HomeMy WebLinkAboutItem 06.dLakeville
Date April 7, 2014
Item No.
APPROVE JANITORIAL SERVICES AGREEMENT WITH FBG SERVICE CORPORATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve janitorial services
agreement with FBG Service Corporation
Approval of the Agreement will result in a contract forjanitorial services with FBG Service
Corporation.
Overview
Bids for janitorial services at 8 City facilities. Seven contractors requested copies of the
specifications. FBG Service Corporation submitted the lowest responsible bid ($88,805).
Primary Issues to Consider (see attached)
➢ Analysis of bids
➢ Financial analysis
Supporting Information (on file in Finance Department Office)
• Request for Bids
• Bids
• Exhibit A -Specifications
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Den s , Financt
Financial Impact: $88,805 budgeted: Yes Source: Various Funds
Related Documents (CIP, ERP, etc.):
Notes:
Primary Issues to Consider
➢ Analysis of bids
The base bid enabled the City, at its discretion to award contracts to any bidder(s) for
each of the respective facilities. A summary of the base bids is as follows:
Base Bid
CMF
City Hall
Fire Station 1
Fire Station 2
Fire Station 3
Fire Station 4
Police Station
Water Treatment
➢ Financial analysis
$ 88,805 $ 115,959 $ 128,741
The FBG alternate bid is substantially below all other bids submitted. The bid is also
below budget for all locations. It should be noted that the contract does not include
annual carpet cleaning, exterior window or certain other cleaning functions which will
be addressed by other contracts. A comparison of the facility cleaning budget,
including items not included in the janitorial contract, is as follows compared to the
janitorial contract.
Central Maintenance Facility
City Hall
Fire Station 1
Fire Station 2
Fire Station 3
Fire Station 4
Police Station
Water Treatment Facility
FBG
Budget
v o
19,161
15,898
d
�
3,527
2,079
a
1,965
3,206
1,965
6,105
15,898
16,166
23,262
26,813
32,348
31,883
2,079
2,846
3,568
1,965
2,846
3,568
1,965
2,846
3,568
5,974
4,770
7,813
23,611
39,785
36,128
10,500
14,352
18,951
$ 88,805 $ 115,959 $ 128,741
The FBG alternate bid is substantially below all other bids submitted. The bid is also
below budget for all locations. It should be noted that the contract does not include
annual carpet cleaning, exterior window or certain other cleaning functions which will
be addressed by other contracts. A comparison of the facility cleaning budget,
including items not included in the janitorial contract, is as follows compared to the
janitorial contract.
Central Maintenance Facility
City Hall
Fire Station 1
Fire Station 2
Fire Station 3
Fire Station 4
Police Station
Water Treatment Facility
Total 110,834 88,805
FBG
Budget
Contract
19,161
15,898
29,778
26,813
3,527
2,079
3,206
1,965
3,206
1,965
6,105
5,974
31,460
23,611
14,391
10,500
Total 110,834 88,805
CONTRACT FOR SERVICES
AGREEMENT made this 7` day of April 2014, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ( "City "), and FBG SERVICE
CORPORATION ( "Contractor ").
IN CONSIDERATION OF THE MUTUAL COVENANTS THE PARTIES AGREE AS
FOLLOWS:
1. CONTRACT AND CONTRACT DOCUMENTS. This contract is for janitorial
services to be provided at the following City of Lakeville facilities:
A. Central Maintenance Facility
B. City Hall
C. Fire Station 41
D. Fire Station #2
E. Fire Station #3
F. Fire Station #4
G. Police Station
H. Water Treatment Facility
The following documents, attached hereto, shall be referred to as the "Contract Document ", all
of which shall be taken together as a whole as the contract between the parties as if they were set
out verbatim and in full herein:
• This document entitled "Contract for Services"
• Specifications (Schedule A)
In the event of conflict among the provisions of these documents, the order in which they are
itemized above shall control resolving any such conflict.
