The URL can be used to link to this page

Browse Search

Home My WebLink About20160400 WELD COUNTY AGREEMENT FOR SERVICES BETWEEN WELD COUNTY&A.R.C. Inc. CARPET MAINTENANCE SERVICES DOWNTOWN THIS AGREEMENT is made and entered into this ?) day of Fcben,4,41 , 2016, by and between the County of Weld, a body corporate and politic of the State 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 A.R.C. Inc., a corporation, who whose address is 1821 East Mulberry,Fort Collins, CO 80524,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: I. 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 1600024". 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 crd tvvvsszvJ �� Dl - Au- / a 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 $4,385.22 per month,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 fmancial 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. Third Party Fidelity Coverage or Crime Insurance. Coverage shall include employee dishonesty including Endorsement Client's Property (CR 0401 or equivalent). If a Crime Insurance Policy is not used, Third Party Fidelity Coverage shall be provided for in limits as stated below: a. The coverage shall be issued with limits of 50% of the contract value or$100,000— whichever amount is greater. b. The coverage shall include coverage for all directors, officers, agents and employees of the Contractor. c. The coverage shall not exclude coverage for theft and mysterious disappearance. d. The coverage shall not contain a condition requiring an arrest and conviction. 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. I 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: A.R.C. Inc. Attn.: President, Address: 1821 E. Mulberry, Fort Collins, CO 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: 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. Tf 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. Tf 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 Ad- day of Gtoek„,c1.42.1 , 2010. CONTRACTOR: A -2-C_,1MCvePo2W-'1c=O B Date 2 Nam - -,,►-, c✓a Rani t rG Title: WELD CO ATTEST: CI a: BOARD OF COUNTY COMMISSIONERS Weld C. ty Clerk to the Bard WELD COUNTY, COLORADO BY: Deputy CIe to the B.: ��ti.� ike Freeman, Chair APR 0 6 2016 APPROVED AS TO FUN g �.�� " 1�: PROVED AS TO SUBSTANCE: 1(90 - 17/ Controller lected official or Department Head APPR ED AS FORM- 11.,0'� (- .-2 ` Director of General Services County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EXHIBIT REQUEST FOR BID gl WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631w, DATE: JANUARY 4, 2016 COL N T Y BID NUMBER: #61600024 DESCRIPTION: CARPET MAINTENANCE/DOWNTOWN DEPARTMENT: BUILDINGS & GROUNDS DEPT MANDATORY PRE-BID CONFERENCE DATE: 1/11/16 @ 3:30 PM BID OPENING DATE: 1/25/16 @ 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: CARPET MAINTENANCE/DOWNTOWN. A mandatory pre-bid conference will be held at 3:30 p.m., on Janaury 11th, 2016,at the Weld County Centennial Center located at: 915 10th Street, Greeley, CO 80631, (meet in the main lobby by the security screening).Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids. Please call purchasing if you have any questions on the location. (970-356-4000 x4222 or x4223) 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.(January 25,2016(A10:00 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. 2. 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 B1600024 1 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 B1600024 2 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. 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 B1600024 3 provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 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. B1600024 4 No_ air 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. 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. 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 B1600024 5 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 i 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 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 B1600024 6 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. 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 Note: The policy must be endorsed for the following: 1) To include coverage for property in the care, custody and control of the contractor. 2) Master key coverage. 81600024 7 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. Third Party Fidelity Coverage or Crime Insurance. Coverage shall include employee dishonesty including Endorsement Client's Property (CR 0401 or equivalent). If a Crime Insurance Policy is not used, Third Party Fidelity Coverage shall be provided for in limits as stated below: a. The coverage shall be issued with limits of 50% of the contract value or$100,000-whichever amount is greater. b. The coverage shall include coverage for all directors, officers, agents and employees of the Contractor. c. The coverage shall not exclude coverage for theft and mysterious disappearance. d. The coverage shall not contain a condition requiring an arrest and conviction. 