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Home My WebLink AboutABM Janitorial Services-North Central, Inc.-7/9/2012Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 A3fifiTm 1509 Michigan Street Des Moines, IA 50314 Building Value Phone — 515-697-0340 Fax — 515-243-1289 Amendment to Service Agreement This amendment, made July 1, 2012, by and between ABM Janitorial Services—North Central, Inc., a corporation (Contractor), and City of Waterloo (Owner), serves as agreement by both parties to provide janitorial services to 715 Mulberry Street, 620 Mulberry Street, 348 N. Elk Run Road, 104 W. 5th Street, 3505 Easton Avenue, Waterloo, IA. The monthly pricing for the above sites shall remain the same per month plus all applicable taxes for janitorial services. The price includes equipment, cleaning supplies, insurance, consumables, supervision and labor. The cleaning specifications will remain the same as outlined in the original service agreement. All other aspects of the original agreement and any previous amendments shall remain the same. This agreement shall be effective August 1, 2012, and shall continue in effect through July 31, 2014. Signature (Customer) Signature (ABM rep.) Owner: Contractor: City of Waterloo ABM Janitorial Services -North Central, Inc. By:� CY % /fie By: Name:1'1QSt Ef Ck L Name:4,/. ' ' Title: ja Title:,1l,A4InNji---0'�1/6r ,11 clic1,Ii9--' www.abm.com 12-14-2010 08:58am From -ABM 5152431289 T-488 P.001/004 F-917 Janitorial Services JANITORIAL SERVICE AGREEMENT This AGREEMENT, made July 7, 2009, by and between ABM janitorial Services - North Central, htc., a corporation (Co/thud:far) and the My of Waterloo (Owner). 1. SERVICE": Contractor will provide janitorial and other related services to 715 Mulberry SE, 620 Mulberry St, 348 N. Elk Run Road, and 104 W. 5111 St., Waterloo, IA, according to the sons. Confa or may perform the services by any reasonable means, and shall not be responsible for delays in performance beyond ifs control 2. TERM This Agreement shall be in effect for 3 years, commencing August 1, 2009, arid shall continue in effect tirtu July 31, 2012 3. TERWNA.TION If Owner is dissatisfied with the quality of the services. Owner ntay inform. Contractor in writing of the specific areas of diminish' and if C uuntrad or shall fail 10 substantially correct the deficiencies within thirty (30) days, Owner may then terminate this Agreement by thirty (30) days written notice to Cordrad:or. Owner may terminate this Agreement at any time upon thirty (30) days written notice if Owner vacates the premises. Contractor may terminate this Agreement by thirty (30) days written notice to Owner, and may terminate services at any time without notice for non-payment. Notwithstanding the foregoing„ in order to ane WARN Act compliance, the Owner stall provide at least 75 days' prior written notice of cancellation, only if the ranches of Contractor's employees assigned to Owner's account is equal to or exceeds 50 employees at any time during the six month period prior to the notice of termiteion, unless the premises is destroyed or otherwise rendered uninhabitable due to unforeseen circumstances. All property fonished by contractor under this contract shall remain its property. Upon the termination of the contract,, Contractor shall have a reasonable time to remove its property from Clis premises 4. PRICE Owner agrees to pay Contractor for the services: City Hall 54,423-64 per month, Carnegie Annex $883.11 per month„ Police Training Center $215.26 per month, Memorial Hall $197.02 per monntln. See pricing summary. Payment shall be due within 20 days from the earlier of the date of invoice or the last day of each month for which services were performed. The price is based upon the service area and frequency of services in the attached specifications. If there is any change in either, Owner and Contractor agree to nate a reasonable price a 5. C HANGE IN WORK PERFORMED: The price stated in this agreennent is based upon the service area and frequency of services m the attached specifications. if time is any change in such area or services, Owner and Contractor agree to negotiate a reasonable price adjustment Owner agrees to notify Contractor in writing at least fourteen (14) days prior to any tenant of Owner vacating any leased space in the Btg. Such vacancy notices will state the name of the tenant and the square footage of the vacated areas. Intim event that Owner breaches its obligation to deliver such notice, Owner agrees that the charges for work performed in such spacers by Contractor under this janitorial service went will not be abated in any way, untuq the day after Contractor receives such written notification of such vactmcy. 6. EXTRAORDINARY COST CHANGES: If any extraordinary event affects Contractor's costs, upon notice to Owner the parties agree to negotiate a reasonable adjustment Such events shall include armed ham, riots, steams, picketing, boycott acts of God, na#ona1, f nancial or economic disturbances, epidemics and other events not reasonably foreseeable or against which Contractor reasonably cannot protect itself - 7. HOLIDAYS: Contractor is not obligated to perform services on the following holidays: New Years Day. Memorial Day, Independence Day, labor Day, Thantksgiving Day and Christmas Day. Services on holidays, when requested, shall be charged on an overtime basis. A holiday on the sixth or seventh clay of the work week shall be subject to additional charge of a full day at straight time if wages are required to be paid for that day. 1 of 3 'r'1-14=2010 08:58am Fran -ABM Janitorial Services 5152431288 T-488 P.002/004 F-817 & 1NDICATION Contractor shall indemnify and hold harmless Owner from loss, liability, cost, or expense (including reasonable attorney's fees) for bodily injury, death and property damage (herei ia£er referred to as uclai t(sr), but only to the extent same are caused by negligence, misconduct or other fault of Contractor, its Owners or employees, which arise out of work performed under this Agreement. The foregoing provision shall only benefit Owner if Owner nes Contractor in writing of such claire within five (5) days of same being reported. to Owner or as representative. Nogg the foregoing, if Contractor is requmred by Owner to clean or wax floors when