2. INDEMNIFICATION.
2.1 The Contractor shall indemnify, defend and hold harmless the City and its
officials, agents, representatives, and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) with respect to: (a) Worker's
Compensation benefits payable on account of injury or death to any Contractor employee or to
any employee of Contractor's subcontractors, where the injury or death arises out of or is in any
way related to the work performed or to be performed under the Contract; (b) claims for personal
injury, death, or property damage or loss asserted by a Contractor or subcontractor or any of their
officers, agents, representatives, or employees where the injury, death, damage, or loss arises out
of or is in any way related to the work performed or to be performed under the Contract; and (c)
claims for personal injury, death, or property damage or loss as asserted by third- parties at the
work site, where the claim is based in the whole or in any part on, or is in any way related to, any
act or omission by Contractor, or Contractor's subcontractors, agents, employees or delegates.
2.2. Contractor shall agree that the indemnities stated above shall be construed
and applied in favor of indemnification. To the extent permitted by law, the stated indemnities
shall apply regardless of any strict liability or negligence attributable to the City and regardless
of the extent to which the underlying harm is attributable to the negligence or otherwise
wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents,
employees or delegates. Contractor also agrees that if applicable law limits or precludes any
aspect of the stated indemnities, then the indemnities will be considered limited only to the
extent necessary to comply with that applicable law. The stated indemnities continue until all
applicable statutes of limitations have run.
2.3. If a claim arises within the scope of the stated indemnity, the City may
required Contractor to furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company. Contractor will take the action required by City within fifteen
(15) days of receiving notice from City.
3. RIGHTS AND REMEDIES.
3.1. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
3.2. No action or failure to act by the City or the Contractor shall constitute a
waiver of any right or duty afforded by any of them under the Contract, nor shall any such action
or failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
4. GOVERNING LAW. The contract shall be governed by the laws of the State of
Minnesota.
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5. OBLIGATIONS OF THE CITY. The City shall pay the Contractor for
performance of the Contract the sum of Eighty Eight Thousand Eight Hundred Five Dollars
($88,805.00) - ($7,400.42 per month)
6. BONDS AND INSURANCE. Prior to commencing work on the Contract, the
Contractor shall furnish the City a certificate of insurance. The Contractor shall furnish and
maintain during the project such public liability and property damage insurance as shall protect
Contractor and any subcontractors performing work covered by the Contract from claims for
damages by Workers Compensation Statute, and from claims for property damages or personal
injury which may arise from operations under this Contract, whether such operations are by
Contractor or by an subcontractor or anyone directly or indirectly employed by either of them
and the amounts of insurance shall be as follows:
General Liability (or in combination with an umbrella policy)
$1,000,000 Each Occurrence
$1,000,000 Personal & Advertising Injury
$2,000,000 Products Completed Operations Aggregate
$2,000,000 Annual Aggregate
Auto Liability
$1,000,000 Combined Single Limit - Bodily Injury & Property Damage
Owned Vehicles (if contractor has such vehicles)
Hired & Non -Owned
Workers Compensation Statutory Limits
$100,000 Each Accident
$500,000 Policy Limit
$100,000 Each Disease
The Contractors Insurance must be "Primary and Non - Contributory ".
The successful bidder must submit, prior to contract award, evidence of insurability in the
amounts as provided above. (A Certificate of Insurance).
The Contractor shall indemnify and save the City, its officers, affiliates and employees from any
and all claims, suits, losses, damages or expenses on account of injuries or death of any or
all persons, or property damages sustained and caused by an act, omission, neglect or
misconduct of said Contractor.
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All insurance policies (or riders) required by this Contract shall be (i) taken out by Contractor
and maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall name
Contractor as an insured party and City as an additional insured; (iii) shall be evidenced by a
Certificate of Insurance listing City as an additional insured which shall be filed with the City;
Contract shall also furnish proof that its employees are bonded.
7. TERM. The term of this Contract shall begin on or about April 1, 2014 and end on
March 30, 2015, both dates inclusive, unless sooner terminated as hereinafter provided.
8. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor
shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's
performance of this Contract except the City shall furnish lavatory towels, toilet tissue, lavatory
soap and garbage liners for all containers including janitor carts.
