The URL can be used to link to this page

R-04-08-12-13E3 - 8/12/2004 RESOLUTION NO. R-04-08-12-13E3 WHEREAS, the City of Round Rock has duly advertised for bids for janitorial services, and WHEREAS,Texas Local Government Code, Section 252 . 043 (a) provides that the contract may be awarded to the bidder who provides goods or services at the best value for the City, and WHEREAS,Texas Local Government Code, Section 252 . 043 (c) requires that before awarding the contract, the City must indicate in the bid specifications that the contract will be awarded to the bidder who provides goods or services at the best value for the City, and WHEREAS, the City has complied with the mandates of the statute by indicating in the Invitation for Bid that "All bids received shall be evaluated based on the best value for the City, which will be determined by considering all or part of the following criteria: Bid price; Reputation of the bidder and of bidder' s goods and services; The quality of the bidder' s goods or services; The extent to which the goods or services meet the City' s needs; Bidder' s past relationship with the City; and any relevant criteria specifically listed in the solicitation" , and WHEREAS, K-B Contract Cleaning, Inc. has submitted the bid which provides the best value for the City, and WHEREAS, the City Council wishes to accept the bid of K-B Contract Cleaning, Inc . , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Janitorial Services with K-B 9PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R40812E3.WPD/SC Contract Cleaning, Inc . , a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of August, 2004 . L, Ma C y of Round Rock, Texas A ST: CHRISTINE R. MARTINEZ, City Secr ary CITY OF ROUND ROCK AGREEMENT WITH K-B CONTRACT CLEANING,INC. FOR JANITORIAL SERVICES THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTIES OF WILLIAMSON AND TRAVIS § THIS AGREEMENT for janitorial services(referred to herein as the"Agreement")is made by and between the CITY OF ROUND ROCK, a Texas home-rule municipality whose offices are located at 221 East Main Street,Round Rock,Texas 78664-5299(referred to herein as the"City"),and K-B CONTRACT CLEANING,INC.,whose offices are located at 813 Taulbee Lane,Austin,Texas 78757(referred to herein as the"Services Provider"). RECITALS: WHEREAS,City has determined that there is a need for the delineated services; and WHEREAS,City desires to contract for such services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights,duties and obligations hereunder; NOW,THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration,the sufficiency and receipt of which are hereby acknowledged,it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE,DURATION,AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be for twelve(12)months from the effective date hereof. After that initial term,this Agreement may be renewed for three(3)successive one-year periods,under the same terms and conditions, only upon the express written agreement of both parties, and only provided the Services Provider has performed each and every contractual obligation specified in this Agreement. City reserves the right to review the services at any time, and may elect to terminate with or without cause or may elect to continue with the services. 1 EXHIBIT D as "All A ll 1.02 CONTRACT AMOUNT; AND SCOPE OF WORK Contract Amount. Inconsideration for the janitorial services to be performed by Services Provider,City agrees to pay Services Provider in an amount not to exceed the following: Year 1 covered by this Agreement $173,018.04 Year 2 (only if Agreement is renewed) $173,061.29 Year 3 (only if Agreement is renewed) $173,104.55 Year 4 (only if Agreement is renewed) $173,147.83 Scope of Work: For purposes of this Agreement, City has issued documents delineating the required services, and Services Provider has issued its response agreeing to provide all such required services,and such documents are included in Exhibit"A"attached hereto and made a part hereof for all purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Services Provider shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 1.01.Services Provider's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Services Provider has been specifically engaged. Services Provider shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 1.03 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Payment for Services: In consideration for the janitorial services to be performed by Services Provider,City agrees to pay as delineated in Section 1.02. Payment for Reimbursable Expenses: There shall be no payment for reimbursable expenses in this Agreement. Not-to-Exceed Total: Unless subsequently changed by additional Supplemental Agreement to this Agreement,duly authorized by appropriate City Council or City Manager action, Services Provider's total compensation under this Agreement shall not exceed$173,018.04. This amount represents the absolute limit of City's liability to Services Provider hereunder unless same shall be changed by additional Supplemental Agreement,and City shall pay,strictly within the confines of the not-to-exceed sum recited herein,Services Provider's fees for work done on behalf of City. Deductions: No deductions shall be made for Services Provider's compensation on account of penalty,liquidated damages or other sums withheld from payments to Services Provider. Additions: No additions shall be made to Services Provider's compensation based upon any claims, whether paid by City or denied. Supplemental Agreements: The terms ofthis Agreement maybe modified by written Supplemental Agreement hereto,duly authorized by City Council or City Manager action,if City determines that there has been a significant change in(1)the scope, complexity,or character of the services to be performed; or(2) 2 the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Services Provider shall not perform any work or incur any additional costs prior to the execution,by both parties,of such Supplemental Agreement. Services Provider shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement,and City shall not be responsible for actions by Services Provider nor for any costs incurred by Services Provider relating to additional work not directly authorized by Supplemental Agreement. 1.04 TERMS OF PAYMENT Invoices: To receive payment, Services Provider shall prepare and submit a series of monthly detailed invoices to City for services rendered. Each invoice for janitorial services shall track the attached Scope of Work, and shall detail the services performed, along with documentation for each service performed. All payments to Services Provider shall be made on the basis of the invoices submitted by Services Provider and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by City,Services Provider shall comply promptly. In this regard, should City determine it necessary, Services Provider shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. If City has any dispute with work performed,then City shall notify Services Provider within thirty (30)days after receipt of invoice. In the event of any dispute regarding the work performed,then and in that event Services Provider shall either(a)satisfactorily re-perform the disputed services or(b)provide City with an appropriate credit. Payment of Invoices: City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Services Provider and to adjust same to meet the requirements of this Agreement.Following approval of invoices,City shall endeavor to pay Services Provider promptly,but no later than the time period required under the Texas Prompt Payment Act described in Section 1.07 herein. Under no circumstances shall Services Provider be entitled to receive interest on payments which are late because of a good faith dispute between Services Provider and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales,gross receipts or similar taxes applicable to the services,but not for taxes based upon Services Provider's net income. Offsets: City may,at its option,offset any amounts due and payable under this Agreement against any debt(including taxes)lawfully due to City from Services Provider,regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 1.05 LIMITATION TO SCOPE OF WORK Services Provider and City agree that the scope of services to be performed is generally enumerated in the attached exhibits. Notwithstanding anything herein to the contrary,the parties agree that City retains absolute discretion and authority for all funding decisions, such decisions to be based solely on criteria accepted by City which may be influenced by but not be dependent on Services Provider's work. 3 1.06 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only.It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Services Provider a written notice of termination at the end of its then current fiscal year. 1.07 PROMPT PAYMENT POLICY In accordance with Chapter 2251,V.T.C.A.,Texas Government Code,payment to Services Provider will be made within thirty(30)days of the day on which City receives the performance,supplies,materials, equipment,and/or deliverables,or within thirty(30)days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services,whichever is later. Services Provider may charge a late fee of one percent (1%) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: (1) There is a bona fide dispute between City and Services Provider concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or (2) The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (3) There is a bona fide dispute between the parties and subcontractors or between a subcontractor and its suppliers concerning supplies,materials,or equipment delivered orthe services performed which causes the payment to be late; or (4) Invoices are not mailed to City in strict accordance with instructions,if any,on the purchase order or the Agreement or other such contractual agreement. 1.08 TERMINATION This Agreement may be terminated for any of the following conditions: (1) By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to the other party not less than thirty(30)days prior to termination. (2) By mutual agreement and consent of the parties, such agreement to be in writing. (3) By either party for failure by the other party to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other party. (4) By either party for failure by the other party to fulfill its obligations herein. 4 (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided,no fees other than fees due and payable at the time of termination shall thereafter by paid to Services Provider. City shall pay Services Provider for all uncontested services performed to date of notice of termination. If either party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of the other party, then City shall give consideration to the actual costs incurred by Services Provider in performing the work to the date of default. The termination of this Agreement and payment of an amount in settlement as set forth above shall extinguish all rights,duties,and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 1.09 INDEPENDENT CONTRACTOR STATUS Services Provider is an independent contractor, and is not City's employee. Services Provider's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee,or joint venture relationship.No party has authority to enter into contracts as agent for the other party. Services Provider and City agree to the following rights consistent with an independent contractor relationship: (1) Services Provider has the right to perform services for others during the term hereof. (2) Services Provider has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. (3) Services Provider has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Services Provider or its employees or subcontractors shall perform services required hereunder,and City shall not hire, supervise,or pay assistants to help Services Provider. (5) Neither Services Provider nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. (6) City shall not require Services Provider or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Services Provider nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 1.10 NON-SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment,employ,or otherwise retain staff of the other during the term of this Agreement. 