, labor relations, workman's compensation, and safety and compliance matters. Supervisors / Working Leads Supervisors are all experienced cleaning professionals who show exceptional ability at managing the cleaning process and people. They are responsible for making sure the cleaning is accomplished and continual on-the-job training. Their goal is to create a work environment that results in employees feeling better about themselves. In turn their work results in improved productivity, not to mention reduced training and other turnover costs. Supervisors strive to create a working environment that constantly raises an www.whayneenterprises.com Page 110 employee's self-esteem, sense of professionalism, and job satisfaction. Supervisors are in charge of the cleaning process at the terminals. The Supervisor directs all regular and special services and provides continuous on-the-job training to the staff. Activities include: Checking the daily log for any special requests, new information or concerns. • Inspecting for any special cleaning tasks. • Meeting with general cleaners and project cleaners to coordinate work activities. • Inspecting completed work for quality to ensure cleaning standards are met. • Providing special training or orientation for new workers. • Checking to ensure that each employee has necessary supplies and equipment. • Calling attention to any facility problems in areas such as plumbing and lighting. Our Approach The Whayne Enterprises approach to cleaning your facility recognizes that all facilities have unique needs. Weld County is seeking daily service to meet the needs of your facilities 5 days per week. Our daily cleaning staff, and project workers will provide regular daily cleaning and deep cleaning in line with the scope of work provided in the bid document. The cleaning staff is composed of a number of specialists that attack your facility with special equipment that makes their work faster. Keeping labor at a minimum is a key to managing costs, and the right equipment is critical in this effort. janu orr.4.--; iQservuce 12.- r.i cleaner v� .+ • —uniform3 3 ;'';. `w'arm• U ....• ut C) O . ....r....-. . Standard for Success - Proposed Reporting Schedule As the contract begins, we would ask that our Operations Manager set up a regular schedule of meetings with Weld County contract manager. We suggest that these meetings be held weekly during the first month of the contract. After the first month the Contract Administrator and the Whayne Enterprises Operations Manager can agree upon a timetable for future meetings. We suggest that these meetings be held not less than monthly at any time throughout the contract. Additionally, we suggest that there be a formal review process that we can utilize to monitor our performance, and increase communication between all parties. We have attached a sample evaluation form for this purpose. We propose to meet quarterly with a representative from your facility management staff. In this meeting Whayne Enterprises will discuss the aspects of the contract contained on the evaluation form. We will make a presentation that outlines our performance, and the members will discuss each item and agree upon a score for each performance item. In addition to reviewing each item, there may be suggestions for improvement. These documents will form the basis for contract improvement, and will be kept throughout the life of the contract. www.whayneenterprises.com Page 111 Employee Retention It is critical to attract and hire the right candidates for the job. Hiring the best employees involves a large amount of work and our employees are a great investment that is the main component of our success. After hiring decisions are made and employees are put to work in the field, our next goal is to make sure they stay our employees. Whayne Enterprises wants to ensure we do not lose good workers. We do not want turn -over and the cost of starting up new employees. To avoid turn -over and keep our good workers, we have an attractive benefits and incentives package designed to reward workers with exceptional performance, take paid time off and paid holidays, and medical insurance. Non -Management Benefit Package Health care coverage for full time employees (ACA Compliant) • Holidays • Vacation and Sick Pay • Clothing Non -Management Incentives • Annual Attendance bonus. Employees who have had no unscheduled days off through November 30'^ of each year, will receive a bonus of $100, to be paid on the first full pay period in December of each year. • Performance bonus opportunities (see performance bonus plan below) • Birthday cards given out and signed by all staff for Birthdays with ice cream and cake provided by the company (once per month) • Anniversary pins every 5 years • 20th Anniversary watch and days off with pay • Safety Employee of the Quarter - posters and Safety pin • Employee of the Quarter for each shift - day off with pay and $50 bonus • Quarterly appreciation lunches provided by the company • Special recognition for a job well done with special recognition letters, certificates and movie tickets Management Benefit Package • Health Care options • Vacation and Sick Benefits • Annual raises based on performance • Clothing www.whayneenterprises.com Page 1 12 Training Program Turnover in the custodial work force is an important management challenge and one that training and motivating effects directly. Whayne Enterprises recognizes the importance of this management challenge and successfully delivers a stable workforce by maintaining low turnover results. Training programs are provided to all levels of the workforce and represents a substantial investment of time and resources. We know that proper training increases employee morale which in -turn leads to greater productivity and reduced turnover. Training helps build the foundation of our success and how well our people perform their roles. We work to ensure that our staff has the necessary knowledge and training to not only do their work technically correct but with a customer focused "can do" approach. To facilitate this Whayne Enterprises has developed multi -faceted training programs designed to allow our staff to grow in: technical proficiency, safety and customer service. Programs include. • Classroom training • On-the-job training • Refresher Training • Safety Training Classroom Training • Supervisor & Manager Training • Customer Service Training • On -Going Education Classroom instruction prepares employees for their work assignment and also teaches the actual cleaning regimen they will perform on the job. This training is performed prior to the employees first day on the job as part of our new employee orientation. This training and orientation helps to ensure that employees are productive from their very first day on the job. Participants complete carefully designed and delivered coursework conducted by experienced instructors. Each employee has the chance to observe, ask questions and practice. Curriculum includes: Introduction to Cleaning Attention is given to job vocabulary, organization, and planning. The training also covers personal hygiene, correct hand washing procedures and many technical details. Basic Cleaning Techniques This course covers the proper use and care of cleaning agents, supplies, and equipment. Training is provided in general cleaning, equipment care, floor care, dust mopping, floor scrubbing, floor stripping, application of finish, auto scrubbers, floor buffing, carpet care, restrooms, window cleaning, drinking fountains, garbage & can area, classrooms, shower & locker rooms, gymnasiums and limited outdoor maintenance is also included. Green Cleaning Green Cleaning training sessions teach employees that Whayne Enterprises is an environmentally -friendly janitorial service company. We follow cleaning guidelines set forth by the Environment Protection Agency www.whayneenterprises.com Page 1 13 (EPA) and use cleaning materials that carry