being used by employees, customers, tenants, or business visitors, Contractor shall not be responsible for any Claim in connection herewith. Contractor shall not be liable for delay, Loss or damage caned by warfare, riots, smites, boycotts, caminal acts, ads or omissions of ods, fire, water damage, natural calamity, or causes beyond Contractor's reasonable control. Coonfrador shall not be liable for disposal of documents or valuable items, other than office furnishinleft on floors, and Owner shall indemnify and hold harmless Contractor from claims for such dispel_ Owner agrees to keep its facilities in a safe condition and in conformance with federal, state, and local laws, ordinances and regulations. Owner shall indemnify, defend and bold harmless Contractor from Claims to Contraclnr's employees and oars resulting from the condition of Owner's press or equipment but only to the extent same are not caused by Contractor's fault 9. INSURANCE AND TAXES: Contractor agrees to maintain in full force and effect during the term of this agreement the following insurance coverages with regard to the work performed for Owner under this Agreement 1) C.nmmerdai General Liability insurance with limits for bodily injury and property damage of not less than %MOAN per occurrence; 2) Commercial Automobile Liability insurance with limits of liability for bodily Injury and property damage of not less than $1,000,000 per occurrence; and 3) Workers' Compensation hsurance with Mediatory limits and with an employers liability limit of at least $500,000 (ex,zept to the extent that Contractor has opted out of the workers compensation insurance sybiem in Texas). Contractor has the right to be self-insured where permitted by stale law ar to provide such coverage subject to a deductible or self-insured reteniiore Upon request, Contractor will provide Owner with a certificate of insurance descaileng the coverage provided in accords with these provisions. Cordractor, Owner and their insurers shall waive all rights of subrogation against ane another for property damage claims. Contactor shall be responsible for paying all payroll based taxes affecting its employees. Client agrees to pay for any sales and use taxes as well as increases in any taxes, workers' compensation, liabl7ityr insurance and other similar expenses of Contractor. 10. INDEPENDENT CONTRACTOR,: Contractor is an independent contractor, and all persons employed to famish services hereunder are employees of Contractor and not of Owner. The janitors will he employees of Contractor and Contractor will pay for all wages, expenses, federal and slate payroll ;axes and any similar tax relating to such employees, and will provide uniforms in accordance with Contractor's established standards. In the event any employees or former employees of Contractor or its affiliates are employed by Client or by any of Client's at$0ates during the term of this Agreement or within 90 days after its termination, Owner agrees to pay to raw a fee equal to 10 percent of the annnelized compensation of each such employee or former employee. 11 EMPLOYEES: Upon written. request by Owner, Contractor will remove from service any employee assigned to Owner's premises who has engaged in improper conduct, including without limihation, a breach of Owner policies or failme to perform the duties herein, provided such request is in accordance with the laws and collective bargaining agreemeris, if applicable. Contractor shall supervise the -janitors through Contractor's designated personnel. In the event Client assumes any supervisory duties toward the Contractor's employees or directs their acts or services, Client shall assume responsibility and shall indemnify, defend and hold Contractor harmless from loss, liability or expense arising therefrom. rom. 12. KEYS: Contrattor shalt not be provided muter keys In any property. Should access to a master key be required, Owner will provide a key box or lock box for such master keys) at the property. Notwithstanding anything to the contrary in this Agreement, Contractor shall not be responstrle for any damages including, without limitation, any costs incurred in re -keying ar changing locks caused by the loss or theft of such key(s). 13. NOTICES: Notes requests, demands, etc, shall be in writing and delivered or mailed with postage prepaid: 2 of 3 ii -14-2010 08:59am From -ABM Janitorial Services To Owner at: CITY OF WATERLOO 715 Mulberry St. Waterloo, Iowa 50703 Atte Louis Cutwright 5152431288 T-488 P.003/004 F-817 To Coattrachn at ABM Jaatitorial Services - North Central, Inc. 1509 Michigan St Des Moines, Iowa 50319 14. ENTIRE AGREEMENT: This Agreement contains the entire Agreement between the parties. AR prior negotiations between the parties are merged in this Agreement and there axe ao unde nd �gs or agreements other than those incorporated herein. This Agreement may not be modified, except by written instrument signed by both Peres. In the event of conflict between any of the foregoing provisions of this Agreement and any other contract; pm -chase order, agreement or ion between the parties, this Agreement shall be controlling. This Agreement shall inure to and bind the sem, assigns, agents and representatives of the parties. IN WITNESS WHEREOF, the parties hereto have execute, this Agreement as of the date first written above. Contractor: city of Waterloo ABM,J By: % -s.•� 1`x(4 Name: Title: Title: Regional Vice President 74‘7 3 of 3 01-14-2010 08:58am From -ABM Janitorial Services August 3, 2009 Louis Cutwrigbt City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Re: Contract ADDENDUM Dear Mr. Cartwright: 5152431288 T-488 P.004/004 F-817 916 Decathlon Drive Waterloo, IA 50701 Office: (319) 234-2672 Fax: (319) 234-2742 Please consider this letter as an addendum to our contract with the City signed on July 7, 2009. Per your req we're adding an additional location to the sites we provide janitorial services to: Waste Water Treatment Plant 3505 Easton Stmt Waterloo, IA 50703 The price for this additional location will be $1,325.82 per month for 5 day per week service. Service will begin effective immediately. Please indicate your acceptance of this addendum by signing and ret+trning a copy below. Accepted by: Patti Lee Time Hurley District Manager Mayor, City of Waterloo