5 1.11 WARRANTIES Services Provider warrants that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Services Provider shall re-perform any work not in compliance with this warranty. 1.12 INDEMNIFICATION Services Provider agrees to hold harmless,exempt,and indemnify City,its officers,agents,directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands,costs,expenses,losses,damages,fines,penalties,liabilities and claims of any character,type,or description,including but not limited to any and all expenses of litigation,court costs,attorneys fees and all other costs and fees incident to any work done as a result hereof. In no event shall either party be liable to the other for special or consequential damages, statutory or otherwise. 1.13 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves,their successors,assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval. 1.14 LOCAL, STATE AND FEDERAL TAXES Services Provider shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: (1) Withhold FICA from Services Provider's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Services Provider's behalf; or (3) Withhold state or federal income tax from any of Services Provider's payments. If requested,City shall provide Services Provider with a certificate from the Texas State Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 1.15 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES Services Provider, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws,the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies.Services Provider shall further obtain all permits,licenses and the like required in the performance of the services contracted for herein,and same shall belong solely to City at the expiration of the term of this Agreement. 6 1.16 FINANCIAL INTEREST PROHIBITED Services Provider covenants and represents that Services Provider,its officers,employees,agents, consultants and subcontractors will have no financial interest,direct or indirect, in the purchase or sale of any product,materials or equipment that will be recommended or required under this Agreement. 1.17 GRATUITIES AND BRIBES City may, by written notice to Services Provider, cancel this Agreement without liability if it is determined by City that gratuities and/or bribes in the form of entertainment,gifts,or otherwise were offered or given by Services Provider or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Services Provider may be subject to penalties stated in Title 8 of the Texas Penal Code. 1.18 RIGHT TO ASSURANCE Whenever either party to this Agreement,in good faith,has reason to question the other party's intent to perform hereunder,then and in that event demand may be made to the other party for written assurance of intent to perform. In the event that no written assurance is given within the reasonable time specified when such demand was made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 1.19 SERVICES OBTAINED FROM ALTERNATE SOURCES If Services Provider cannot provide the services as specified, City reserves the right and option to obtain the services from another source or sources. 1.20 DEFAULT If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing services elsewhere,then Services Provider agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in future advertisements for the same type of work unless the scope of work is significantly changed. Services Provider shall be declared in default under this Agreement if it does any of the following: (1) Fails to make any payment in full when due; (2) Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; (3) Fails to provide adequate assurance of performance under the"Right to Assurance"section herein; or (4) Becomes insolvent or seeks relief under or is involuntarily brought under the bankruptcy laws of the United States. 7 1.21 STANDARD OF CARE Services Provider represents that it is specially trained,experienced and competent to perform all of the services,responsibilities and duties specified herein and that such services,responsibilities and duties shall be performed, whether by Services Provider or designated subconsultants, in a manner according to generally accepted industry practices. 1.22 ATTORNEYS FEES In the event that any lawsuit is brought by one party against the other party in connection with this Agreement, the prevailing party shall be entitled to seek to recover its reasonable costs and reasonable attorneys fees. 1.23 FORCE MAJEURE Notwithstanding any other provisions of this Agreement to the contrary,no failure,delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure,delay or default;including but not limited to acts of God,acts of public enemy,civil war,insurrection,riots,fires,floods,explosion,theft, earthquakes,natural disasters or other casualties, strikes or other labor troubles,which in any way restrict the performance under this Agreement by the parties. Services Provider shall not be deemed to be in default of its obligations to City if its failure to perform or its substantial delay in performance is due to City's failure to timely provide requested information or other materials necessary for Consultant to perform its obligations hereunder. 1.24 DISPUTE RESOLUTION If a dispute arises under this Agreement,the parties agree to first try to resolve the dispute with the help of a mutually selected mediator.If the parties cannot agree on a mediator,City shall select one mediator and Services Provider shall select one mediator and those two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Services Provider hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 1.25 INSURANCE Services Provider shall meet all insurance and bonding requirements, if any, as are stated in the attached exhibits. 1.26 DESIGNATION OF CITY REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf for this Agreement: 8 Pete Dominguez Facilities Maintenance Division 2015 Lamar Round Rock,Texas 78664-5299 Telephone: 512-801-4547 1.27 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) When delivered personally to the recipient's address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Services Provider: K-B Contract Cleaning,Inc. 813 Taulbee Lane Austin,TX 78757 Notice to City: City Manager's Office James Nuse, City Manager - - -- 221 East Main Street Round Rock,TX 78664 AND TO: City Attorney's Office Stephan L. Sheets,City Attorney 309 East Main Street Round Rock,TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Services Provider. 1.28 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for same shall lie in Williamson County,Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 9 1.29 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement,including the exhibits listed below,constitute the entire agreement between the parties and supersede all previous communications,representations,and agreements, either written or oral,with respect to the subject matter hereof. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 1.28 SEVERABILITY . The invalidity,illegality,or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement,and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision.The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.29 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. The failure of a party to exercise any right hereunder shall not operate as a waiver of said party's right to exercise such right or any other right in the future. Time is of the essence to this Agreement. Service Provider understands and agrees that any failure of Service Provider to complete the services due under this Agreement within the agreed term will constitute a material breach of this Agreement. City agrees to provide Service Provider with one(1) fully executed original Agreement. This Agreement may be executed in multiple counterparts, which taken together shall be considered as one original. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates hereafter indicated. CITY OF ROUND ROCK,TEXAS K-B CONTRACT CLEANING,INC. By: By: Nyle Maxwell,Mayor Printed Name: Date Signed: Date Signed: 10 ATTEST: By: Christine R. Martinez, City Secretary APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney 11 t s ............................................................................................................................. 07.�$0�2004 13:46 FA% 5122187028 CORK PURCHASING 1�v0Y�002 INVITATION FOR BID ADDENDUM PURCHASING OFFICE CITY OF ROUND ROCK,TEXAS IFS No. 04-004 Addendum No. 1 Date of Addendum: January 30, 2004 The Above Invitation For Bid (IFB)has been changed to include the following: 1. Revision of estimated square footage for STREETSIWATERLINE MAINTENANCE BUILDING,910 Luther Peterson: please revise estimate to 5,100 square feet. IFB, Page 2 of 2 Specification#04-910-39, Page 11 of 20 Specification#04-910-39,Page 20 of 20 2_ Please revise the specification 24.4.3.to the following: Thoroughly clean interior of all windows and blinds. Specification#04-910-39, Page 13 of 20 All other terms and conditions of this IFB and specifications remain unchanged. Approved by By the signatures affixed below,Addendum No. 1 is hereby incorporated into and made a part of the above referenced Invitation For Bid. ACKNOWLED E k-B Ca da-ef ,�0 &'44 a-10-0 Vendor Authorized Signature Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE,CITY OF ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUE GROUNDS FOR REJECTION OF YOUR BID. EXHIBIT D "All a' INVITATION FOR BID(IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E.Main Street Round Rock,Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE BIDDING INFORMATION:JANITORIAL SERVICES AT THE ABOVE ADDRESS BEFORE BID FACSIMILE RESPONSES BID NUMBER 04-004 OPENING TIME. SHALL NOT BE ACCEPTED OPENING DATE 2/10/2004 at 3:00 P.M. BID LOCATION: 221 E.Main Street,1st Floor Council Chambers Round Rock,Texas 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID INVOICE TO: SHOW BID OPENING DATE 6 BIO NUMBER IN LOWER LEFT City of Round Rock HAND CORNER OF SEALED BID BIDDER SHALL SIGN BELOW Accounts Payable ENVELOPE 6 SHOW RETURN Failure to sign bid will disqualify bid 221 East Main Street ADDRESS OF BIDDING FIRM. s Round Rock, Texas 78664-5299 "V� Authorized Signature Date BID F.O.B.DESTINATION ��W ' 13 tf/)k)L A AJ A"Iun UNLESS OTHERWISE SPECIFIED BELOW Print Name DESTINATION: SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX IDNO.: ��7f- LEGAL BUSINESS NAME: —C3oft rA Various I City owned facilities as per the - attached specification#04-910- ADDRESS: I. jJs )( 39, dated 01/2004. CONTACT: eW/S LA41,b dL 13 UdZAN _ TELEPHONE NO.: O BUSINESS ENTITY TYPE: "By the signature hereon affixed,the bidder hereby certifies that neither the bidder nor the entity represented by the bidder,or anyone acting for such entity has violated the antitrust laws of this State,codified in Section 15.01 et seq., Texas Business and Commerce Code,or the Federal antitrust laws,nor communicated directly or indirectly,the bid made to any competitor or any other person engaged in such line of business." This is to establish a twelve(12)month contract for the goods and labor to clean fifteen(15)City owned facilities identified in the attached specification#04-910-39. This contract may be renewed for three(3)additional periods of time not to exceed twelve(12)months for each renewal provided both parties agree per specification No.04-910-39, dated 1/04. Best Bid Evaluation:All bids received shall be evaluated based on the best value for the City,which will be determined by considering all or part of the following criteria: Bid price; Reputation of the bidder and of bidder's goods and services;The quality of the bidder's goods or services;The extent to which the goods or services meet the City's needs; Bidder's past relationship with the City;any relevant criteria specifically listed in the solicitation. 