9. CITY CONTACT. The City will designate a representative who will be the
primary contact with respect to administration of this Contract.
10. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right to
terminate Contractor at will immediately without cause at any time within the term of this
Contract. In the event of such termination, the City shall provide Contractor written notice of
termination and upon receipt of same, Contractor shall immediately cease and desist Contractor's
provision of services under this Contract and City shall have no further obligation under this
Contract to pay any further compensation to Contractor except for compensation due and owing
for services prior to Contractor's receipts of the written notice of termination.
11. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor,
while engaged in carrying out and complying with the terms and conditions of this Contract and
the provision of services thereunder, shall be considered at all times an independent contractor
and not an officer, employee, or agent of the City. City and Contractor further agree that
Contractor shall not at any time or in any manner represent that Contractor or any of the
Contractor's Agents or employees are in any manner agents or employees of the City. City and
Contractor further agree that Contractor shall be exclusively responsible under this Contract for
Contractor's own FICA payment, workers compensation payments, unemployment
compensation payments, withholding amounts, and /or self - employment taxes or other taxes if
any such payments, amounts, or taxes are required to be paid by law or regulations.
12. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice
or other correspondence to be provided by or between the City and the Contractor in accordance
with this Contract shall be hand delivered or mailed by registered or certified mail to the
following address:
CITY: City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
CONTRACTOR: FBG Service Corporation
13. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of
this Contract by Contractor shall not operate or be construed as a waiver of a subsequent default
by the Contractor. No waiver shall be valid unless in writing and signed by the Mayor and the
City Administrator on behalf of the City.
14. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree
that the services to be rendered by the Contractor under this Contract are unique and personal.
accordingly, the Contractor may not assign or subcontract out any of the Contractor's rights or
any of the Contractor's duties or obligations under this Contract.
15. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any
application hereof to any person or circumstances, shall to any extent be invalid or
unenforceable, the remainder of this Contract or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable shall not
be effected hereby and each term and provision of this Contract shall be valid and be enforced to
the fullest extent permitted by law.
16. ENTIRE AGREEMENT. This instrument herein contains the entire and only
agreement between the parties and no oral statement or representation or prior written matter not
contained in this instrument shall have any force and effect. This Contract shall not be modified
in any way except by writing executed by both parties.
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17. PAYMENT. Payments shall be made on a monthly basis.
18. DISCRIMINATION. Provider agrees to comply with Minnesota Statute that
states:
Subsection A. That, in the hiring of common or skilled labor for the performance of any work
under any contract, or any subcontract, no contractor or material supplier, shall, by reason of
race, creed, or color, discriminate against the person or persons who are citizens of the United
States or resident aliens who are qualified and available to perform the work to which the
employment relates;
Subsection B. That no contractor, material supplier, or Contractor, shall, in any manner,
discriminate against, or intimidate, or prevent the employment of any person or persons
identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent the
person or persons from the performance of work under any contract on account of race, creed, or
color;
Subsection C. That a violation of this section is a misdemeanor; and
Subsection D. That this contract may be canceled or terminated by the state, county, city, town,
school board, or any other person authorized to grant the contracts for employment, and all
money due, or to become due under the contract, may be forfeited for a second or any
subsequent violation of the terms or conditions of this contract.
19. WORK HOURS. As stated in the Specifications
20. BACKGROUND CHECKS. The City must receive from the Contractor and each
Contractor's employee written authorization permitting the City of Lakeville Police Department
to perform a criminal history background check and further authorize the Police Department to
release the information obtained to the Lakeville City Council, City Administrator and other
appropriate employees. The City reserves the right to deny access to City facilities those
Contractors or Contractor's employees that it deems inappropriate.
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CITY OF LAKEVILLE
BY:
Matthew Little, Mayor
AND
Charlene Friedges, City Clerk
CONTRACTOR:
its �uJ'� �il'fr, C/ rbD
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
20_, by Matthew Little and by Charlene Friedges, respectively the Mayor and the City Clerk
of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
20 the
of a
corporation, on behalf of the corporation.
NOTARY PUBLIC