the Green Seal logo of approval. Restroom Cleaning Supervisors discuss the liquid method of cleaning a restroom including odor control, drain maintenance, and dispensers. The rest room cleaning program also includes such tasks as preparing and replacing supplies, equipment, trash removal, sanitation, mirrors, bright work, spot cleaning, floor maintenance and inspection. Cleaning to Prevent the Spread of Infection This training focuses on the importance of preventing the spread of infectious bacteria through proper cleaning procedures. The training discusses common environmental medical terms, builds understanding of aseptic cleaning and presents related Material Safety Data Sheets. HIPAA Policy All confidential patient information and data regarding any individual's health status, medical status, or medical condition or treatment ("Confidential Patient Information") to which any Whayne Enterprises employee performing services where such Confidential Patient Information may be exposed will be kept confidential. Bloodborne Pathogen Training This course covers the Occupational Safety and Health Administration (OSHA) guidelines that help to eliminate or minimize occupational exposure to Hepatitis B virus (HBV), Human Immunodeficiency Virus (HIV), and other bloodborne pathogens. OSHA Hazard Communication This course covers the OSHA Hazard Communication Standard, Title 29 Code. It includes a review of the hazardous chemicals list; Material Safety Data Sheets (MSDS) usage; the importance of labeling containers; and provides specific training using and disposing of hazardous materials. Lockout/Tagout Program The LockoutlTagout Program procedures have been established in compliance with the OSHA Standard, Title 29 CRF 1910.147 and 1910.333. The purpose of this procedure is to establish specifically how employees will protect themselves from injuries related to the unexpected energizing of start-up of machines or equipment. On -the -Job Training On-the-job training consists of an experienced employee working with a new janitor. They cover such tasks as simple cleaning, bathroom sanitation; sweeping and mopping, wall washing and floor care techniques. This training includes usage of floor machines, buffers and carpet extractors. Appropriate work habits are stressed throughout the entire program. Once the new employee is familiar with their duties they will then work without the experienced employee. On -site Skills Reinforcement Once an employee is assigned to a work location their Project Manager or Area Manager will issue a pocket - sized card that outlines responsibilities and areas to be covered. Every effort is made to encourage www.whayneenterprises.com Page 114 ownership of their assigned area and to foster a sense of pride in the work being done. The supervisor ensures each employee has a complete understanding of the work objectives, answers questions and observes the employee in the execution of tasks. Supervisor's Training Supervisor training is conducted quarterly by the Operations Manager. Topics for the Supervisor's training are also directed from the Building Services Contractors Association International (BSCAI). On -Going Education Keeping up-to-date on building maintenance issues is an on -going process for all employees. Refresher programs allow employees to enhance their cleaning skills re-training programs are presented when new methods or materials are introduced. Safety and Health Education and Training Program Employee training is our most valuable accident prevention tool in developing employee awareness of safety. We have found that by providing an effective education and training program to our employees, they learn to recognize and eliminate hazards to prevent accidents. We realize that many accidents are avoided by showing our employees safe work practices and it makes them aware of the hazards of their duties. Fut, exti It; l Caution In the event of fire Do not use these lifts www.whayneenterprises.com First aid nger Ctricfty re action 1/11111MI Page j15 Simple Steps Training Program Simple Steps Training Program Demonstrate Train, Demonstrate, Evaluate, Repeat Evaluate Repeat Whayne Enterprises understands that training is not a one-time activity. Effective training reinforces best practices, which soon become habits as employees are given training, motivation, and reinforcement to do the right thing over and over. We not only train our employees what they should do, we demonstrate how to do it, and then have them demonstrate it to our management team and to each other. Demonstrating how to do a task to a co-worker is a powerful training tool that reinforces positive actions. Once employees are trained in a task, they are regularly evaluated by team leaders, supervisors, and managers. This is a time to review proper methods, and correct "shortcuts" that nearly all employees fall back on without proper reinforcement. Even when employees become proficient, we continue to train them and have employees train each other to emphasize the importance on -going improvement Whayne Enterprises Simple Steps training program designed for all cleaning and supervisory jobs. The Simple Steps training program is based on the concept that every job in the cleaning task list can be described in a few short specific terms. Each cleaning job is broken down into no more than steps. When these simple steps are executed in order, according to our training plan, the job will have been completed to meet Whayne Enterprises' specifications and in the allotted time. Simple Steps is an especially strong training program for the following reasons: www.whayneenterprises.com Page 1 16 1. With no more than 5 steps, these are easy for all personnel to memorize 2. It keeps the training and the task lists simple enough for all personnel to understand 3. It makes the training easy for all supervisors to replicate on the spot when re-training is necessary 4. It makes it easy to spot how and when the cleaning task is not being performed correctly Additionally, this unique training program is offered with graphic representation of each task so that reading is not really necessary. Consequently, communication barriers typically encountered in training of this type are completely avoided. Each cleaner is issued a laminated card with the Power of 5 tasks for their specific job printed on it, and it is worn on their ID badge lanyard so it is with them at all times for reference. Our experience with the Simple Steps training program has been excellent, and we are confident this program has improved the cleaning outcomes of our service and has resulted in satisfied customers. The Simple Steps training program is particularly important with new accounts because we anticipate that at least part of the training crew will be existing employees. These employees are highly valuable because they are already familiar with the facility. However, it is critical to re-train these existing employees if an improvement in the cleaning results is to be realized. The Simple Steps Training program is instrumental in making sure that these employees are well versed in the methods used by Whayne Enterprise in providing outstanding service. c - Etti required t 2 . apprentice 2 0 pracucal u continuing education TRAIIJI►JG on the job 73 essential , G poetical •— infnrmrrl r nett ti) nrcupeoli4rn CUC) ti„n1 formal "P..:!