'NOTE:ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED OR IN PART,WHICHEVER IS IN THE BEST INTEREST OF THE CITY. Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. All items listed on the following page are In accordance with Specification No.04-910-39,dated 1/2004. Page 1 of 2 CLASS&ITEM ITEM# DESCRIPTION EXTENSION 910-39 Monthly rate for CITY HALL 24,000 sf-Bid to include all pricing to p 1 meet specified requirements listed in $ 221 East Main Street attached specification 04-910-39. Per Calendar Month Monthly rate for LIBRARY 42,000 sf-Bid to include all pricing to 2 meet specified requirements listed in $ ,c76 216 East Main Street attached specification 04-910-39. Per calendar Month Monthly rate for PUBLIC WORKS 4,750 sf-Bid to include all pricing to / r 3 meet specified requirements listed in $ 212 Commerce attached specification 04-910-39. Per calendar Month Monthly rate for PUBLIC WORKS 13,322 sf-Bid to include all pricing to p 4 meet specified requirements listed in $ 2008 Enterprise attached specification 04-910-39. Per calendar Month Monthly rate for POLICE(Buildings A,B and C) 31,920 sf-Bid to include all pricing to s meet specified requirements listed in $3D Q 605 and 615 Palm Valley Boulevard attached specification 04-910-39. Per Calendar Month Monthly rate for PARD Yard Site 1,790 sf-Bid to include all pricing to 6 meet specified requirements listed in $ 300 S.Burnet(Building C) attached specification 04-910-39. Per calendar Month Monthly rate for CLAY MADSEN REC.CENTER 38,000 sf-Bid to include all pricing to 7 meet specified requirements listed in 1600 Gattis School Road attached specification 04-910-39. Per calendar Month Monthly rate for McCONNICO BUILDING 26,382 sf-Bid to include all pricing to a meet specified requirements listed in $ 301 West Bagdad attached specification 04-910-39. Per Calendar Month Monthly rate for VEHICLE MAINTENANCE 750 sf-Bid to include all pricing to meet s specified requirements listed in $ 1112-50 901 Luther Peterson attached specification 04-910-39. Per calendar Month Monthly rate for STREETS/WATERLINE MAIN. 1,900 sf-Bid to include all pricing to ,o --mee—ts-D-er-ified,reau*rementsibSte in 910 Luther Peterson I? e attached specification 04-910-39. Per calendar Month Monthly rate for UTILITY SUPPORT BUILD NG 900 sf-Bid to include all pricing to meet I specified requirements listed in $ 5494 North IH-35 attached specification 04-910-39. Per Calendar Month Monthly rate for WATER PLANT 14,876 sf-Bid to include all pricing to o/ 12 meet specified requirements listed in $ �} O 5494 North IH-35 attached specification 04-910-39. Per Calendar Month Hourly labor rate per employee-all z ADDITIONAL REQUESTED SERVICES $ equipment and supplies included Per Hour 3 ADDITIONAL CARPET EXTRACTION AND CLEANING Upon request by City of Round Rock $ , 0 to 5 Per Square Foot PROPOSAL INCREASE BY PERCENTAGE FOR OPTIONAL YEARS(Monthly Rate-All Facilities) 4 FIRST OPTIONAL YEAR(Starting March 1,2005) + 0-2 5 $ 5 %increase Per Calendar Month s SECOND OPTIONAL YEAR(Starting March 1,2006) 0.? $ 10 9+ 7 %increase Per Calendar Month 6 THIRD OPTIONAL YEAR(Starting March 1,2007) + Oct Is 390. 1u %increase Per Calendar Month Page 2 of 2 SPECIFICATION NO. 04-910-39 DATE: January 2004 CITY OF ROUND ROCK JANITORIAL SERVICES 1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor to clean fifteen (15) City owned facilities identified on the Invitation For Bid (IFB). 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City—Identifies the City of Round Rock, Williamson County, Texas. 2.3. Contract—A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Contractor—A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials,supplies, commodities and equipment. 2.6. Purchase Order-is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified. 2.7. Subcontractor-Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. III ABEGATION. Fe-- -- -- - Randy Barker Purchasing Supervisor City of Round Rock Telephone: 512-218-3295 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. PART GENERAL CLAUSES AND CONDITIONS 1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s')or subcontractor(s')employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 1 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 4. BEST BID EVALUATION:All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Bidder's past relationship with the City. All bidders will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 5. COMPLIANCE WITH LAWS:The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers'compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 6. CODES, PERMITS AND LICENSES:The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 7. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract ancl causes the City to–p–rch—ase-the services elsewhere may be charged the difference in service if any and shall not be considered in the re-advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 8. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 9. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers,employees or subcontractors. 9.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 9.2. The following standard insurance policies shall be required: 9.2.1. General Liability Policy 9.2.2. Automobile Liability Policy 9.2.3. Worker's Compensation Policy 9.3. The following general requirements are applicable to all policies: 9.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 9.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 2 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 9.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance, 9.3.4. Upon request,certified copies of all insurance policies shall be furnished to the City 9.3.5. Policies shall include, but not be limited to, the following minimum limits: 9.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 9.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for each occurrence. 9.3.5.3. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with minimum limits for: 9.3.5.3.1. Bodily Injury of$100,000.00 each person,and $300,000.00 for each occurrence, and 9.3.5.3.2. Property Damage Minimum limits of$50,000.00 for each occurrence. 9.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 9.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 9.4. The City shall be entitled, upon request and without expense, to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 9.5. Contractor agrees that with respect to the required insurance, all insurance contracts and attachment, the following provisions: 9.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 9.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear) as to all applicable coverage. 9.5.3. Provide thirty days notice to the City of cancellation, non-renewal, or material changes 9.5.4. Remove all language on the certificate of insurance indicating: 9.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 9.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 9.5.5. Provide for notice to the City at the addresses listed below by registered mail: 9.5.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 9.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 9.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 9.5.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 3 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 9.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock,TX 78664-5299 Round Rock,TX 78664 9.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 9.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 10. WORKERS COMPENSATION INSURANCE:Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 10.1. Certificate of coverage("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 10.2. Duration of the project-includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the OWNER. 10.3. Persons providing services on the proiect("subcontractor")in Section 406.096-includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors,subcontractors, leasing companies, motor carriers,owner-operators, employees of any such entity, or employees of any entity,which furnishes persons to provide services on the project. "Services"include,without limitation, providing, hauling, or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services"does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 10.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 10.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 10.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 10.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 10.7.1. A certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and 10.7.2. No later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period 4 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 shown on the current certificate of coverage ends during the duration of the project. 10.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 10.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or shall have known,or any change that materially affects the provision of coverage of any person providing services on the project. 10.10. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 10.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,to: 10.11.1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all its employees providing services on the project,for the duration of the project; 10.11.2. Provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 10.11.3. Provide the CONTRACTOR,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; • s, and provide to the CONTRACTOR: 10.11.5. A certificate of coverage, prior to the other person beginning work on the project;and 10.11.6. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 10.11.7. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 10.11.8. Notify the OWNER in writing by certified mail or personal delivery,within 10 calendar days after the person knew or shall have known,of any change that materially affects the provision of coverage of any person providing services on the project;and 10.11.9. Contractually require each person with whom it contracts, to perform as required by paragraphs (A through G), with the certificates of coverage to be provided to the person for whom they are providing services. 10.12. By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured,with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties,or other civil actions. 10.13. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. 5 of 20 f of \ \ SPECIFICATION NO. 04-910-39 DATE: January 2004 11. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 12. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 13. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PART II DELIVERY,SERVICE,ACCEPTANCE AND PAYMENT 1. SERVICE: The successful bidder shall have service and maintenance available to the City within a 130 mile radius of the City, and shall be able to respond to a request for service: 1.1. Within 2 hours of notification for on-site service and/or maintenance. 2. INVOICING: Contractor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock,TX78664-5299 3. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the suoolies. materials_ erjuipmant nr services, whichever is lamI he Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 3.