Loading...
HomeMy WebLinkAboutRFP-20-05 Fully Executed Group 2 Service Agreement.SUN RFP-20-05 JANITORIAL SERVICES AGREEMENT – GROUP 2 1 RFP-20-05 JANITORIAL SERVICES AGREEMENT GROUP 2 THIS AGREEMENT made this 14th day of April 2020, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and Sunshine Janitorial Specialists, Inc. dba Sunshine Building Maintenance, Inc., 7717 West 6th Avenue, Unit C, Lakewood, CO 80214, hereinafter referred to as the “Contractor”. WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: ARTICLE 1 – SERVICES The Contractor shall serve as the City’s Janitorial Services Contractor to provide at a minimum all of the performance based janitorial services required per RFP-20-05 CITY-WIDE JANITORIAL SERVICES for the following GROUP 2 municipal locations. Services are more fully described in the Request for Proposal, three addenda, statement of work and the Contractor’s response to the RFP, incorporated herein by reference. Each facility has a designated door through which each member of the cleaning crew must enter and swipe their card, and through which each member must exit the facility and swipe their card at the end of their shift. Active Adult Center 6363 W. 35th Ave. Common areas, kitchen, restrooms, offices, Prospect Hall, Arts & Crafts room, Ketner room, Aspen room and computer lab Richards-Hart Estate 5349 W. 27th Ave. As needed, based on facility rentals ARTICLE 2 – TERM The work to be performed under this agreement shall commence after receipt of a fully executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City. THE TERM FOR THIS AGREEMENT BEGINS MAY 1, 2020 AND RUNS THROUGH APRIL 30, 2021, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS, AT THE SOLE DISCRETION OF THE CITY. At the end of each year, if the City deems the Contractor’s performance is acceptable and the pricing remains the same, the agreement may continue with automatic renewals. The agreement may be automatically renewed if: • The City fails to contact your firm prior to the end of the current term regarding the desire to renew. • All pricing remains the same. • The scope of work or specifications are not changed or modified. If at the end of each year the City desires to rebid, the City and Contractor may elect to continue the agreement on a month-to-month basis until the rebid process is complete. RFP-20-05 JANITORIAL SERVICES AGREEMENT – GROUP 2 2 ARTICLE 3 – PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Contractor for services provided at the unit prices proposed by Sunshine Building Maintenance, based on the authorized cleaning schedule for each facility. The annual fees based on 12 months of services are as follows. However, due to the current COVID-19 closure of these buildings (to the public), the actual start date for performance of the contract must be authorized in advance by Susan Anderson. sanderson@ci.wheatridge.co.us Annual fee, floors included (Billed monthly/location) Active Adult Center 6363 W. 35th Ave. Daily cleaning – 51 weeks/year @ $551.95/week $28,249.45 Machine scrub restroom floors – once/month @ $115.20/time $1,382.40 Richards-Hart Estate 5349 W. 27th Ave. As booked +/- 20 times/year @ $150 per event $3,000.00 As stated above, and as offered in response to the RFP, the annual total for services, if needed and performed as described, is $32,531.85. The City hereby agrees to pay the Contractor the amounts required for additional work as deemed necessary, at the unit prices set forth in the Contractor’s proposal, with a total contract amount not to exceed the annual approved budget, in accordance to the provisions and subject to the conditions as set forth in this agreement and the documents referred to above. Pricing shall remain firm for the first two (2) years. Subject to acceptance and negotiation, price adjustments may be allowed in subsequent renewal periods. A. Invoices by Task Invoices will be submitted by the Contractor monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The processing of payment will be expedited by the Treasurer's Office through proper accounting procedures. Payment will be made to the Contractor within thirty (30) days of the receipt of the approved invoices for services rendered. B. Funding There is in effect within the City of Wheat Ridge, Colorado, a provision of the City's Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The Consultant is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4 – INDEPENDENT CONTRACTOR In performing the work under this Agreement, the Contractor acts as an independent Contractor and is solely responsible for necessary and adequate worker’s compensation insurance, person injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent Contractor, is obligated to pay federal and state income tax on monies earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the City because of the performance of any work by this agreement. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or RFP-20-05 JANITORIAL SERVICES AGREEMENT – GROUP 2 3 person, other than bona fide employees working solely for the Contractor, any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 5 – INSURANCE In accordance with Article 4 above, the Contractor shall furnish a certificate of insurance upon notification of award and prior to performance. Work shall not commence under this Agreement until the Contractor has submitted to the City and received approval thereof, a certificate of Insurance showing compliance with the following minimum types and coverage of insurance. INSURANCE MINIMUM LIMIT Worker’s Compensation, Coverage A Statutory, including occupational disease coverage for all employees at work site. Employer Liability, Coverage B $500,000 per person $500,000 per accident $500,000 each disease Commercial General Liability (including Premises-Operations; Independent Contractor’s Protective; Broad Form Property Damage and Contractual Liability): Bodily Injury $1 million per occurrence $2 million aggregate Property Damage $1 million per occurrence $2 million aggregate Comprehensive Automotive Liability (Owned, hired and non-owned vehicles) Bodily Injury $2 million per occurrence Property Damage $2 million per occurrence The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall include provisions preventing cancellation without 30 days prior notice by certified mail to the City. Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as amended. ARTICLE 6 – INDEMNIFICATION The Contractor agrees to indemnify and to hold the City and its agents harmless for, from and against any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Contractor to provide services pursuant to the terms of this Agreement. RFP-20-05 JANITORIAL SERVICES AGREEMENT – GROUP 2 4 ARTICLE 7 – CHANGE ORDERS OR EXTENSIONS The City may, from time to time, require changes in the scope of services of the Contractor to be performed herein. Such changes, including any increase or decrease in the amount of the Contractor’s compensation, must be mutually agreed upon in writing by the City and the Contractor. The Contractor shall be compensated for all authorized changes in services, pursuant to the Request for Bids, or if no provision exists, pursuant to the terms of the Change Order. ARTICLE 8 – EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each sub-consultant, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 9 – CHARTER, LAWS AND ORDINANCES The Contractor at all times during the performance of this Agreement, agrees to strictly adhere to all applicable Federal, State and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this Agreement. ARTICLE 10 – LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 11 – TERMINATION The Contractor acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions including but not limited to re-procurement costs, insufficient or improper work. The City and the Contractor agree that this Agreement may be canceled for cause, by either party with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination shall be deducted from the contract price before payment is made. The City may terminate the Agreement for its convenience upon thirty (30) days written notice. In the event of such termination, the consultant will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Contractor prior to the date of such termination, shall be recorded and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for services rendered. RFP-20-05 JANITORIAL SERVICES AGREEMENT – GROUP 2 5 ARTICLE 12 – NOTICES City Contact: Sunshine Contact: Susan Anderson Eric Franklin Parks & Recreation, and Facilities Manager VP & COO 7500 W. 29th Ave. 7717 West 6th Avenue, Unit C Wheat Ridge, CO 80033 Lakewood, CO 80214 sanderson@ci.wheatridge.co.us efranklin@sunshinebuildingmaint.com Phone: 303-231-1313 Phone: 303.233.5077 ARTICLE 13 – ASSIGNMENT AND SUB-CONCONTRACTORS The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The sub-contractors permitted by the City shall be subject to the requirements of this Agreement, and the Contractor is responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement. The Contractor shall be responsible for the performance of any sub-contractor. ARTICLE 14 – SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 15 – INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Contractor. ARTICLE 16 – PROHIBITION ON EMPLOYING OR CONTRACTING WITH ILLEGAL ALIENS A. The Contractor hereby certifies that at the time of executing this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that it will participate in either the E-Verify Program or Department Program as those terms are defined in C.R.S. §§ 8-17.5-101(3.7) and (3.3), respectively, (the “Programs”) in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. B. The Contractor shall not knowingly employ or contract with an illegal alien to perform the work under this Agreement or enter into a contract with a sub-contractor that fails to certify to the Contractor that the sub-contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. The Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the Agreement through participation in either the E-Verify Program or the Department Program. D. The Contractor is prohibited from using the programs procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. E. If the Contractor obtains actual knowledge that a sub-contractor performing the work under this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (a) notify the sub- RFP-20-05 JANITORIAL SERVICES AGREEMENT – GROUP 2 6 contractor and the City within three (3) days that the Contractor has actual knowledge that the sub-contractor is knowingly employing or contracting with an illegal alien; and (b) terminate the subcontract with the sub-contractor if within three (3) days of receiving the notice, required pursuant to C.R.S. § 8-17.5-102(2)(III)(A), the sub-contractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the sub-contractor if during such three (3) days the sub-contractor provides information to establish that the sub-contractor has not knowingly employed or contracted with an illegal alien. F. The Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5). RFP-20-05 JANITORIAL SERVICES AGREEMENT – GROUP 2 7 ARTICLE 17 – AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE STEVE KIRKPATRICK, CITY CLERK WHEAT RIDGE, CO 80033 303-234-5900 DATE BUD STARKER, MAYOR (Seal) CONTRACTOR APPROVED AS TO FORM: Sunshine Janitorial Specialists Inc. dba Sunshine Building Maintenance, Inc. 7717 West 6th Avenue, Unit C Lakewood, CO 80214 303.233.5077 GERALD DAHL, CITY ATTORNEY AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: PRINTED NAME NAME TITLE TITLE DATE DATE References: RFP-20-05 ATTACHMENT B – Sunshine Building Maintenance GROUP 2 Fee Schedule RFP-20-05 Statement of Work Eric Franklin Executive Vice President 4/15/20 Kris Franklin President 4/15/20 April 22, 2020