•• classroom mi AA trace 1 test www.whayneenterprises.com Page 1 17 Equipment and Supplies Whayne Enterprises recognizes the importance of equipment in the cleaning of your facility. Whayne Enterprises partners with major manufacturers not only for the best pricing, but also for service. We also understand that Facilities have unique equipment requirements that are very different from traditional high rise buildings or other facilities typical of custodial services accounts. Equipment List Listed below are some examples of the equipment that will be used in your buildings. The Equipment listed below has been tested in numerous Facilities across the country. Should a manufacturer introduce a new or improved item prior to the start of your bid, we will meet with Weld County representatives and discuss these changes. Brand NSS Item Description Charger Backpack Vacuums Viper 26" automatic floor scrubber Windsor Sensor Upright vacuum cleaner Windsor Compass Multi -Surface Cleaner Windsor Recover Wet Dry Vacuum Unger Microfiber cleaning systems Unger Microfiber Wet Mops Tennant 607713 Spotter 1000 Miscellaneous Janitor Carts, Mop Buckets, Handles, Dust Pans and Brooms, and assorted Janitorial Equipment Rubbermaid Brute Barrels Rubbermaid Maid Carts www.whayneenterprises.com Page 1 18 References Denver International Airport 8400 Pena Blvd. Denver, Colorado 80249 Ronald Patterson Ronald. Pattersonaflydenver.com 303-342-2898 January 1994 — Present Cleaning over a million square feet of janitorial service, twenty-four hours a day, seven days a week in a high profile public environment. Providing all aspects of janitorial service in the Denver International Airport including office areas. Contract specifications include interaction with both the tenant and customers. Scope includes emergency cleaning and response including severe weather staffing, which requires assisting the City of Denver personnel with duties outside the scope of the contract. This facility is an international airport with strict security guidelines set forth by the Federal Airport Administration and the Transportation Security Administration. This contract calls for employee training of Hazardous Waste, MSDS Procedures, Equipment Handling and Security/Emergency Procedures. Whayne and Sons Enterprises were on site during September 11, 2001, and our employees assisted in ensuring Denver International Airport remained secure. National Renewable Energy Laboratory 1617 Cole Blvd. Golden, Colorado 80401 Frank Rukavina — Facility Manager Frank.Rukavina S nrel.gov 303-275-3000 May 2001 — Present IINREL +ENEWAHLE ENE fh.. Cleaning over 900,000 square feet at 21 locations and providing full janitorial services. All work has to be performed on a specific schedule to accommodate various research projects. Being a high profile government contract, NREL requires security clearance to laboratories so that NREL's personnel can stay on schedule with their research projects. The scope of this contract calls for employee training of Hazardous Waste, MSDS Procedures, Equipment Handling and Security/Emergency Procedures. The scheduled cleaning of the facilities is spread throughout Golden, Colorado. Denver Transit Partners Robert Bohnet Contracts Manager 1670 Broadway, Suite 2700 Denver, CO 80202 Robert.bohnetOdtpiv.com (303) 297-7524 [ DENVER TRANSIT PARTNERS Cleaning over 500,000 square feet of janitorial service for Denver's Commuter train system, the Denver Transit System serves locations throughout Denver, and will soon include the new commuter train system to Denver International Airport. Cleaning of all public areas. operations, and administration and employee areas including maintenance operations facilities. www.whayneenterprises.com Page I19 Employee Uniforms Each employee will wear a company provided uniform while on duty. This is a representation of a typical Whayne Enterprises employee uniform. The colors of the uniform can be changed depending on the client preference. Certain clients may feel the color is too close to the color of their maintenance employee uniforms or they may want continuity when it comes to identification of employees and contractors within a specific department. Female Male Quality Control Program Whayne Enterprises quality assurance programs are similar to a Six Sigma process, in that they are designed specifically to constantly drive for improved performance; we use the contract cleaning specifications from your facility and the collection of quantifiable data (which is gathered through inspections and your feedback) then we measure and track our performance. The program is an ongoing process that not only ensures that we meet all of the performance standards of your contract, but also helps us to evaluate our practices and procedures so that we are constantly striving to improve our delivery of service. Tracking of our performance is conducted on a weekly basis and allows us to proactively analyze issues and make adjustments where needed — before an issue becomes a larger problem. This approach to quality assurance ensures that the work is completed and enables us to constantly evaluate our practices to meet the changing needs of our clients. Deficiency Prevention The inspection process is a closed -loop process that allows Whayne Enterprises management the ability to quickly contact employees, resolve issues and to communicate effectively with your facility managers by responding with results in real-time. We are able to quickly identify locations and services within a facility that may need improvement and make the necessary adjustments before a larger issue arises. www.whayneenterprises.com Page 120 CleanTelligent Quality Control Program CleanTelligent is the heart of our project approach. Whayne Enterprises recognizes that quality control is not a one-time event or an activity that is conducted once a week — quality control is an ongoing process to ensure we meet the performance standards of the janitorial contract. Whayne has selected CleanTelligent as our Quality Management Software. It is a 100% web -based highly configurable quality management system (QMS) that helps Whayne track, analyze, and report on quality issues. nTeliigent sra... Inspections and Client Feedback Cleaning' Specifications and Contract • Requirements Quantifiable Data Quality Control Web -Based Program Reporting and Analysis Review and Make Adjustments • CleanTelligent places the focus on customer requirements, processes, analytical documentation and timely execution of changes and adjustments. It is an internet-based, closed -loop software program that allows us to contact employees to resolve issues quickly and to communicate effectively with airport administrators by responding with results in real-time. We are able to quickly identify locations and services within the airport that need improvement and make the necessary adjustments before they become a larger issue. CleanTelligent ensures that a consistent and high quality cleaning program is performed at your airport. Benefits of CleanTelligent • Allows facility administrators to: generate service requests, generate inspection reports, and review output reports at any time from their own computer. • The system is highly customizable. Whayne Enterprises will adjust the program to fit the exact needs of the Airport prior to launch, and will make changes as the airport's needs change so that inspections and reports are always on target to deliver the necessary services. • Utilize a single, airport -wide system to manage all quality management information and initiatives • Automate the tracking, management, and notification of Whayne Enterprises staff • Web -based tracking forms, analysis tools, and roll -up reporting facilitates continual improvement • Centralize the management of quality related activities and requirements and drive airport performance Database of Cleaning Specifications The step that ensures we perform our service according to the contract is to enter the specifications and frequencies as well as project work into the CleanTelligent database. Inspections can then be customized with the exact specifications of the contract. www.whayneenterprises.com Page 121 In addition, custom questions are developed that enable inspectors and supervisors to do more than just check the basics; we have them checking: safety, keys, janitor closets, material safety data sheets, other safety concerns etc. to ensure important areas are being addressed Scheduling Periodic Services ISSUE: We have found that one of the most frequent and frustrating aspects