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 3.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 3.3. There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 4. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seg., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seg PART III SPECIFICATIONS 1. STATEMENT OF INTENT: This specification describes the terms and conditions for providing services to clean and maintain fifteen (15)City of Round Rock buildings. These specifications cover only the general requirements. Bidders shall be responsible for furnishing and carrying out the service that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that is designed for the intended application. 6 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 2. BIDDER QUALIFICATONS:The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the best value from information submitted with the bid. All bidders shall furnish the following information at a minimum: 2.1. References: Provide the name, address, telephone number and point of contract of at least three firms that have utilized the same or similar services for at least 2 years. References may be checked prior to award. Any negative responses received may result in disqualification of bid for award. 2.2. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 3. PURPOSE: For the supply of custodial services for a twelve (12) month period in accordance with the following specifications: 3.1. The Contractor shall provide the cleaning equipment specified in cleaning equipment specifications. The cleaning equipment and product specifications and standard of performance listed shall be considered as the minimum cleaning equipment and product specifications and standard of performance required to perform acceptable services at the facilities listed. It is not the City's intent to require a specific brand of product; however, the City reserves the right to require the Contractor to use cleaning materials conforming to the specifications listed if the Contractor's cleaning products do not, in the City's opinion, provide effective sanitation and/or cleanliness of the facilities. 3.2. The Contractor shall furnish any and all cleaners, disinfectants, waxes, wax stripping materials, wastebasket liners,disposable bags for sanitary disposal, deodorant bars for toilets and urinals, air fresheners, and any other products required to provide the cleaning services specified herein. -- , and lights. The Contractor shall fill dispensers. 3.4. The Contractor shall be responsible for the scheduling of the cleaning requirements specified herein. Work shall be scheduled in such a way that it does not disrupt the functions and normal day-to-day activity of the City facilities. The City reserves the right to approve and make suggested changes to the schedule set up by the Contractor. It is expressly understood by the Contractor that the intent of this Contract is to supply the complete custodial services for the interior portions of the buildings listed. 3.5. The Contractor shall submit a complete work schedule for each month and service location to: 3.5.1. Facilities Maintenance Division, 2015 Lamar, Round Rock, Texas, 78664,within fifteen (15)calendar days after award. 3.6. A supervisor representing the successful Contractor shall be on site at all times Monday through Sunday according to the Hours of Work Schedule. A joint inspection, coordinated with the City's Facilities Maintenance Manager, is required once per month. 3.7. The City of Round Rock shall be sole judge of said quality and required frequency of services provided herewith. 3.8. The Contractor shall be staffed to maintain optimum conditions of cleanliness. If the level of cleaning at any time is considered to be unacceptable to the City of Round Rock, the Contractor will be required to increase his staff or take whatever measures are required to provide acceptable cleanliness. 4. STANDARDS: The Facilities Maintenance Manager shall evaluate custodial service using the following standards: 4.1. Dusting: A properly dusted surface is free of all dirt and dust, streaks, lint and cobwebs. Dusting shall be accomplished with properly treated cloths. 7 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 4.2. Plumbing Fixture and Dispenser Cleaning: Plumbing fixtures and dispensers are clean when free of all deposits and stains so that the item is left without dust, streaks, film, odor or stains. 4.3. SweepingNacuuming:A properly swept floor is free of all dirt, grit, lint and debris, except embedded dirt and grit. 4.4. Spot Cleaning: A surface adequately spot cleaned is free of all stains, deposits, and is substantially free of cleaning marks. 4.5. Damp Mopping: A satisfactorily damp mopped floor is without dirt, dust, marks, film, streaks, debris or standing water. 4.6. Metal Cleaning: All cleaned metal surfaces are without deposits or tarnish and with a uniformly bright appearance. The cleaner used is to be removed from adjacent surfaces. 4.7. Glass Cleaning: Glass is clean when all glass surfaces are without streaks, film,deposits and stains, and have a uniformly bright appearance and adjacent surfaces have been wiped clean. 4.8. Floor Finish Removal(Stripping): Removal is accomplished when surfaces have all finish removed down to the flooring materials, are free of all dirt, stains, deposits, debris, cleaning solution and standing water, and the floor has a uniform appearance when dry. Plain water rinse and pick-up shall follow finish removal operation immediately. 4.9. Finished Floor(Application):A floor is satisfactorily finished when all old wax/polish has been completely removed, including in corners and along edges and sufficient coats of sealer and wax/polish have been properly applied with enough drying time between each coat to assure no streaking, bubbling or yellowing and is not splashed on wall or furniture. 4.10. Scrubbing: Scrubbing is satisfactorily performed when all surfaces are without embedded dirt,cleaning solution, film,debris, stains and marks, or standing water and floor orm ycca-ri apearance. painn wa er rinse sb—alffollow the scrub ing process immediately. 4.11. Wall Washing: After cleaning, the surfaces of all walls, ceilings, exposed pipes and equipment shall have a uniformly clean appearance, free from dirt, stains, streaks, lint and cleaning marks. Painted surfaces shall not be unduly damaged. Hard finish wainscot or glazed ceramic tile surfaces shall be bright, free of film streaks and deposits. 4.12. Buffing of Finished Floor Surfaces:All finished floor areas shall be spray buffed sufficiently for maximum gloss, removal of surface dirt and have a uniform appearance. Only non-skid and City approved spray-buff products shall be used. 4.13. Spot Cleaning Carpets:A carpet adequately spot cleaned is free of all stains, deposits, gum, and spills. Care shall be taken to use a product that shall not harm or discolor the carpet fibers. 5. Pre-bid conferences will be conducted Thursday,January 29, 2004 and Thursday, February 5, 2004 at 9:30a.m. 221 East Main Street, City Council Chambers in Round Rock, TX. 5.1. A Facilities Maintenance Coordinator will conduct a site inspection tour immediately following the pre-bid conferences on January 29, 2004 and February 5, 2004. Bidders are required to provide their own transportation for the site inspection tour. 5.2. Bidders shall sign in at the site inspection to become aware of all conditions affecting performance and bid prices. 6. For site information and appointment for one of the above listed site visits, bidders may contact: PETE DOMINGUEZ (512) 801-4547 8 of 20 SPECIFICATION NO. 04-910-39 DATE: January-2004 The individual listed above may be telephoned or visited for site information and inspection only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the city. 7. DEFECTIVE WORK AND DAMAGES: The successful bidder shall be responsible for damage to the City's equipment and/or the work place and its contents, by its work, negligence in work, its personnel and equipment. 7.1. The City may, at its sole option, require the successful bidder to correct any and all defective work or damages and the successful bidder shall correct it within forty-eight(48) hours of notification. 7.2. If the successful bidder fails to make said corrections within this time frame, the City may withhold from payments due or to become due an amount to correct said defective work or damages. 8. ACCIDENT PREVENTION AND LIABILITY: The successful bidder shall be responsible and liable for the safety, injury and health of its working personnel while its employees are performing service work. 9. LABOR AND EQUIPMENT: The successful bidder shall provide all labor and equipment necessary to perform this service. 9.1. All employees of the successful bidder shall be no less than eighteen (18)years of age, and shall be experienced in the type of work to be performed. 9.2. No visitors,wives, husbands, relatives, or children of the successful bidder's employees shall be allowed in the workplace during the working hours specified herein, unless they are bona fide employees of the successful bidder. 9.3. Any breach of this requirement may be grounds for immediate termination of the contract. 10. Sl IP RVIt41f)N- Tha s,irroecfi d hiddar ch211 �t_all timesham$^eae�lt#i68 to receive and executive directives, on behalf of the successful bidder, from the City's authorized representative. 11. SECURITY: The successful bidder shall at all times assure that the City's property is secure and protected and that access to the buildings is denied to all persons. Additionally, no person shall be allowed in the building that is not covered by the successful bidders insurance and bond. 12. TERM OF CONTRACT: 12.1. The contract shall be for twelve(12)consecutive months with the City,which shall commence from the date of award forward. 12.2. The City reserves the right to extend (with mutual agreement of the successful bidder)the contract for four(4)additional twelve (12)month periods beginning at the end of the original and each succeeding period. 13. CANCELLATION: 13.1. The City reserves the right, during any annual contract period, to cancel all or part of the contract: 13.2. The City reserves the right to review bidder performance within thirty(30)days without notice if three (3)major complaints of substandard performance are received in the same month from the same building. 13.2.1. The City retains the right to determine what constitutes a major complaint. 13.3. The successful bidder may cancel this contract for cause by providing one-hundred twenty(120)days written notice to the City. Termination under this paragraph shall not relieve the successful bidder of any obligation or liability that has occurred prior to cancellation. 14. ADDITIONAL SERVICES: 9 of 20 . b SPECIFICATION NO. 04-910-39 DATE: January 2004 14.1. The City may require the addition of services from the Contractor as the requirements of the City change. This may entail additional facility areas and/or additional services required at contracted facilities. The Contractor shall provide the City with a cost for these additional facilities or services based upon the cost structure utilized in establishing the cost for the areas that were initially contracted. 15. DELETION OF SERVICES: 15.1. The City reserves the right to delete any portion of this contract at any time without cause. If such right is exercised, the total fee shall be reduced by the amount established for that service. If work has already been accomplished on the portion of the contract to be deleted, the Contractor shall be paid for the deleted portion on the basis of the percentage of completion. 