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. B1600024 8 SPECIFICATIONS AND PROPOSED PRICING: A mandatory pre-bid conference will be held on January 11, 2016 at 3:30 PM, at the Centennial Center located at 915 10th Street, Greeley, CO. (meet in the main lobby by the security screening) Bids will be received up to, but not later than January 25, 2016 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). Weld County is seeking bids to perform carpet maintenance services for its buildings located in the WELD COUNTY DOWNTOWN BUILDINGS. The carpets in the Downtown Buildings are expected to be cleaned monthly per the requirements detailed in this bid. The buildings are: BUILDING INFORMATION FOR CARPET BUILDING ADDRESS SQUARE FEET Court House 901 9th Ave., Greeley 30,100 Centennial 915 10th St., Greeley 46,662 Plaza West 910 10th Ave., Greeley 32,245 West Annex— North 901 10th Ave., Greeley 3,528 West Annex—South 903 10th Ave., Greeley 2,550 Veteran's Services 1008 9th St., Greeley _ 1,684 Marlboro Building 934 9th Ave., Greeley 14,792 918 918 10th St., Greeley 6,700 Crime Lab 2329 115th Ave., Greeley 7,913 1. Tasks to be performed: A. Monthly Maintenance Carpet Cleaning a. Vacuum and maintenance-clean all traffic lanes with an approved carpet maintenance system such as encapsulation or extraction or both b. Remove all spots and stains B. Quarterly Maintenance Carpet Cleaning a. Move floor mats, chair mats, trash cans and any other items that can be easily moved out of the way b. Vacuum entire carpeted area wall-to-wall including under desks c. Perform a wall-to-wall wet carpet extraction cleaning using CRI (Carpet and Rug Institute) "Gold-Seal" or better rated equipment and process (see www.carp_et-rug_org) d. Remove all spots and stains 2. Special Needs Services/Areas: A. The Crime Lab at 2329 115th Ave., Greeley: • This area is cleaned only when staff is present. • You will need to schedule cleaning with Ron Arndt, Lab Director. 1 B1600024 9 3. 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. 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 D. Notify Weld County Custodial Supervisor of dates the Monthly and Quarterly requirements are scheduled to be performed. E. 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. F. Contractor shall provide a list of contractor supervisor(s) and personnel who will be working in which facility. G. 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. H. 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. I. 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 J. 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. K. 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. L. 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. M. 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: B1600024 10 dimmummord 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. Supervision of cleaning crews C. Uniforms for cleaning staff with company logo and badge D. Notify Weld custodial supervisor at least one week in advance of carpet work/schedule E. Safety Data Sheets (SDS) on all products used in buildings This bid is for a (1) year contract which can be renewed annually up to (3) three additional years at the County's discretion. Pricing Provide total pricing for Carpet Maintenance Services per month for all the buildings identified in bid. Carpet Maintenance Services TOTAL for all buildings (Per Month) $ B1600024 11 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. #B1600024. 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 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. 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. 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 - 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Director of General Services B1600024 12 Below are the answers to questions that occurred regarding the Carpet Maintenance for the Downtown buildings bid (B 1600024): 1. Regarding the bid specifications, where you state "The carpets in the Downtown Buildings are expected to be cleaned monthly per the requirements detailed in this bid.": Could you please clarify if you expect all the tasks in all buildings to be done at the same time/date monthly or quarterly or can they be spread out in the duration of the month/quarter? Answer: They can be spread out. It is anticipated a schedule will be developed by the winning bidder and provided to the County. 