of a Facility Manager's job is that they have to manage their cleaning company's compliance in delivering the periodic services as outlined in the contract. SOLUTION: In addition to the quality control elements of CleanTelligent, the program provides us with a job scheduling component. The periodic specifications are entered in to the software to ensure the work is completed according to the specification of the contract. Project work is then scheduled with the ability to be monitored. We have the means to efficiently schedule project work and periodic services AND report back to the client when the work has been completed. We know that managing the janitorial function requires open communication with client personnel so we adopt a proactive approach in managing our daily, weekly, quarterly and annual project schedules. The process of electronically tracking service provides us a proven track record of providing outstanding seamless service that meets our client's needs. Reports CleanTelligent provides many options from one source — a command center through which cleaning and performance can be tracked on a daily basis. CleanTelligent provides two types of graphical reports: dashboard reports and personal reports. Dashboard reports provide administrative information including average inspection scores, inquiries, complaints, etc. Dashboard reports provide a quick analysis of the entire cleaning operation. Reports can show the number of complaints received at different times of day, days of the week, or months of the year. It also shows which services and specialist types receive the most complaints. The graphical analysis shows our challenges based on the quantifiable deficiencies that were found through the inspection process and complaints that are logged by the client. *fir: .flax Lunt • Ihnira Se. The Whayne Enterprises management team conducts trend -analysis that enables our teams to be proactive at addressing deficiencies which in turn improve our inspections scores. With analytical tools like these, we are able to direct our employees toward performance that will address concerns and issues before our clients know they are there. These reports are capable of identifying every job, specification and worker at every level. The detail available for management to review is the best in the industry and make it possible even to identify individual training needs so that permanent improvements can be made. www.whayneenterprises.com Page 122 Forms Required bid forms Provided on the following pages www.whayneenterprises.com Page 123 www.whayneenterprises.com Page 124 7. Consumable items. The contractor will supply all consumables used in the facilities. A listing of current consumables is identified in the following table. In order to obtain accurate cost for these items supply the following information: (1) List your package proposed quantity, (2) your cost to purchase, (3) Percentage of markup, and (4) Total price. Product Toilet tissue Jumbo Jr. 2 -ply ( Toilet tissue Universal 2 -ply Multi -Fold towels EnMotion Roll towels Cormatic Roll towels Hand Soap — GoJo Foam — 2 mil Sanitary Napkins (4") Tampons [ Wax Paper liners 24X33 trash liners 30X37 trash liners 40X48 trash liners Urinal Screens Package size 12 rolls 196 rolls 4000 6 rolls 6 rolls 2/2000 ml 250 500 500 1000 500 250 12 Your Cost Markup % Total Price 24.35 10% 26.78 1 39.95 I 10% 143.95 21.85 10% 24.03 48.65 10% 53.52 61.41 10% 67.55 44.64 10% 49.10 45.72 10% 77.99 10% -1 23.35 1 10% 29.71 10% 24.35 10% 29.15 10% 17.40 10% 50.29 85.79 j 25.69 32.68 26.79 32.07 19.14 A. Contractor will invoice the Consumable Items for each building separately from the Custodial Services each month. With this invoice, the Contractor MUST provide a copy of your supplier's monthly invoice showing your cost and quantity shipped to EACH building. B. Contractor is responsible for ordering, storing and receiving shipments C. Contractor is NOT responsible for maintaining Air Fresheners This bid is for a (1) year contract which can be renewed annually up to (3) three additional years at the County's discretion. Contract start date is February 1, 2016. A separate contract from the successful vendor is required. A sample contract is attached. PRICING: Provide total pricing for Custodial Services per month for all the buildings identified in bid (excluding the consumables). For consumables, provide the percentage of mark-up to cover your costs (e.g. moving, storing, receiving, and managing). Custodial Services TOTAL for all buildings (Per Month) $ 11,941.76 Consumables Markup Percentage 10% BID REQUEST #B1500199 Page 14 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1500199. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3 He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Whayne and Sons Enterprises, Inc. dba Whayne Enterprises BUSINESS ADDRESS 10515 E 40th Ave. Suite 103 CITY, STATE, ZIP CODE Denver, CO 80239 TELEPHONE NO (303) 375-8000 FAX 303-375-9215 TAX ID # 84-1051862 PRINTED NAME Apt TLE Richard Whayne, Jr. - Owner and President SIGNATURE E-MAIL rmw@whayneenterprises.c DATE December 21, 2015 **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 13. BID REQUEST #61500199 Page 15 ACORO CERTIFICATE OF LIABILITY INSURANCE WHAY&SO-001 MSWAIM I DATE (MMIDDIYYYY) 1/13/2016 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. 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). PRODUCER Forsberg Engerman Co 3575 S Sherman St Englewood, CO 80113 INSURED Whayne and Sons Enterprises dba Whayne Enterprises 10515 E 40th Ave #103 Denver, CO 80239 CONTACT NAME: PHONE (A/C, No, E303 762-1717Em) E-MAIL info info@forsberg-engerman.com erman.com ADDRESS: Cagy g- 9 INSURER(S) AFFORDING COVERAGE INSURER A:EMC Insurance Companies INSURER B: Pinnacol Assurance INSURER C :Zurich American Insurance Company INSURER 0: Cincinnati Insurance Companies FAX INC, No): (303) 762-1733 NAIC # 21415 41190 16535 10677 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR LTRTYPE OF INSURANCE ADM INSD SUBR! WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY X OCCUR X X 4D75619 07/01/2015 07/01/2016 EACH OCCURRENCE $ 1,000,000 GEN'L X CLAIMS -MADE AMATRENTE PREMISEGESO(Eaoccccurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS X X 4E75619 07/01/2015 07/01/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X 4J75619 07/01/2015 07/01/2016 EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 DED X RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X 4157055 07/01/2015 07/01/2016 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ - - - 1,000,000 - E.L. DISEASE - EA EMPLOYEE $ 1,000,000 EL. DISEASE - POLICY LIMIT $ 1,000,000 C D Workers Compensation Crime (Includes Burg WC9691874-03 SIB8422144 07/01/2015 01/01/2015 07/01/2016 01/01/2016 Policy Limit Crime 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County is named as an additional insured with respect to general and auto liability coverage. A waiver of subrogation is added in favor of the additional insured with respect to general liability, auto liability and workers' compensation coverage. Excess follows form CERTIFICATE HOLDER CANCELLATION Weld County 1150 O Street Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WELD COUNTY AGREEMENT FOR SERVICES BETWEEN WELD COUNTY & ECO SANICREW CUSTODIAL SERVICES - DOWNTOWN THIS AGREEMENT is made and entered into this/ & day o , 2014 by and between the County of Weld, a body corporate and politic of the State of Col ado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Eco Sanicrew, who whose address is 995 Sir Galahad Dr., Lafayette, CO 80026, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibits A and B; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and Bare specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B B 1500199". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibits A and B which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement Onutd- 0246 -.saa ete_ err) w( ,W 15 %17 'BGooi7 by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $7,999.99, per month, plus a 3% markup on consumables, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty, Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed 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. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. 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. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor, Weld County Director of Buildings and Grounds. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Eco Sanicrew Attn.: President, Address: 995 Sir Galahad Dr., Lafayette, CO 80026 Address: E-mail: Facsimile: County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttavlor@weldgov.com. Facsimile: 970.304.6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. 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. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings 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. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. b i l i ty. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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 term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 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. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S.§8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this L -(4'k day of , 2014 Name: Title: BRIAN WOODMAN NOTARY PUBLIC ".;10 OF COLORADO NOTARY ID 20144007003 MY COMMISSION EXPIRE APRIL 3, 2018 Date 0 U WELD COUNTY: ATTEST: si;� Weld Qountry Clerk to th= Board BY: Deputy Co the �1 APPROVED AS TO FUNDING: '044 4.4 Controller APPR ED AS po FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair FEB 1 0 2016 APPROVED AS TO SUBSTANCE: Qti ector of General Services 6khaI?,t A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: NOVEMBER 13, 2015 BID NUMBER: B1500199 DESCRIPTION: CUSTODIAL SERVICES-DOWTOWN BLDGS MANDATORY PRE -BID CONFERENCE DATE: 12/07/15 @ 10:00 AM BID OPENING DATE: 12/21/15 @ 10:00 AM 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: CUSTODIAL SERVICES - DOWNTOWN BLDGS A mandatory pre -bid conference will be held at 10:00 a.m., on Monday, Dec 7, 2015, at the Weld County Centennial Center, 915 10th St, Greeley CO 80631. (Meet Toby Taylor by security on 1st floor.) Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley, CO 80631, until: Tuesday, Dec 22, 2015 10:00 am (Weld County Purchasing Time Clock). PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 1. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E - Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g o v . c o m . Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. BID REQUEST #B1500199 Page 2 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5- 101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #B1500199 Page 3 D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. BID REQUEST #B1500199 Page 4 L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. BID REQUEST #61500199 Page 5 Q. 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. R. 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. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or BID REQUEST #B1500199 Page 6 endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. BID REQUEST #61500199 Page 7 Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Endorsements required for "master key coverage" and "care -custody -control". Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #61500199 Page 8 SPECIFICATIONS: Weld County is seeking bids to perform custodial services for its Downtown buildings located in Greeley, CO. With the exception of the Crime Lab, the buildings are expected to be cleaned five days a week (Monday through Friday) after 6 PM per the requirements detailed in this bid. The Crime Lab will be cleaned on Monday, Wednesday and Friday of each week between 8 AM and 10 AM. The buildings are: Building Court House Centennial Plaza West West Annex — North West Annex — South Veteran's Services Marlboro Building 918 Crime Lab Location 901 9th Ave., Greeley 915 10th St., Greeley 910 10th Ave., Greeley 901 10th Ave., Greeley 903 10th Ave., Greeley 1008 9th St., Greeley 934 9th Ave., Greeley Approximate Cleanable Sci Ft ............................... 47,298 52,265 ...._............ 49,307 3,728 2,600 1,862.. 15,142 918 101h St., Greeley 9,750 4 2329 115th Ave., Greeley 19,996 BUILDING INFORMATION for Carpet and VCT BUILDING Carpet VCT Court House 30,100 840 Centennial 46,662 351 Plaza West 32,245 3,317 West Annex — North 3,528 0 West Annex — South 2,550 50 Veteran's Services 1,684 178 Marlboro Building 14,792 50 918 6,700 500 Crime Lab 7,913 0 BID REQUEST #61500199 Page 9 1. Regular Services. The following is the Task Schedule for Regular Services: A. General, Private Offices, Lobby and Lounges: Daily • Empty wastebaskets and replace liners as needed • Dust all furniture including desks, chairs and tables • Dust all exposed filing cabinets, bookcases and shelves • Dust all telephones • Clean and sanitize fountains • Spot clean desk tops • Spot clean reception lobby glass including front door and any other partition or door glass • Dust mop resilient and hard floors • Vacuum carpeted floors in traffic lanes only • Damp mop resilient/hard surface floors • Spot clean spills and stains on carpeted and resilient/hard surface floors • Remove bags of shredded paper Weekly • Clean and sanitize telephones • Low dust all horizontal surfaces below 36" including sills, ledges, moldings, shelves, picture frames, ducts, radiators, etc. • High dust all horizontal surfaces above 72" including shelves, moldings, ledges, etc. • Clean entire interior glass in partitions and doors • Dust venetian blinds • Remove dust and cobwebs from ceiling areas • Vacuum wall-to-wall • Stairwells — dust all horizontal surfaces, spot clean walls, sweep and mop stairs and landings • Wipe down chair mats Monthly • Machine scrub all resilient/hard surface floors • Machine scrub and burnish all VCT flooring Quarterly • Machine scrub and add finish (2 -coats, min. 18% solids) to all VCT floors B. Washrooms, Showers: Daily • Clean, sanitize and polish all vitreous fixtures including toilet bowls, urinals, hand basins • Clean all glass and mirrors • Empty all containers and disposals, insert liners as required, spot clean and sanitize • Empty and sanitize interior of sanitary container • Spot clean all walls, doors and partitions • Refill all dispensers to normal limits (Weld County is responsible for Air Fresheners) • Sweep, damp mop and sanitize hard floors BID REQUEST #61500199 Page 10 Weekly • Low dust all horizontal surfaces below 36" • High dust all horizontal surfaces above 72" • Flush floor drains Monthly • Machine scrub hard surface floors • Machine scrub and burnish VCT Quarterly • Machine scrub and add finish (2 -coats, min. 18% solids) to all VCT C. Eating Areas (Lunch room, cafeteria, dining room, kitchen, vending): Daily • Damp clean and sanitize table tops, seats and back of chairs • Clean, polish and refill napkin holders • Empty all containers and disposals — spot clean exterior • Refill all dispensers to normal limits • Clean and sanitize drinking fountain • Spot clean doors, frames, light switches, kick and push plates, handles, walls and glass • Dust mop resilient/hard surface floors • Damp mop resilient/hard surface floors • Vacuum entire carpeted areas • Spot clean spills and stains on carpeted and resilient/hard surface floors Weekly • Damp clean pedestals or legs • Low dust horizontal surfaces below 36" • High dust horizontal surfaces above 72" • Clean entire interior glass in partitions and doors Monthly • Machine scrub all resilient floors • Machine scrub and burnish all VCT flooring Quarterly • Machine scrub and add finish (2 -coats, min. 18% solids) to all VCT floors D. Building Entrances (Up to 10 feet outside of entry doors): Daily • Sweep sidewalk • Vacuum walk -off mats • Clean entry door glass • Empty outside trash (some of