16. TEXAS LAW:This agreement shall be governed according to the laws of the State of Texas. 17. IMMIGRATION REFORM CONTROL ACT OF 1986: Contractor shall be responsible for compliance with the Immigration Reform Control Act of 1986. 18. BACKGROUND CHECKS: 18.1. The successful bidder agrees to conduct background checks on all employees that will be assigned to perform duties on City property and furnish said findings to the City prior to commencement of work. 18.2. In an effort to provide the safest possible environment for City employees and enhance the security of physical resources,the City reserves the right to independently conduct criminal background checks on applicable employees of successful bidder. 18.3. The City of Round Rock reserves the right to act as sole interpreter and authority relative to results of background checks. employees from duties required by this contract. 18.5. Failure to remove or replace disqualified employees immediately after identification shall be grounds for termination of this contract by the City without prior notice. 18.6. This action shall be consistent with the requirements of the law and prudent practices, and shall conform to the requirements of Texas Government Code 559.003, as it may be amended from time to time 19. MAKE READY SERVICES: The City will not allow a"Make Ready Charge"for additional time, supplies, and equipment to bring each building up to standard. If, in the opinion of the bidder, the buildings are not up to standard, the successful bidder shall be allowed to bring the building up to standard over a period of time not to exceed two(2)months from the date of contract. 20. HOURS OF WORK: The following are the hours work may begin and the hours they shall terminate. LOCATION COMMENCE TERMINATE City Hall: 221 E. Main Street Monday, 5:00 P.M. Saturday, 7:00 A.M. (5 days/week) Library: 216 E. Main Street Sunday, 9:00 P.M. Saturday, 7:00 A.M. (6 days/week) Public Works: 212 Commerce Cove Monday, 5:00 P.M. Friday, 7:00 A.M. (5 days/week) 2008 Enterprise(Front& Bldg B)Monday, 5:00 P.M. Friday, 7:00 A.M. (5 days/week) Police: 615 Palm Valley Blvd. (A,B,&C) Sunday, 7:00 P.M. Saturday 11:30 P.M. (7 days/week) Vehicle Maintenance : 901 Luther Peterson Monday 5:00 P.M. Friday, 11:30 P.M. (5 days/week) McConico Building: 10 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 301 West Baghdad Monday, 5:00 P.M. Friday, 11:30 P.M. (5 days/week) PARD (Yard site) 300 S. Burnet(Bldg. C) Monday, 5:00 P.M. Friday, 7:00 A.M. (5 days/week) Clay Madsen Rec. Center: 1600 Gattis School Rd. Sunday, 7:00 P.M. Saturday, 11:30 P.M. (7 days/week) Utility Support Building: 5494 N. IH-35 Monday 5:00 P.M. Friday, 11:30 P.M. (5 days/week) Streets/Waterline Maintenance: 910 Luther Peterson Monday 5:00 P.M. Friday, 11:30 P.M. (5 days/week) Water Treatment Plant: 5494 N. IH-35 Monday 5:00 P.M. Friday, 11:30 P.M. (5 days/week) 20.1. The City Council Chambers at City Hall and the McConico Building are used for meetings several nights each week. The successful bidder shall ensure that the hallways and Chambers are cleaned after each meeting. Cleaning is to be done before 7:00 A.M. the next business day. Cleaning is to be not to be done during or immediately before or after a meeting. Before a meeting is when preparation is being made for the meeting and/or participants are beginning to arrive for the meeting. After a meeting is when items used during the meeting are being removed and/or all participants have not left the chambers. 21. BUILDING LOCATION AND SQUARE FEET: BUILDING LOCATION SQUARE FEET City Hall 221 E. Main 24,000 Library 216 E. Main 42,000 Public Works 212 Commerce Cove 4,750 Public Works 2008 Enterprise 13,322 Police, Bldg.A,B,C 605 &615 Palm Valley Blvd. 31,920 PARD Yard Site 300 S. Burnet(Bldg. C) 1,790 Clay Madsen Rec. Center 1600 Gattis School Rd_ 3R nnn c onico Bldg. 301 West Baghdad 26,382 Vehicle Maint. Fac. 901 Luther Peterson 750 Streets/Waterline 910 Luther Peterson 1,900 jk Utility Support 5494 N. IH 35 900 Water Treatment 5494 N. IH-35 14,876 TOTAL 200,590 22. MAINTENANCE CONDITIONS: It is the responsibility of the successful bidder to maintain all areas where custodial maintenance services are provided in a neat and attractive condition. Furniture, trash and waste containers, desk materials, files, cabinets and equipment shall generally be returned to their original location if required to be moved during cleaning. 23. PERSONNEL: The successful bidder's personnel shall present a neat appearance and perform their work understanding that the City is a public entity requiring concern for the City's public relations. 24. CLEANING SPECIFICATIONS: Services to be completed at all locations unless designated otherwise in scope of individual locations. 24.1. DAILY: Each day the following shall be done: 24.1.1. Spot clean all interior glass/frames, glass panels, side glass and entry doors. 24.1.2. Empty all trash receptacles, spot clean replace liners as required. Includes recycling containers. 24.1.3. Clean and polish all bright work/metal trim removing fingerprints, smudges, water and other marks. 24.1.4. Sweep/dry mop non-carpeted floors, including stairs and landings. Damp mop floors and stairs with clean water and solutions required by manufacturer's standards. Remove all foreign substances such as gum or tar. Maximum care shall be taken by the Contractor on a daily basis to maintain the highest quality appearance of hard surface floors. 11 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 24.1.5. Spot clean all hard surface walls to hand height of fingerprints, dust, soil, gum, etc., utilizing clean water or solutions required by manufacturer's standards. Maximum care shall be taken by the Contractor on a daily basis to maintain the highest quality appearance of hard surface walls. 24.1.6. Detail clean/polish all threshold plates and elevator tracks removing soil. 24.1.7. Remove all trash and refuse to designate areas. 24.1.8. Clean, disinfect, and polish drinking fountains, removing all water residue from top, mouthpiece and sides. Spot clean adjacent walls and floor due to water splash. 24.1.9. Spot clean light switches. Remove fingerprints from switches and adjacent wall. 24.1.10. Vacuum entire carpeted area (wall to wall), including elevators, beyond normal traffic lanes. Includes under and around all furniture. Care shall be taken not to bang walls when moving furniture. 24.1.11. Spot clean all carpets. Remove stains, deposits, gum, and spills. 24.1.12. Wipe clean all tables, counters, and shelves. 24.1.13. Clean floor, walls and doors of elevator in Parking Garage. 24.2. WEEKLY: Once per week, the following shall be done: 24.2.1. Corners and edges of floors shall be swept or vacuumed to remove all dirt and dust. 24.2.2. Thoroughly dust all chair and table legs and baseboards. 24.2.3. Buff/polish non-carpeted floors as required by manufacturer's standards to retain a uniform bright appearance. Attention shall be paid to edges, corners, and behind doors. At all times, the Contractor shall utilize non-slip floor finishes. 24.2.4. Wipe clean all baseboards upon completion of once weekly floor treatment. 24.2.5. Thoroughly dust with treated cloth window frames and sills. 2426 n11Sf hinh anti Qw fivi,irnc 24.2.7. Ensure all walls, ceilings, fixtures, and corners are free of cobwebs. 24.2.8. Clean custodian closet/storage areas to include washing sink, dust mop and wet floor, restocking supplies and equipment. 24.2.9. Floor mats- remove gum and spots, wash with mild detergent/soap, rinse, and let dry before placing back on floor. 24.2.10. Fabric chairs and couches - remove gum and spot clean. 24.2.11. Clean stairwell steps. Apply non-slip cleaner to restore new-look finish. 24.3. MONTHLY: Once per month, the following shall be done: 24.3.1. Thoroughly vacuum all upholstered furniture. 24.3.2. Thoroughly clean all wall, ceiling and floor vents. 24.3.3. Spot clean baseboards, removing heel marks and soil. 24.3.4. Thoroughly dust with clean cloth, all window blinds. Spot wash as needed. Accomplish all high dusting not reached as described in Part II paragraphs, 5.0 and 6.0. 24.3.5. Dust and clean ceiling diffusers. 24.3.6. Dust and clean all return vents. 24.3.7. Remove smudges from walls. 24.3.8. Vacuum all upholstered furniture. 24.3.9. Damp wipe telephones using disinfectant. 24.3.10. Machine strip and apply wax to vinyl flooring, including elevator floors, so as present the best possible appearance at all times. 24.3.11. Clean and polish inside surface of all windows as needed, but not less than every two(2)months. 24.3.12. Dust bookshelves in library. 24.3.13. Machine scrub all ceramic tile restroom floors and disinfect. WAX SHALL NOT BE USED ON CERAMIC FLOORS. 12 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 24.3.14. Machine scrub ceramic tile floors in hall ways and rooms 101 and 105 in City Hall. 24.4. QUARTERLY—Work to be done within the 1St, 4th, 7th and 10th months of the contract. 24.4.1. Strip hard surface floors and refinish with two (2)coats of sealer and three (3) coats of floor wax/polish with products per this specification. All old"wax" build-up; especially in corners and along baseboards shall be removed. 24.4.2. Thoroughly clean all light fixtures and lenses. 24.4.3. Thoroughly clean all windows and blinds.31E 25. BREAK ROOM 25.1. DAILY: Once per day, the following shall be done: 25.1.1. Wipe clean and sanitize all counter tops, refrigerators (exterior), tables, chairs, cabinets, (exterior),coffee makers (exterior), vending machines, microwave ovens (exterior), exterior of trash receptacles and paper towel dispensers. 25.1.2. Clean, polish and sanitize all surfaces of sink with germicidal detergent, wiping excess liquid off of faucet and adjacent walls. Polish all. 25.1.3. Sweep between and around vending machines, refrigerators, cabinets, etc. 25.1.4. Sweep and wet mop with germicidal detergent non-carpeted floors. 25.1.5. Spot clean walls. 25.1.6. Spot clean carpets removing stains, deposits, gum, and spills. 26. RESTROOMS 26.1. DAILY: Once per day, the following shall be done: 26.1.1. Sweep, then wet mop restroom floors with germicidal detergent and clean water, including baseboard. Maximum care shall be taken to remove and prevent staining to floor surface and grout. detergent,wiping excess liquid off of adjacent walls, fixtures and partitions. 26.1.3. Clean empty restroom dispensers and refill with supplies, making sure that there is no soap residue at spout of dispenser. Remove wrapper from toilet paper. Contractor shall not leave extra rolls of toilet paper or paper towels in restrooms unless dispenser shall hold more than one roll. 26.1.4. Wash and polish mirror, basin shelves/counters, bright work, soap dispensers, piping and push plates on doors, making sure there is no residue build-up anywhere on bright work. 26.1.5. Dust partitions, ledges and doors. Spot clean light switches,doors and walls. 26.1.6. Spot clean restroom wall partitions including ceramic tile, removing streaks, smudges and graffiti. Maximum care shall be taken to prevent staining to wall tile and grout. 26.1.7. Waste receptacles are to be emptied and spot cleaned; liners, provided by Contractor, are to be replaced. Trash is to be removed to pre-designated area. 26.1.8. Clean and refill sanitary machines with supplies to be provided by City of Round Rock. 26.1.9. Showers are to be completely cleaned with germicidal detergent and free of soap water residue build-up anywhere. 26.1.10. Fill floor drains with water and pour a capful of enzyme bacteria product daily in drains. 26.1.11. Wash all restroom partitions on both sides, including doors, hinges, and partition seams. 26.1.12. Note: The City of Round Rock shall supply air sanitizer for special existing dispensers. 