2. During the mandatory bid meeting and walk through, we were shown several buildings that are currently empty. We were also told these empty areas should be cleaned once at the beginning of the contract and incorporate them in the schedule only if they become occupied. In the price for this bid, would you like us to estimate the price for these areas as servicing the carpets only once at the beginning of the contract,to estimate the price as if they were occupied and included on the regular maintenance schedule or both? Answer: They can be spread out. It is anticipated a schedule will be developed by the winning bidder and provided to the County. 3. Is there any stipulation regarding the hours where the work can be done or not? Can the carpet maintenance also be done after hours/evenings and weekends? Answer: They can be spread out. It is anticipated a schedule will be developed by the winning bidder and provided to the County. 4. Is this an "all or none" type of bid? Answer: Yes. 5. Could you please provide us with copies of the estimates and/or proposals the county received last time these services were bid? Answer: This service was part of the previous routine custodial main contract. This is the first time it has been bid separate. 6. Would you be able to release the proposal and bid/contract of the vendor that is currently providing the carpet maintenance services? Answer: This service was part of the previous routine custodial main contract. This is the first time it has been bid separate. SPECIFICATIONS AND PROPOSED PRICING: A mandatory pre-bid conference will be held on January 11, 2016 at 3:30 PM, at the Centennial Center located at 915 10th Street, Greeley, CO. (meet in the main lobby by the security screening) Bids will be received up to, but not later than January 25, 2016 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). Weld County is seeking bids to perform carpet maintenance services for its buildings located in the WELD COUNTY DOWNTOWN BUILDINGS. The carpets in the Downtown Buildings are expected to be cleaned monthly per the requirements detailed in this bid. The buildings are: EXHIBIT a BUILDING INFORMATION FOR CARPET BUILDING ADDRESS SQUARE FEET Court House 901 9th Ave., Greeley 30,100 Centennial 915 10th St., Greeley 46,662 Plaza West 910 10th Ave., Greeley 32,245 West Annex — North 901 10th Ave., Greeley 3,528 West Annex— South 903 10th Ave., Greeley 2,550 Veteran's Services 1008 9th St., Greeley 1,684 Marlboro Building 934 9th Ave., Greeley 14,792 918 918 10th St., Greeley 6,700 Crime Lab 2329 115th Ave., Greeley 7,913 1. Tasks to be performed: A. Monthly Maintenance Carpet Cleaning a. Vacuum and maintenance-clean all traffic lanes with an approved carpet maintenance system such as encapsulation or extraction or both b. Remove all spots and stains B. Quarterly Maintenance Carpet Cleaning a. Move floor mats, chair mats, trash cans and any other items that can be easily moved out of the way b. Vacuum entire carpeted area wall-to-wall including under desks c. Perform a wall-to-wall wet carpet extraction cleaning using CRI (Carpet and Rug Institute) "Gold-Seal" or better rated equipment and process (see www.carpet-rug.orq) d. Remove all spots and stains 2. Special Needs Services/Areas: A. The Crime Lab at 2329 115th Ave., Greeley: • This area is cleaned only when staff is present. • You will need to schedule cleaning with Ron Arndt, Lab Director. 3. 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. 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 D. Notify Weld County Custodial Supervisor of dates the Monthly and Quarterly requirements are scheduled to be performed. E. 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. F. Contractor shall provide a list of contractor supervisor(s) and personnel who will be working in which facility. G. 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. H. 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. I. 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 J. 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. K. 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. L. 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. M. 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. Supervision of cleaning crews C. Uniforms for cleaning staff with company logo and badge D. Notify Weld custodial supervisor at least one week in advance of carpet work/schedule E. Safety Data Sheets (SDS) on all products used in buildings This bid is for a (1) year contract which can be renewed annually up to (3) three additional years at the County's discretion. Pricing Provide total pricing for Carpet Maintenance Services per month for all the buildings identified in bid. Carpet Maintenance Services TOTAL for all buildings (Per Month) $ $4385.22 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. #B1600024. 