these are beyond 10 feet) BID REQUEST #81500199 Page 11 Weekly • Remove gum from sidewalks • Clean trash containers E. Elevators: Daily • SweepNacuum • Spot clean doors and walls • Clean spots and spills from carpet/floors Weekly • Wipe down entire doors and walls (stainless steel clean as needed) 2. General Operating Instructions. The following is a listing of General Operating Instructions: A. Notify building contact (Custodial Supervisor or Security) of any irregularities (e.g. defective plumbing, unlocked doors, lights left on, etc.). B. At the end of shift, turn off all lights except those to be left on, close windows and lock all doors, set alarm. C. Contact Security each time you enter and exit all buildings after-hours. D. You are NOT required to service Bio-Hazard trash containers. E. You will need to pay special attention to offices that are locked — if a door is closed/locked when you enter, then it must be closed/locked when you leave. F. Take out shredded paper trash bags to outside dumpster. G. Perform monthly building walk-through reviews with Weld County Custodial Supervisor. H. Notify Weld County Custodial Supervisor of dates the Monthly and Quarterly requirements are scheduled to be performed. I. The Contractor will ensure that only assigned personnel will be permitted on County premises and no other personnel including, but not limited to, salesmen, friends, relatives, or minors will be allowed on County premises without prior notice and approval from the County. J. Contractor shall provide a list of contractor supervisor(s) and personnel who will be working in which facility. K. The Contractor shall establish and implement adequate methods of ensuring that all keys/access cards entrusted to the Contractor by the County are not lost or misplaced and are not used by unauthorized persons. No keys issued to the Contractor shall be duplicated. The Contractor shall report the occurrence of a lost key immediately to the Custodial Supervisor. Superintendent. Costs associated with key replacement and any need to re -key locks will be the sole responsibility of the Contractor. L. The Contractor shall prohibit its employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephones or equipment provided for County use only. When the Contractor's employee is found in violation of the foregoing, the employee shall be escorted to the nearest exit, and the Contractor shall be notified that such employee shall not be allowed entrance to the facility in the future until reauthorized by the Director of Buildings and Grounds. M. Contractor guarantees that an employee or supervisor will be fluent in English and be able to effectively communicate with all members of their staff so that there is no breakdown in passing work related requests/information between custodians and the Weld County staff. Contractor will ensure that all employees working within County facilities can read and understand warning signs that are written in English N. Any intentional or unintentional damage caused by Contractor's employees to County property or theft of County property will be settled in accordance with the insurance carried by Contractor. BID REQUEST #61500199 Page 12 O. Employees of the contractor are not considered employees of the County. Therefore, the contractor shall provide workers' compensation insurance coverage for all persons employed to perform the work to be done under the contract and assure that all workers will receive the compensation for compensable injuries. A copy of the workers compensation policy is required to be submitted to the County as part of this proposal. P. Contractor shall be allowed job -related use (e.g. calling Security for check in/out procedures) of County telephones at no cost to the Contractor. Q. Contractor may store supplies, materials, and equipment in storage areas within the County building facilities as designated by the Custodial Supervisor. Contractor agrees to keep his portion of this storage area in accordance with applicable fire and safety regulations. 4. Undocumented Workers and Criminal Record Verification. The following is a listing of requirements for undocumented workers and criminal record verification: A. Contractor certifies that the Contractor shall comply with the provisions of section 8-17.5-101 et seq., C.R.S. The vendor/contractor shall not knowingly employ undocumented worker(s) to perform work under this contract, or enter into a contract with a subcontractor that fails to certify to the vendor/contractor that the subcontractor shall not knowingly employ or contract with an undocumented worker to perform work. If the vendor/contractor obtains actual knowledge work performing work under this contract knowingly employs or contracts with an undocumented worker, the vendor/contractor shall: a. Notify the subcontractor and the Buildings and Grounds Director within three days that the vendor/contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented worker; and b. Terminate the subcontract if within three days of receiving actual notice the subcontractor does not stop employing or contracting with the undocumented worker, except that the vendor/contractor shall not terminate the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented worker. c. The vendor/contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to C.R.S. § 8-17.5-102(5). B. Successful respondent/vendor will be required to complete criminal record checks on all employees who work on County property for this contract. Employees who have been convicted of a theft in the past 5 years or a violent or serious felony will not be permitted to work in County facilities. Provide results of all background checks to the Buildings and Grounds Director for review. Provide background check results for any additional personnel hired during the course of this contract to the Buildings and Grounds Director for review. C. If the vendor/contractor violates the provisions of this section, the County may terminate the contract for breach and the vendor/contractor shall be liable for actual and consequential damages. 5. Sub -contracting. No portion of this proposal may be subcontracted without the prior written approval by the County. 6. Contractor Supplied Items. The contractor will supply: A. All cleaning supplies and equipment B. Consumables (See Paragraph 7) C. Supervision of cleaning crews D. Uniforms for cleaning staff with company logo and badge E. Notify Weld custodial supervisor at least one week in advance of floor work/schedule F. Material Safety Data Sheets (MSDS) on all products used in buildings G. Vacuums with beater -bars BID REQUEST #61500199 Page 13 [ xhihri- 6 7. Consumable items. The contractor will supply all consumables used in the facilities. A listing of current consumables is identified in the following table. In order to obtain accurate cost for these items supply the following information: (1) List your package proposed quantity, (2) your cost to purchase, (3) Percentage of markup, and (4) Total price. Product Package size Toilet tissue Jumbo Jr. 2 ply Toilet tissue Universal 2 -ply Multi -Fold towels• EnMotion Roll towels Cormatic Roll towels Hand Soap — GoJo Foam — 2 mil Sanitary Napkins (4") Tampons Wax Paper liners 24X33 trash liners 30X37 trash liners 40X48 trash liners Urinal Screens Your Cost Markup % i Total Price A. Contractor will invoice the Consumable Items for each building separately from the Custodial Services each month. With this invoice, the Contractor MUST provide a copy of your supplier's monthly invoice showing your cost and quantity shipped to EACH building. B. Contractor is responsible for ordering, storing and receiving shipments C. Contractor is NOT responsible for maintaining Air Fresheners This bid is for a (1) year contract which can be renewed annually up to (3) three additional years at the County's discretion. Contract start date is February 1, 2016. A separate contract from the successful vendor is required. A sample contract is attached. PRICING: Provide total pricing for Custodial Services per month for all the buildings identified in bid (excluding the consumables). For consumables, provide the percentage of mark-up to cover your costs (e.g. moving, storing, receiving, and managing). Custodial Services TOTAL for all buildings (Per Month) $ q q q. q q Consumables Markup Percentage 3 % BID REQUEST #B1500199 Page 14 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #61500199. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM C +; O Scan 6 C.`fet1 BUSINESS 1�1 ADDRESS 6t..S t u q G v r. CITY, STATE, ZIP CODE f 0 O Co TELEPHONE NO „3 -go TAX ID # 16 (q ORO PRINTED NAME AND TITLE SIGNATURE E-MAIL l (0. San i .C reDATE 0 g - **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -13. BID REQUEST #81500199 Page 15 Below are the answers to questions that occurred during the pre -bid meeting for the Custodial Services bid (B 1500199) which was held on December 7, 2015 1. Provision R, page 6 of your Invitation for Bid states: "Non Exclusive Agreement: This Agreement is nonexclusive and the County may engage or use other contractors or persons to perform services of the same or similar nature." Does this mean the county can contract the services of more than one vendor? If so, what would be the selection process to award the bids? Will it be priority list (if so, could you explain the criteria to assign each vendor said priority position) or will the facilities be split- up among accepted bidders? Answer: Yes, we can (and do) contract with different vendors for custodial services. This clause is to cover those types of incidents. For example: we will have a separate floor care contractor in the same buildings as this routine cleaning bid/contract occurs. Other services will have independent bids published as the need would arise. 2. Could you please provide us with copies of the estimates and/or proposals the country received last time these services (both Human Services Buildings and Downtown Buildings) were bid? Answer: Attached is the bid tabulation from the last custodial services bid. Please note that the method for custodial supplies was to be included in their bid based on a base amount of supplies. The bid you are participating in does NOT use the same method. 3. Would you be able to release the proposal and bid/contract of the vendor that is currently providing the services for both facilities (Human Services Buildings and Downtown Buildings)? Answer: Attached is the bid tabulation from the last custodial services bid. 4. On page 14 of your Invitation for Bid it is stated that "contract start date is February 1, 2016". What will be the date for the contracts to be awarded or publicized? Answer: The bids are due to be received/opened on Tuesday, December 22, 2015. There is a two week review period before bid is approved. It is anticipated the bid will be awarded on January 6, 2016. The contract will be approved shortly after and start date for winning bidder will be February 1, 2016. 5. On page 14 of your Invitation for Bid it is stated that "A sample contract is attached." However, we are unable to see any attachment on the Rocky Mountain e -purchasing website, other than the actual Invitation for Bid and the recently added sign in list for the site visits. Would you be able to provide us with a said contract template or sample? Answer: The sample contract is now attached to the documents file on Rocky Mountain. 6. Please post the current vendor(s), monthly cost per facility for cleaning, the per unit cost for the consumables and the monthly usage under the subject bid numbers. Answer: Attached is the bid tabulation for the last custodial bid. Please note the specifications have changed from the last bid until this bid. 7. Please provide the current contract pricing for each building? Answer: Attached is the bid tabulation for the last custodial bid. Please note the specifications have changed from the last bid until this bid. 8. Has the scope of work changed from the current contract to the RFP scope of work? Answer: Yes. Please note the prior contract did not include the current scope of work. So your bid needs to include all that is published in this bid. 9. Who is the current vendor? Is there a subcontractor? Answer: Attached is the bid tabulation from the last custodial bid. 10. Is there a prevailing wage for Weld County or does Weld County go with the $8.00 minimum wage? Answer: There is no prevailing wage for Weld County. 11. What is the current monthly cost for consumables? Who is the current vendor for consumables? Answer: Please note that the prior contract had a different scope of work and approach for consumables. The bid you are participating in is an improvement to that approach. 12. I have a question on the Bid for the human services bldgs. In regards to the consumable items, it states in the bid information to provide a copy of your supplier's monthly invoice showing your cost. For clarification, is it something that I would purchase and just charge the markup %, or is the purchasing department be paying it after showing the invoice? Answer: During the bid process, bidder will identify the costs and quantities of products to supply to the buildings through their suppliers. NOTE: some vendors get better rates on products than others. The bidder will then identify the cost (in a percentage number) needed to account for ordering, stocking, and supplying those products to the facilities as needed. The cost for this service should be identified as a percentage of the custodial supplies. During the contract phase, the winning vendor will submit their monthly cleaning invoice to Weld County. This invoice statement will include 1) a line item for cleaning services, 2) a line item for custodial supplies, and 3) a line item for the percentage of custodial supply markup (accounts for the handling of supplies). The line item for custodial supplies should match the invoice of from your supplier. The invoice from that will attach to the winning vendors invoice statement for verification purposes. The winning vendor is responsible for paying its suppliers. The undersigned, by his or her signature, hereby acknowledges and represents that: The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1500199. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Eco Sanicrew BUSINESS ADDRESS 995 Sir Galahad Drive CITY, STATE, ZIP CODE Lafayette, co. 80026 TELEPHONE NO 720 329 8314 FAX TAX ID # 20141297870 PRINTED NAME AND TITLE RAYO B.RODRIGUEZ (OWNER) SIGNATURE ,Raga 5 Ra /cc9a E-MAIL eco.sani.crew(a�gmail.com DATE 12-21-2015 **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -13. BID REQUEST #B1500199 Page 15 7. Consumable items. The contractor will supply all consumables used in the facilities. A listing of current consumables is identified in the following table. In order to obtain accurate cost for these items supply the following information: (1) List your package proposed quantity, (2) your cost to purchase, (3) Percentage of markup, and (4) Total price. Product Package size Your Cost Markup % Total Price Toilet tissue Jumbo Jr. ..2-pll.yj----...-----......__---._.---. ___. _........._-_ Toilettissue Universal 2-plY.._.__..............._........—_............._.._......._.___.._....___._---_..........._._..__..___.._.....______.._.._._............._......_..._.__...._.___.__....._..._ Multi -Fold towels EnMotion Roll towels Cormatic Roll towels1 Hand Soap — GoJo Foam — 2mil Sanitary Napkins (4")___._ ___.... I Tampons__. _.____..._.....___..