27. COMPUTER ROOM AREA 13 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 27.1. Areas: Computer Room areas are located at 221 E. Main Street on the 2nd floor and at the Library at 216 E. Main Street. These areas require different cleaning requirements. 27.2. Hours: Services in the Computer Room areas shall be provided once a month during the period of 7:30a.m.— 11:00 a.m. 27.3. Operator Present: Computer Room operator shall be present at all times that cleaning is performed in the Computer/Printer Room, Computer Workroom, Repair and Storage rooms. 27.3.1. Contractor shall be responsible for coordinating work schedule with availability of Computer Room operator. 27.4. Computer Cleaning Services: Only custodians trained in cleaning of computers can perform this work. 27.4.1. Clean each week using lint free tags. 27.4.2. Always spray chemical on cloth, never directly on computer or keyboard. 27.4.3. Use Windex or equivalent to clean monitor screen. 27.4.4. Use Fantastic or equivalent to clean monitor and keyboard. 27.4.5. Use foam tip swab to clean between keys on keyboard. 27.4.6. 91% Isopropyl Alcohol shall be used to remove ballpoint pen and permanent marker. 27.5. Additional Cleaning Requirements: Because of the high potential for damage to electrical cabling and other equipment below the raised Computer Room floor, the following precautions shall be observed: 27.5.1. A computer room operator shall be present to assist in moving computer equipment as needed and to coordinate the cleaning in accordance with proper procedures. 27.5.2. No dust or dirt is to become airborne. No vacuuming, dry dusting, or dust mopping maybe performed in the Computer Rnnm _ No mop buckets, other containers of liquids, spray cans, or spray bottles may be taken into the Computer Room. 27.5.4. Mops and cloths shall be cleaned, rinsed, and thoroughly wrung out the outside the Computer Room so that no water can drip through cracks or ventilation holes in the floor tiles or onto equipment. Cloths used for cleaning shall be low-lint cloths. Care shall be taken not to damage or soil the acoustical walls. 28. PRODUCT SPECIFICATIONS 28.1. Water Emulsion Metal-Link Polymer Floor Finish: This specification covers a self-polishing, slip resistant,all synthetic water emulsion floor finish intended for use on, and not detrimental to, sealed and finished wood surfaces, asphalt tile, linoleum, rubber, vinyl composition, painted concrete, terrazzo and cement surfaces. The product is to be used without dilution except as may be recommended by the manufacturer. Acid sensitive emulsions are excluded. Product shall not contain oil or be oil-based in nature. 28.1.1. The finish shall consist of all synthetic components. It shall contain no natural waxes. 28.1.2. The finish shall contain a minimum of fifteen percent (15%)non-volatile material. 28.1.3. The finish shall consist of polyacrylic and polyethylene components. Polymers shall be metal-linked to provide excellent detergent resistance. 28.1.4. The product shall be safe for use on all kinds of floors, including asphalt, vinyl, linoleum, terrazzo, marble, sealed wood, cork, rubber and other composition tile surfaces. 28.1.5. The product shall produce a colorless, rough, non-slip, water resistant coating having a very high gloss. 28.1.6. The finish shall be re-coatable within fifteen 15 minutes, or as recommended by manufacturer, after prior coat has dried. Second coat shall not whiten nor lift the first coat-it shall produce enhanced gloss. 14 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 28.1.7. The product shall resist scuffing, powdering and scratching under traffic to a satisfactory degree and shall respond to buffing. 28.1.8. The finish shall level well on application without streaking or puddling. 28.1.9. The finish shall resist wet cleaning with alkaline detergents without being removed from the floor and without destroying gloss. However, it shall be easily removable by common stripping methods. 28.1.10. The product shall not be acid sensitive and shall resist acidic cleaners and strippers, including acidic soft drinks and fruit juices. 28.1.11. The finish shall be non-yellowing on the floor and shall be milk white in the original container, rather than yellow. 28.1.12. The finish shall bear the UL seal of approval for slip resistance on the label. 28.1.13. The finish shall be film forming at usual temperatures and shall produce no powdering and no crazing. 28.1.14. The finish shall be completely waterproof within twelve (12)hours after application. Product shall have good-to-excellent water resistance. 28.1.15. The finish shall be free from objectionable odor and shall not develop an offensive odor upon storage in the original unopened container. 28.2. Water Emulsion Type Floor Wax or Finish Remover(Stripper):This specification covers commercial wax remover for use in stripping water emulsion floor wax or finish (including the metal-link polymers)from vinyl, rubber, asphalt and other composition floor surfaces. Also for use as a heavy duty cleaner for ceramic and conductive floors. The compound shall be a liquid of one grade only. Product shall not contain oil or be oil-based in nature. 28.2.1. The compound shall be homogeneous, highly concentrated free-flowing liquid, and so formulated that it may be diluted with clear water. It shall be composed of synthetic detergents, alkaline builders and sequestering agents. It shall not cause skin irritations when used in accordance with directions. 28.2-2. The compound Shall ha frac ringing anri free from odor mth*Gh might ho objectionable under conditions of use. 28.2.3. The compound shall not contain any fatty acid soaps. 28.2.4. The compound shall be stable and not lose its original effectiveness or otherwise deteriorate when stored for nine (9)months in a closed shipping container at room temperature. 28.2.5. The non-volatile content shall not be less than 6.5% at 105 degrees C. 28.2.6. The pH value of a 1.0% by weight solution shall be between 2.6 and 12.0. 28.2.7. The compound shall be completely mixed with tap water in all proportions. 28.3. Quaternary Ammonium Chloride Detergent/Disinfectant: This specification covers one type of synthetic detergent and germicide liquid cleaner. Designed for general cleaning, sanitizing and deodorizing in one operation. 28.3.1. The cleaner disinfectant shall be a balanced blend of synthetic organic detergents, inorganic alkaline builders,water softening agents and synthetic quaternary ammonium germicide. Color shall be optional. 28.3.2. The cleaner disinfectant shall not contain any soap, mercury compounds, chlorine, peroxide or formaldehyde, or materials that release such compounds when diluted according to directions. The product shall be safe to use in food preparation areas, 100%biodegradable. 28.3.3. Anti-microbial Requirements: The disinfectant shall have a phenol coefficient of about 10.0 against S. Typhosa and Staphylococcus Aureus by the A.O.A.C. confirmation test at a one to sixty-four(1:64)dilution. The disinfectant shall kill Pseudomonas Acruginosa at a one to sixty-four(1:64) dilution and shall be effective against both Gram positive and Gram negative organisms. 28.3.4. Odor: A one to sixty-four(1:64)dilution of the cleaner disinfectant in distilled water shall be substantially odorless and shall not develop an unpleasant odor on surfaces cleaned. 28.3.5. Quaternary ammonium content shall be 3.80% active, minimum. 15 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 28.3.6. Non-volatile content at 150 degrees C shall be 12.0% minimum. 28.3.7. Hard Water Tolerance: Effective within thirty(30)seconds in waters up to and including 750 p.p.m. of hardness. 28.3.8. Cleaning Efficiency:A one to sixty-four(1:64)dilution of the cleaner shall exhibit a cleaning efficiency of not less than eighty percent(80%)when tested as described in Paragraph 4.4.6 of Federal Specification PC-431 a. In solution, the cleaner shall provide adequate, but not excessive, suds. 28.3.9. Approval: The product shall be approved by the USDA, be EPA registered for use in Federally Inspected Meat Packing and Poultry Processing establishments. The disinfectant shall be acceptable for medical and non-medical uses. 28.4. Lotion Cleanser:This specification covers a lotion type abrasive disinfectant cleanser for the cleaning of porcelain surfaces and for general maintenance use. Product shall not contain oil or be oil-based in nature. 28.4.1. The cleanser shall be made from high quality soap, abrasive and disinfectant agents, uniformly mixed. Small amounts of other ingredients may be added to improve the quality of the cleanser. 28.4.2. The cleanser shall be a white or an attractive, pleasing color, scented or unscented, and of uniform composition. 28.4.3. Rinseability: Complete. 28.4.4. The moisture content shall not exceed fifty-five percent(55%). 28.4.5. Anhydrous synthetic detergent content-five-percent(5%)minimum to ten- percent(10%)maximum. 28.4.6. Abrasive content shall not be less than thirty percent(30%). 28.4.7. PH value of this liquid shall be between seven (7)and ten (10). 28.4.8. Product shall not separate when stored at fifty(50)degrees C for seven days. 28.5. Non-Acid Type Bowl Cleaner: This specification covers a non-acid-type bowl cleaner for rlc_cr�linn-i rli�infen4in , le-11-1 5 that shall cling to bowl and urinal surfaces it cleans. 28.5.1. Compound shall contain no hydrochloric acid. 28.5.2. The compound shall be a stable liquid and not lose effectiveness or otherwise deteriorate when stored in a closed container at room temperature. 28.5.3. Compound shall be safe on porcelain and chrome, one-hundred-percent (100%)biodegradable, non-flammable. 28.5.4. Compound shall remove rust, water minerals,lime, soap scum, body oils, grease,with excellent hard water tolerance. 28.5.5. Compound shall be free of harmful alkaline or abrasives. 28.5.6. Liquid product shall be packaged in thirty-two ounce (32 oz.)container with flip-open cap. 28.5.7. Use of two ounces (2 oz.)shall be sufficient to remove soil, rust, lime scale and uric incrustation as well as disinfect and deodorize under normal conditions. 28.5.8. Product shall not be detrimental to china and glass surfaces at full strength. Product shall not be detrimental to glazed and ceramic tile, carpeting. Shall not interfere with the digestive operation in septic tank systems. Shall be non-fuming. Shall have minimum viscosity of 200 cps. 28.6. Glass Cleaner: Non-aerosol liquid glass cleaner covered by this specification is intended primarily for use on windows, mirrors and other glass surfaces. Product shall not contain oil or be oil-based in nature. 28.6.1. The compound shall be a blend of synthetic organic detergents, alcohol, solvents and germicidal components; it shall not contain any perfume, ammonia or inorganic alkalis. 28.6.2. Cleaning efficiency-when the compound is properly applied to glass surfaces and polished, it shall leave the surface free from dust, grime, and ordinary soil material. 16 of 20 t 'r SPECIFICATION NO. 04-910-39 DATE: January 2004 28.6.3. Flash point-the Flash point of the liquid shall be not less than 105 degrees F. 28.6.4. PH value-the pH value of the liquid shall be not less than 11.0 or more than 11.5 at 25 degrees C. 28.7. Concentrated Synthetic Cleaner: This specification covers one grade of a liquid concentrated compound suitable for wet cleaning for both painted and unpainted surfaces where hard or soft water prevails. It shall be an effective cleaning agent for use on wood, rubber, asphalt tile, terrazzo marble or concrete floors. Product shall not contain oil or be oil-based in nature. 28.7.1. Compound shall be composed of low sudsing cleaners to be used on floors, floor finishes, and have a mild odor. 28.7.2. The ingredients shall be assembled to form a homogeneous liquid with no more than a trace of suspended matter. It shall be biodegradable. 