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 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. 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. FIRM A.R.C., Incorporated BUSINESS ADDRESS 1821 E. Mulberry CITY, STATE, ZIP CODE Ft. Collins, CO. 80524 TELEPHONE NO 970-226-3629 FAX 970-416-8501 TAX ID # 26-1531080 PRINTED NAME AND TITLE Jeremy Lowdermilk President SIGNATURE _Jeremy Lowdermilk E-MAIL Jeremy.lowdermilkCa�gmail.corn DATE January 21, 2016 **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 -8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Director of General Services ARCINCO-01 JMASLYK ACORL CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 2/29/2016 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 CONTACT NAME: PFS Insurance Group PHONE 970 635-9400 FAX --- -- -.-----_ 4848 Thompson Parkway Suite 200 (AIC,No,Eat):t ) (wqNo):(970)635-9401 Johnstown,CO 80534 ADDRESS:info@mypfsinsurance.com INSURER(S)AFFORDING COVERAGE _ NAIC# INSURER A:Acuity Insurance Co. —114184 INSURED INSURERS:Pinnacoi Assurance Co 141190 A.R.C.,Incorporated INSURERC: 1821 East Mulberry Street INSURERD: Fort Collins,CO 80524 INSURERS: 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 ADDLSUBR POLICYEFF POLICYEXP LTR TYPE OF INSURANCE INSD WVD.,_ POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X X61854 02/01/2016 02/01/2017 PAMAGE TO RENTED REMSEs Ea occurrence) $ 250,000 MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 3,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 __(Ea accident) A X ANY AUTO X61854 02/01/2016 02/01/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X N -OWNED PROPERTY DAMAGE AUTOS (Per accident- UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN i X 4120133 02/01/2016 02/01/2017 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? 'N/A — - --- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ 500,000It yes, DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space is required( If required by written contract,the Certificate Holder is included as Additional Insured for ongoing and completed operations under General Liability. If required by written contract a Waiver of Subrogation in favor of the Certificate Holder applies to the General Liability and Workers'Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Department of Buildings and Grounds THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 758 Greeley,CO 80632 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD N4N4, Aire 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 February 3, 2016 To : Board of County Commissioners From : Toby Taylor Subject : Carpet Maintenance Services —Downtown ; Bid # B1600024 As advertised , this bid is to perform carpet maintenance services for the Downtown buildings and the Crime Lab . The low bid received was from A . R . C . Incorporated and meets specifications . Therefore, Buildings & Grounds is recommending the bid be awarded to A . R . C . Incorporated for $4, 385 . 22 per month . If you have any questions, please contact me at extension 2023 . Sincerely, Toby Taylor Director \c) ea plakot 1 � ' WELD COUNTY PURCHASING ``° 1�Ef 1150 O Street Room #107, Greeley CO 80631 E-mail: mwaltersco.weld.co.us E-mail: reverettco.weld.co.us tii �fiJ Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: JANUARY 25, 2016 REQUEST FOR: CARPET MAINTENANCE SERVICES - DOWNTOWN DEPARTMENT: BUILDING & GROUNDS DEPT BID NO: #B1600024 PRESENT DATE: January 27th, 2016 APPROVAL DATE: February 10t", 2016 - (1 year contract, renewal up to (3) additional years at County discretion. VENDOR TOTAL PER MONTH (for all buildings) A.R.C. INCORPORATED $4,385.22 1821 E. Mulberry Ft. Collins, CO 80524 PORTER INDUSTRIES $4,750.00 129 S. Madison Avenue, Unit 2 Loveland CO 80537 BRAVO CARPET CLEANING & CARE $5,370.00 1908 Homestead Rd Greeley CO OBANDS'S JANITORIAL CO $5,695.00 2861 S. Salida Ct Aurora CO 80013 GAM ENTERPRISES INC $6,549.95 PO Box 9635 Denver CO 80209 GRAHAM BROTHERS LLC $9,306.42 6296 West 3rd St. Greeley CO 80634 CRCFS, INC $9,736.24 1218 West Ash Street, Ste. K Windsor CO 80550 2016-0400 Page 2 REQUEST FOR: CARPET MAINTENANCE SERVICES - DOWNTOWN DEPARTMENT: BUILDING & GROUNDS DEPT BID NO: #B1600024 PRESENT DATE: January 27th, 2016 APPROVAL DATE: February 10th, 2016 - (1 year contract, renewal up to (3) additional years at County discretion. BUILDING INFORMATION FOR CARPET BUILDING ADDRESS Court House 901 9th Ave., Greeley Centennial 915 10th St., Greeley Plaza West 910 10th Ave., Greeley West Annex — North 901 10th Ave., Greeley West Annex — South 903 10th Ave., Greeley Veteran's Services 1008 9th St., Greeley Marlboro Building 934 9th Ave., Greeley 918 918 10th St., Greeley Crime Lab 2329 115th Ave., Greeley Toby Taylor is reviewing bids at this time. Hello