___._____ Wax Paper liners 24X33 trash liners• 30X37 trash liners 40X48 trash liners i Urinal Screens i i A. Contractor will invoice the Consumable Items for each building separately from the Custodial Services each month. With this invoice, the Contractor MUST provide a copy of your supplier's monthly invoice showing your cost and quantity shipped to EACH building. B. Contractor is responsible for ordering, storing and receiving shipments C. Contractor is NOT responsible for maintaining Air Fresheners This bid is for a (1) year contract which can be renewed annually up to (3) three additional years at the County's discretion. Contract start date is February 1, 2016. A separate contract from the successful vendor is required. A sample contract is attached. PRICING: Provide total pricing for Custodial Services per month for all the buildings identified in bid (excluding the consumables). For consumables, provide the percentage of mark-up to cover your costs (e.g. moving, storing, receiving, and managing). Custodial Services TOTAL for all buildings (Per Month) $ 7999.99 Consumables Markup Percentage 3% BID REQUEST #B1500199 Page 14 7. Consumable items. The contractor will supply all consumables used in the facilities. A listing of current consumables is identified in the following table. In order to obtain accurate cost for these items supply the following information: (1) List your package proposed quantity, (2) your cost to purchase, (3) Percentage of markup, and (4) Total price. Product Package size Toilet tissue Jumbo Jr. 2 -ply 12 rolls per case Toilet tissue Universal 2 -ply 40 rolls per case Multi -Fold towels :........................... ................. .................... EnMotion Roll towels :.............................._.._.......__._..................................................... Cormatic Roll towels 4,000 sheets per case 3,600 sheets per case 30 rolls/case Hand Soap — GoJo Foam — • 1 gallon 2 mil Sanitary Napkins (4") • 250/ case Tampons 500/case Wax Paper liners 24X33 trash liners 30X37 trash liners 500/case 40X48 trash liners 250/carton Urinal Screens . 12/case Total including markup Your Cost Markup 3% 39.00 I 1.17 I 40.17 37.00 ` 1.11 i 38.11 32.00 .96 32.96 39.00 I 1.17 40.17 Total Price 37.00 • 1.11 38.11 17.00 • .51 17.51 45.00 1.35 46.35 86.00 2.58 88.58 500/case 31.00 1000/case 39.00 .93 31.93 1.17 40.17 39.00 1.17 40.17 46.00 1.38 47.38 25.00 .75 25.75 527.36 A. Contractor will invoice the Consumable Items for each building separately from the Custodial Services each month. With this invoice, the Contractor MUST provide a copy of your supplier's monthly invoice showing your cost and quantity shipped to EACH building. B. Contractor is responsible for ordering, storing and receiving shipments C. Contractor is NOT responsible for maintaining Air Fresheners This bid is for a (1) year contract which can be renewed annually up to (3) three additional years at the County's discretion. Contract start date is February 1, 2016. A separate contract from the successful vendor is required. A sample contract is attached. PRICING:Provide total pricing for Custodial Services per month for all the buildings identified in bid (excluding the consumables). For consumables, provide the percentage of mark-up to cover your costs (e.g. moving, storing, receiving, and managing). #B1500199 i i i W Personal 5 will perform daily, weekly, monthly tasks of Downtown Bldgs President/Owner Rayo B.Rodriguez 4 Administrative Assistant/ Office Manager Olga Rojas -Rodriguez Personal 1 4 Supervisor Personal 2 will perform some Daily, weekly, Monthly tasks and supervise night crew <- Personal 4 will perform daily, weekly, monthly tasks of Downtown Bldgs R Personal 3 will perform daily, weekly, monthly tasks of Downtown Bldgs ACORO® CERTIFICATE OF LIABILITY INSURANCE ihr--- DATE(MMfDD/YYYTI 02/04/2015 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. 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). PRODUCER Northeast Agend s Inc. 121 Interpark Blvd Ste 401 San Antonio TX 78216 CONTACT NAME: PHONE I FAX LAIC No, Ext): t (A/C, No): E-MAIL ADDRESS:. INSURERS) AFFORDING COVERAGE NAIC R INSURER A: Hartford Insurance INSURED Rayo Rodriguez DBA Eco Sani Crew 995 Sir Galahad Drive Lafayette, CO 80026 _ - INSURER B : INSURER C: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR LTR TYPE OFINSURANCE ADDL SUBR INSR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDO/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERA_ L 01 SBMAZ21615 04/24/2015 04/24/2016 EACH OCCURRENCE $ 1000000 DAMAGE ORENTED PREMISES (Ea occurrence) S 1000000 _LIABILITY 1 CLAIMS -MADE [ ] OCCUR MED EXP (AnLone person) $ 10000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPUES PER: POLICY [ JF T I r 1 LOC PRODUCTS - COMP/OP AGG $ 2000000 $ AUTOMOBILE — _ __._ LIABILITY ANY AUTO ALL OWNED AUTOS — SCHEDULED .... AUTOS NON-OWNED AUTOS ED COMBINED SINGLE LIMIT jEa accidentL_ $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) _. $ $ UMBRELLA LIAR EXCESS LAB OCCUR CLAIMS -MADE , EACH OCCURRENCE $ AGGREGATE $ DED I RETENTION 5 $ A WORKERS COMPENSATION AND EMPLOYERS LABILITY YIN AMY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 01 WEC8825QC 02/03/2016 02/03/2017 VVC STATU- I OTH- TORY LIMITS l.. I FR E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E L DISEASE - POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION Weld County Building and Grounds Po Box 758 Greeley, CO 80632 Attn Toby Taylor ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTAT )(e//-' 1©1988-2610 CORD The ACORD name and logo are registered marks of A RD ORATION. All rights reserved. Certificate Holder MARY LOU AGENCY INC 607 3RD AVE LONGMONT, CO 80501 1-720-494-4520 Certificate of Insurance PROGRESS/UE COMMERC/AL Policy number: 03032382-1 Underwritten by: ARTISAN AND TRUCKERS CASUALTY CO February 8, 2016 Page 1 of 1 Insured Agent WELD COUNTY DEPT OF BLDGS & GRND PO BOX 758 GREELEY, CO 80632 RAYO RODRIGUEZ ECO SANI CREW 995 SIR GALAHAD DR LAFAYETTE, CO 80026 MARY LOU AGENCY INC 607 3RD AVE LONGMONT, CO 80501 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Apr 24, 2015 Insurance coverage(s) Policy Expiration Date: Apr 24, 2016 Limits BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT UNINSURED/UNDERINSURED MOTORIST Description of LocationNehicles/Special Items Scheduled autos only $1,000,000 COMBINED SINGLE LIMIT 2003 CHEVROLET EXPRESS G3500 1GCHG39U531118887 COMPREHENSIVE $500 DED COLLISION $500 DED Certificate number 03916NET382 Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation. Form 5241(10/02) DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 January 14, 2016 To: Board of County Commissioners From: Toby Taylor Subject: Custodial Services —Downtown; Bid #B1500199 As advertised, this bid is to perform custodial services for the Downtown buildings and the Crime Lab. The low bid received was from Eco Sanicrew and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to Eco Sanicrew for $7,999.99 per month and 3% markup on consumables. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director r-r-it7h DATE OF BID: DECEMBER 22, 2015 REQUEST FOR: CUSTODIAL SERVICES -DOWNTOWN BLDGS DEPARTMENT: BUILDING & GROUNDS DEPT BID NO: #B1500199 PRESENT DATE: DECEMBER 23, 2015 APPROVAL DATE: Cola- t )/zotzoilo VENDOR MAITENANCE RESOURCES INC 939 TELLURIDE ST AURORA CO 80011 ECO SANICREW 995 SIR GALAHAD DR LAFAYETTE CO 80026 ABM JANITORIAL SERVICES SOUTH CENTRAL INC 9800 E GEDDES AVE SUITE A150 CENTENNIAL CO 80112 OBANDS JANITORIAL CO 2861 S SALIDA CT AURORA CO 80013 WHAYNE & SONS ENTERPRISES INC Dba WHAYNE ENTERPISES 10515 E 40TH AVE SUITE 103 DENVER CO 80239 AMERICAN FACILITY SERVICES GROUP 1075 SOUTH YUKON ST SUITE 300 LAKEWOOD CO 80226 FACILITY SERVICE GROUP LLC 8985 S EASTERN AVE SUITE 210 LAS VEGAS NV 89123 A.R.C. INCORPORATED 1821 E MULBERRY FT COLLINS CO 80524 COLORADO RESIDENTIAL COMMERCIAL RESORT & FACILITIES SERVICES INC 1218 WEST ASH ST SUITE K WINDSOR CO 80550 SUPREME PRO CLEAN LLC 11852 E 16TH AVE AURORA CO 80010 WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: mwalters(c�co.weld.co.us E-mail: reverett(a.co.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 MONTHLY TOTAL CONSUMABLES MARKUP % $5,121.63 15% $7,999.99 3% $11,486.00 5% $12,910.00 3% $11,941.76 10% $13,609.01 $14,022.70 $14,593.92 $20,162.65 $23,656.72 10% 15% 0.0% 10% 3% **TOBY IS REVIEWING THE BIDS AT THIS TIME /; &2015-44a:7 Hello