28.7.3. The compound shall be non-caustic and contain no soap, inorganic materials. 28.7.4. Compound shall be completely multiple water soluble in distilled water at room temperature. 28.7.5. Compound shall contain no free alkali or ammonia. 28.7.6. Compound shall contain no free oil, abrasives or other harmful ingredients and shall not be irritating to the skin. 28.7.7. Compound shall be non-flammable. The compound shall be stable and not let its original effectiveness or otherwise deteriorate when stored for nine (9) months in a closed shipping container at room temperature. 28.7.8. PH of the compound shall be 6.0-8.0 PHS at one-percent (I%)concentration. 28.7.9. Emulsification of grease, oil and dirt-very good. 28.7.10. Free rinsing-excellent. 28.7.11. Foaming-moderate with excellent stability in the presence of grease and oil. 28.7.12. Use dilution for normal finished floor mopping-about sixty to one (60:1). designated to clean and protect metal surfaces. Product shall not contain oil or be oil- based in nature. 28.8.1. Solution shall be a blend of solvents and polishing agents, which shall remove grease, fingerprints and light soil. 28.8.2. It shall provide protective water resistance; prevent rusting, corrosion and discoloration. 28.8.3. It shall contain no harsh abrasives. 28.8.4. It shall be non-aerosol and safe to use on drinking fountains and eye washes 28.9. Furniture Polish: This specification covers a non-aerosol agent designed to clean and polish wood and wood product surfaces. 28.9.1. It shall be a blend of silicone, oils,waxes and cleaning agents. 28.9.2. It shall remove dust, smudges, fingerprints and stains. It shall protect surfaces and does not smear. 28.9.3. It shall have a pleasant odor and be water based with no harmful solvents. 28.9.4. It shall be safe on all-wood surfaces, leather, vinyl and counter/table tops. 28.9.5. Solution shall not leave a film and not attract dirt particles. 28.10. Graffiti Remover: This specification covers a product designed to remove ink, pencil, crayon, lipstick, adhesives, grease and other agents on painted and unpainted surfaces such as walls,wood surfaces, floor, Formica and fiberglass. 28.10.1. Solution shall not harm or remove finishes from surface. 28.10.2. It shall be non-aerosol. 28.10.3. It shall be non-flammable. 28.11. All-Purpose Cleaner: This specification covers one grade of a liquid cleaning compound suitable for cleaning all types of surfaces. 28.11.1. Solution shall be a concentrated water-soluble ingredient with pH factor of 11.0 to 12.5. 17 of 20 t t SPECIFICATION NO. 04-910-39 DATE: January 2004 28.11.2. Solution shall be biodegradable. 28.11.3. Solution shall be applied and wiped off with no rinsing required. 28.11.4. Solution shall remove all common soils from most surfaces. 28.11.5. It shall not streak or leave a film. Product shall not contain oil or be oil-based in nature. 28.11.6. Solution shall contain no phosphates, ammonia or other abrasive materials. 28.11.7. Solution shall be pleasant smelling. 28.12. Enzyme Bacteria Products: This specification covers a non-aerosol enzyme digestant that dissolves odors in floor drains. 28.12.1. Solution shall have a pleasant odor. 28.12.2. Solution shall work to neutralize odors with use of high activity enzymes and bacterial cultures. 28.12.3. Solution shall be non-acid and non-corrosive and shall not harm plumbing. 28.12.4. Solution shall be used to neutralize odors under and around toilets, sinks and urinals. 28.12.5. Solution shall continue to neutralize odors even after product has dried on surface. 28.12.6. Solution shall have active bacterial count of at least 37 billion per gallon. 28.12.7. pH range shall be 7.0 to 8.5 28.12.8. Solution shall have no flash point. 28.13. Degreaser: This product covers a non-butyl cleaner and degreaser designed to remove a wide variety of grease and soil on any surface not harmed by water. 28.13.1. Solution shall be water based, biodegradable product containing rust inhibitors. 28.13.2. Solution shall remove soap scum and body oils in showers and washroom surfaces. 28.13.3. Solution shall be non-flammable, free rinsing and non-filming and contain no 28.13.4. Dilution rate shall be sixteen to one (16:1)for general cleaning, one to eight (1:8)for heavy duty cleaning. 28.13.5. Solution may be used with pressure washers and foam guns. 28.13.6. Solution shall be USDA approved. 28.13.7. PH value shall not exceed 12.0. 28.13.8. Solution shall be suitable for use on floors and walls in soft or hard water. 28.13.9. Composition shall consist of a blend of synthetic detergents, solvents and alkalis. 28.14. Hard-Water Deposit Remover:This product concerns an extra strength cleaner designed to remove hard water scale and discoloration. 28.14.1. Solution shall be designed to cling to surfaces. 28.14.2. It shall be safe to use on chrome, ceramic tile, and porcelain surfaces. 28.14.3. Solution shall be biodegradable and contain no hydrochloric acid. 28.14.4. It shall be pleasant scented. 28.15. Spot Remover: This product is designated to remove stains and spots from most types of carpets. 28.15.1. Solution shall be safe for use on most carpet surfaces. 28.15.2. Solution shall be used on upholstery, textiles, vinyl, leathers, and synthetics. 28.15.3. Solution shall be effective in the removal of red dye and products containing this dye. 28.15.4. Solution shall remove gum and other adhesives. 28.15.5. Solution shall be a deodorizer and enzyme digestant. 28.15.6. Solution shall be pH balanced and be effective on most types of stains found in commercial buildings. 28.15.7. Product shall not contain oil or be oil-based in nature. 18 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 PART IV AWARD OF CONTRACT 1. The bidder shall furnish the names, addresses, and telephone numbers of not less than four(4) references in Williamson and/or Travis Counties where services are provided that are of a similar nature as those described in this specification. Failure to provide this information may disqualify the bid for consideration for award. 2. Any negative responses to reference inquire may be grounds for rejection of any bid. 3. Sufficient supporting documentation shall be provided to assist the City in evaluating each Bid. Unsupported statements (e. g. "Shalt Comply')are unacceptable. Bidders shall submit any and all information necessary to allow the City to evaluate the firm. 4. Bid Submittal Instructions-General 4.1. The Bidder shall define the ability of its organization to meet the intended standards of this Specification. 4.2. The response shall be specific and complete in every detail, prepared in a simple straightforward manner. 4.3. Bidder is advised to read this Specification in its entirety. 4.4. Failure to read or understand any portion of this Specification shall not be cause for waiver of any portion of this Specification. 19 of 20 r' 4 SPECIFICATION NO. 04-910-39 DATE: January 2004 PART V MAN-HOURS List the number of man-hours per day and night your bid includes to efficiently and effectively comply with these specifications for each of the following buildings: BUILDING/LOCATION SQ. FT MAN-HOURS City Hall 221 E. Main 24,000 _7 Library 216 E. Main 42,000 /02 Public Works 300 S.Commerce 4,750 Public Works 2008 Enterprise 13,322 Police, Bldg.A, B, C 605 Palm Valley Blvd. 31,920 a PARD Yard Site 300 S. Burnet 1,790 Clay Madsen Rec. Ctr. 1600 Gattis School Rd. 38,000 McConico Bldg. 301 W. Baghdad 26,382 Vehicle Maint. Facility 901 Luther Peterson 750 Streets/Waterline Maint.910 Luther Peterson 1,900 7C /. 7,5- Utility ,Utility Support 5494 N. IH 35 900 Water Plant 5494 N. IH-35 14,876 REFERENCES List below the name, address, telephone number and contact person of not less than four(4)references in Williamson and/or Travis Counties where services are provided that are of a similar nature as those described in the attached specification. NAME &ADDRESS TELEPHONE CONTACT PERSON(s) �X�C ` +e � y Nl--ctaY A �T�. '7g7s� 37y 05, � ahk N�►� PART V SHALL BE RETURNED WITH THE BID RESPONSE Failure to provide this required information with the bid response may automatically disqualify the response from consideration for award in connection with this transaction. 20 of 20 K-B CONTRACT CLEANING INC. Lewis Bowland,President Paul Bowland,Vice President Amy Garrett,Treasurer P.O.Box 9101 Austin,Texas 78766 Voice:512-452-9509 Fax: 512-452-9500 Part IV Page 19 of 20 Item 4.1 K-B Contract Cleaning shall provide adequate man-hours to complete the daily, weekly, monthly, and quarterly services as described in the contract specifications. Each location shall have trained custodians to provide the daily services with acceptable Background checks. Adequate equipment and supplies will be put in each building necessary to perform all tasks. There shall be a working supervisor in each location. The weekly, monthly, and quarterly floor service shall be accomplished by trained floor techs and not the basic custodial staff. K-B Contract Cleaning will have a PM site supervisor to evaluate the services, control the performance of all custodians while the service is in progress and after completion, verify that all work was completed. Should there be complaints or inspections not up to the city standards, K-B Contract Cleaning will respond within the city's request to complete the unacceptable work in a timely manner. 813 TAULBEE LANE.AUSTIN TEXAS 78757 Email: paul@k-bcc.com Serving Austin Since 1974 BID TAB-BID NUMBER'.04001 VENDOR VENDOR VENDOR V 130R VENDOR VENDOR VENDOR W1,10011VENDOR VENDOR VENDOR VENDOR VENDOR MD.- atON1 3:aoPM Clean Across 3e Cleaning Round Rock I.S.D. Jahmor A&E Majestikleen,Incl K-13KATCO K.I.S.S. G&L Janl-King Building Works US -1 Cleaning Services J.M1w1.1 Texas Janitorial Janitorial Contract Cleanin Services JANITORIAL of Austin TOTAL BID AMOUNT IMon1KM $ 29,431.00 $ 26,677.44 $ 48,353.00 $ 31,268.40 $ 21,957.12 $ 18,702.50 $ 14,418.17 $ 13,073.85 $ 23,076.00 $ 10,031.00 $ 31,587.00 $ 20,874.17 $ 19,615.00 CITY NALL 24.000 $ 3,500.00 $ 2,400.00 $ 5,202.00 $ 3.600.00 $ 2,640.00 $ 1,320.00 $ 1,392.85 $ 1,421.10 $ 2,120.00 $ 972.00 $ 2,387.00 $ 1.887.77 $ 1,920.00 221 E.M.In 30aa1 .I LIBRARY 12.000 $ 6,125.00 $ 4,840.00 $ 5,202.00 $ 6,300.00 $ 4,620.00 $ 3,780.00 $ 2,906.96 $ 2,984.31 $ 4,403.00 $ 1,644.00 $ 4,732.00 $ 3,512.08 $ 3,360.0 21BE.M.F- .f PUBLICWORKS 4.7. $ 583.00 $ 478.00 $ 2,901.00 $ 713.00 $ 522.50 $ 420.00 $ 275.50 $ 296.35 $ 312.00 $ 625.00 $ 757.00 $ 392.26 $ 495.00 1212 Cwm,nn I f PUBLIC WORKS 13,322 $ 1,750.00 $ 1,302.21 $ 4,087.00 $ 1,998.00 $ 1,465.42 $ 1,300.00 $ 772.68 $ 831.16 $ 1,034.00 $ 764.00 $ 1,820.00 $ 1,165.84 $ 1,065.00 2009 E,Ywpue .1 POL CE B s BOS'815 P.In m $ 4,375.00 $ 3,821.00 $ 6,429.00 $ 5,107.00 $ 3,511.20 $ 3.876.00 $ 3,032.40 $ 1,991.49 $ 4,049.00 $ 1,344.00 $ 6,137.00 $ 4,124.71 V.r.y .1 PARD_SAe 1.]00 $ 400.00 $ 716.00 $ 2,141.00 $ 269.00 $ 240.00 $ 105.00 $ 116.35 $ 111.68 $ 185.00 $ 350.00 $ 297.00 $ 348.98 $ 1,432.00 "s B~ .1 CIAY MADMN RC 38,000 ] 1aw Gia sMoa $ 5.541.00 $ 6,180.00 $ 6,702.00 $ 6,080.00 $ 4,180.00 $ 4,642.50 $ 2,985.16 $ 2,370.82 $ 5,788.00 $ 1,644.00 $ 7,210.00 $ 4,281.33 Ra MOCONIOO M3B2 BUILDING $ 3,791.00 $ 2,728.00 $ 5,202.00 $ 3.957.00 $ 2,902.00 $ 1,451.00 $ 1,530.16 $ 1,646.00 $ 2,330.00 $ 999.00 $ 3.844.00 $ 2,312.93 $ 2,110.00 301 WeM BepEeO .f VEHICLE MAINT. ]MI w1 L- $ 350.00 $ 360.00 $ 1,429.00 $ 113.00 NO BID $ 98.00 $ 112.50 $ 318.19 $ 340.00 $ 225.00 $ 330.00 $ 285.56 PN.mn °I BTREET-LM 6100 10 e10 L- $ 600.00 $ 1,632.23 $ 3,612.00 $ 765.00 NO BID $ 415.00 $ 295.80 $ 118.50 $ 876.00 $ 350.00 $ 910.00 $ 578.58 $ 1.150.00 PNe,wn sl UTLITYSUPPORT Y00 $ 375.00 $ 410.00 $ 1,081.00 $ 135.00 $ 240.00 $ 105.00 $ 135.00 $ 56.15 $ 325.00 $ 250.00 $ 303.00 $ 325.23 $ 700.00 S-1-114-35 .f WATER PLANT 14.era $ 2,041.00 $ 1,810.00 $ 4,365.00 $ 2,231.40 $ 1,636.00 $ 1,190.00 $ 862.81 $ 928.10 $ 1,314.00 $ 864.00 $ 2,860.00 $ 1,658.90 $ 1,190.00 2 51W NOM IH.JS .f ADDITIONAL±' Sq u REDDESTED $ 17.00 $ 12.58 $ 15.00 $ 18.78 $ 11.09 $ 8.50 $ 9.75 $ 28.00 $ 12.00 $ 7.00 $ 13.00 $ 13.50 $ 11.0 sERvprsADDITIONALARKT $ 0.12 $ 0.10 $ 0.05 $ 0.15 $ 0.10 $ 0.06 $ 0.065 $ 0.075 $ 0.10 $ 0.17 $ 0.08 $ 0.12 $ 0.12 EXiMCipN CLEANING 9AL INC A PERCENTAGE OR$FoR OPTIoNAL YEARS IMonlh nil-All Facll FIRST OPTIONAL YEAR 2% 0% 3% 3% 1% 1% 0.025% 0% 0% 1% 5% 3% 0% S Ismmq M.ren+2^�I $ 30,019.62 $ 26,677.44 $ 49,803.59 $ 32,206.45 $ 22,176.69 $ 18,889.53 $ 14,421.77 $ 13,073.85 $ 23,076.00 $ 10,131.31 $ 33,166.35 $ 21,500.40 $ 19,615.00 MCONDOPTIONALYEAR 1.50% 10% 3% 5% 1% 1.50% 0.025% 2% 0% 1% 5% 3% 0% 1 (-AN-1.2009) $ 30,461.09 $ 29,345.18 $ 51,254.18 $ 33,769.87 $ 22,396.26 $ 19,170.06 $ 14,425.38 $ 13,335.33 $ 23,076.00 $ 10,231.62 $ 34,745.70 $ 22,126.62 $ 19,615.00 THRD OPTIONAL YEAR 1% 0% 3% 5% 1% 2% 0.025% 2% 3% 1% 5% 3% 0% 1] Sym,OMrOK,. 7) Is 30,765.70 $ 29,345.18 $ 52,791.81 $ 35,458.37 $ 22,620.23 $ 19,553.46 $ 14,428.99 $ 13,602.03 $ 23,768.28 $ 10,333.94 $ 36,482.99 $ 22,790.42 $ 19,615.00 TOTAL-1M r«. 353 172.00 320 129.28 580 236.00 375 220.80 263 485.44 224 430.00 173,01 156 886.20 276 912.00 120 372.00 379 044.00 250 490.04 235 380.00 roru-2oeY«.I:w.I,N,«..) 360 235.44 320 129.28 597 643.08 386 477.42 266 120.29 226 674.30 173 061.29 156 886.20 276 912.00 121 575.72 397 996.20 258 004.74 235 380.00 roru-3N Y.,I. 365 533.02 352 142.21 6,5:6 15 050.16 405 238.46 268 755.15 230 040.75 173 104.55 160 023.92 276 912.00 122 779.44 416 948.40 265 519.44 235 380.00 To---Y-(inc.inm-) 369 188.35 352 142.21 633 501.66 425 500.39 271 442.70 234 641.57 173 147.83 163 224.40 285 219.36 124 007.23 437 795.82 273 485.03 235 380.00 CONTRACT TOTAL 1 44812 8.81 1 344 542.98 2 426 430.90 1 592 437.08 1 069 803.58 915 786.62 692 331.71 637 020.73 1 115 955.36 488 734.39 1 631 784.42 1 047 499.25 941 520.00 Bidder Man Hours Bid Price Man Hour Bid Price Reputation Meets City Needs Past TOTAL Bid (4 yr.Total) Cost Score Quality Similar Exper. Level of Effort Relationship Point Value : � 10 X ,:1d35 "I(} 100' Clean Across Texas 109.50 $ 1,448,128.81 $ 12.72 17.36 9.00 10.00 35.00 0.00 71.36 K-B Contract Cleaning 65.00 $ 718,460.12 $ 10.63 35.00 8.00 3.50 21.87 0.00 68.37 3e Cleaning 136.50 $ 1,344,542.98 $ 9.47 18.70 9.00 1.20 35.00 0.00 63.90 Round Rock I.S.D. 106.75 $ 2,426,430.90 $ 21.86 10.36 9.00 10.00 35.00 0.00 64.36 Ma'estikleen, Inc. 69.75 $ 915,786.62 $ 12.62 27.46 3.00 10.00 23.47 0.00 63.93 Building Works USA 56.78 $ 1,047,499.25 $ 17.74 24.01 6.00 3.20 19.11 0.00 52.32 Jahmor Janitorial 52.35 $ 1,592,437.08 $ 29.25 15.79 4.00 10.00 17.79 0.00 47.58 Jani-King of Austin 87.16 $ 1,631,784.42 $ 18.00 15.41 3.00 1 10.00 29.33 -10.00 47.74 K.I.S.S. 61.00 $ 1,115,955.36 $ 17.59 22.53 3.00 1 10.00 20.53 -10.00 46.06 The following bidders were classified as NON-RESPONSIVE and excluded from evaluation scoring process: G&L Janitorial Failure to submit proposed man-hours, failure to submit required references KATCO Services Failure to submit required references A-1 Cleaning Services Failure to submit bid on Water Plant janitorial services A&E Cleaning Failure to submit bid on Street&Water Building janitorial services Scoring Evaluation Comments: Evaluation Formulas: Bid Price Lowest Bid Price(718 460.12/Bid Price)x Point Value(35) Similar Experience Similar Experience =(percentage)Based on similar work of square footage provided "Full credit was given to all who met or exceeded similar experience Level of Effort ( Proposed man-hours/Base man-hours 104)x Point Value(35) "No additional points given for exceeding 104 man-hours (Reputation/Quality: Jahmor Two of four were good cleaning contacts and one of four had fired company. Building Works USA One of the references work was not done by B W USA another gave vendor less than good rating, would not hire again. Majestikleen Two of the four references given did not give good rating i Janitorial Services De tlD Fund FY 2002-2003 Actual 2003-2004 Budget , 2 04.2�05�Pr osed' 5286 114000 100 1,552.44 4,000 00 5286 15000 100 825.00 $00 00 5286 19000 100 17,813.27 30,00000 '�,,,.= u'_.. 2 , Ei00' 5286 20000 1100 61,056.00 71,000 00 ', 735(7ob 5286 21000 100 51,347.23 58,500 00 .,, 5 ; •00 5286 23000 100 16,138.22 27,000 00 � 5286 23007 100 77,157.46 72,600 00 5286 25000 100 17,712.99 28,000 00 21;000:06' 5286 26000 100 6,780.99 15,000.00 8000�6 5286 27000 100 1 0,000 00 32'C1�.00' 5286 28000 100 9,455.83 10,000 00 ,_�` x 4, i1t :00 5286 29000 100 4,482.23 11,00000 ?, �20©00 5286 40000 200 12,800.00 24;500:00 5286 41000 200 5286 42000 200 3,655.00 3,600 00 ,, , 4,500:00 5286 43000 200 6,388.47 12,000 00 5286 63000 1200 1-,800,00 5286 81000 1200 1 11,035.181 18,000.00 15; 14:00' 284,575.31 371,525.00 ; 302;601}.00 Based''on°pricing;per recommend& provider :Ct.EAN i4CR05`S,'TEXAS .......... .. ..................................................................................................................................................... 01/. .$0/2004 13:46 FAX 5122187028 CORR PURCHASING 002/002 INVITATION FOR BID ADDENDUM PURCHASING OFFICE CITY OF ROUND ROCK, TEXAS IFS No. 04-004 Addendum No. 1 Date of Addendum: January 30, 2004 The Above Invitation For Bid(IFB)has been changed to include the following: 1. Revision of estimated square footage for STREETSIWATERLINE MAINTENANCE BUILDING,910 Luther Peterson: please revise estimate to 5,100 square feet. IFB, Page 2 of 2 Specification#04990-39, Page 11 of 20 Speciffcation#04-990-39, Page 20 of 20 2. Please revise the specification 24.4.3.to the following: Thoroughly clean interior of all windows and blinds. Specification#04-990-39, Page 13 of 20 All other terms and conditions of this IFB and specifications remain unchanged. Approved b F' Y By the signatures affixed below,Addendum No. 1 is hereby incorporated into and made a part of the above referenced Invitation For Bid. ACKNOW ED E Vendor Authorized Signature Date RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUE GROUNDS FOR REJECTION OF YOUR BID. EXHIBIT a 8 "An t r C}+ ! INVITATION FOR BID(IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E.Main Street Round Rock,Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE BIDDING INFORMATION:JANITORIAL SERVICES AT THE ABOVE ADDRESS BEFORE BID FACSIMILE RESPONSES BID NUMBER 04-004 OPENING TIME. SHALL NOT BE ACCEPTED OPENING DATE 2/10/2004 at 3:00 P.M. BID LOCATION: 221 E.Main Street,1st Floor Council Chambers Round Rock,Texas 78664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID INVOICE TO: SHOW BID OPENING DATE b BID NUMBER IN LOWER LEFT City of Round Rock HAND CORNER OF SEALED BID BIDDER SHALL SIGN BELOW Accounts Payable ENVELOPE d SHOW RETURN Failure to sign bid will disqualify bid 221 East Main Street ADDRESS OF BIDDING FIRM. Round Rock, Texas 78664.5299 Z",Os� Authorized 'Signature /', Date BID F.O.B.DESTINATION f e/w I-s B o'^-' LA�D UNLESS OTHERWISE SPECIFIED BELOW Print Name DESTINATION: S��E//E 1.7 ON BACK FOR INSTRUCTIONS: TAX ID NO.: �'�77" LEGAL BUSINESS NAME: 13 Q rAJ. /�//A Various locations -fifteen (15) ' 0 City owned facilities as per the ADDRESS: , 0. L36 - attached specification#04-910- ADDRESS: !JS )( J6 39, dated 0112004. CONTACT: /,S f wLA41D -� 01 S U04 AICD _ TELEPHONE NO.: -5/.2- I j/.2- BUSINESS ENTITY TYPE: "By the signature hereon affixed,the bidder hereby certifies that neither the bidder nor the entity represented by the bidder,or anyone acting for such entity has violated the antitrust laws of this State,codified in Section 15.01 et seq., Texas Business and Commerce Code,or the Federal antitrust laws,nor communicated directly or indirectly,the bid made to any competitor or any other person engaged in such line of business." This is to establish a twelve(12)month contract for the goods and labor to clean fifteen(15)City owned facilities identified in the attached specification#04-910-39. This contract may be renewed for three(3)additional periods of time not to exceed twelve(12)months for each renewal provided both parties agree per specification No.04-910.39, dated 1/04. Best Bid Evaluation:All bids received shall be evaluated based on the best value for the City,which will be determined by considering all or part of the following criteria: Bid price; Reputation of the bidder and of bidder's goods and services;The quality of the bidder's goods or services;The extent to which the goods or services meet the City's needs; Bidder's past relationship with the City;any relevant criteria specifically listed in the solicitation. 'NOTE:ONE OR MORE AWARDS MAY BE FOR ALL ITEMS LISTED OR IN PART,WHICHEVER IS IN THE BEST INTEREST OF THE CITY. Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. All items listed on the following page are in accordance with Specification No.04-910-39,dated 112004. Page 1 of 2 .................................................. CLASS&ITEM ITEM# 910-39 DESCRIPTION EXTENSION Monthly rate for CITY HALL 24,000 sf-Bid to include all pricing to 1 meet specified requirements listed in $ 9eys 221 East Main Street attached specification 04-910-39. Per Calendar Month Monthly rate for LIBRARY 42,000 sf-Bid to include all pricing to g 2 meet specified requirements listed in $ , 216 East Main Street attached specification 04-910-39. Per calendar Month Monthly rate for PUBLIC WORKS 4,750 sf-Bid to include all pricing to 3 meet specified requirements listed in $cR7J, 212 Commerce attached specification 04-910-39. Per calendar Month Monthly rate for PUBLIC WORKS 13,322 sf-Bid to include all pricing to p 4 meet specified requirements listed in $'� , �ij O 2008 Enterprise attached specification 04-910-39. Per calendar Month Monthly rate for POLICE(Buildings A, B and C) 31,920 sf-Bid to include all pricing to 5 meet specified requirements listed in $3 605 and 615 Palm Valley Boulevard attached specification 04-910-39. Per calendar Month Monthly rate for PARD Yard Site 1,790 sf-Bid to include all pricing to / 6 meet specified requirements listed in $ 1 r lam• �j 300 S.Burnet(Building C) attached specification 04-910-39. Per calendar Month Monthly rate for CLAY MADSEN REC.CENTER 38,000 sf-Bid to include all pricing to 7 meet specified requirements listed in $ 5, �6 1600 Gattis School Road attached specification 04-910-39. Per calendar Month Monthly rate for McCONNICO BUILDING 26,382 sf-Bid to include all pricing to . /r 8 meet specified requirements listed in $ v 301 West Bagdad attached specification 04-910-39. Per calendar Month Monthly rate for VEHICLE MAINTENANCE 750 sf-Bid to include all pricing to meet 9 specified requirements listed in $ 50 901 Luther Peterson attached specification 04-910-39. Per calendar Month 10 Monthly rate for STREETS/WATERLINE MAIN. 1,900 sf-Bid to include all pricing to an meet specified requirements listed in $p2 g�. 0(/ 910 Luther PetersonAge i �arj qQ,,2Qd attached specification 04-910-39. Per calendar Month Monthly rate for UTILITY SUPPORT BUILD NG 900 sf-Bid to include all pricing to meet 11 specified requirements listed in $ 5494 North IH-35 attached specification 04-910-39. Per calendar Month Monthly rate for WATER PLANT 14,876 sf-Bid to include all pricing to 12 meet specified requirements listed in $ g46 , 5494 North IH-35 attached specification 04-910-39. Per Calendar Month 2 ADDITIONAL REQUESTED SERVICES Hourly labor rate per employee-all $ s equipment and supplies included 70 Per Hour 3 ADDITIONAL CARPET EXTRACTION AND CLEANING Upon request by City of Round Rock $ ' 06.5 Per Square Foot PROPOSAL INCREASE BY PERCENTAGE FOR OPTIONAL YEARS(Monthly Rate-All Facilities) 4 FIRST OPTIONAL YEAR(Starting March 1,2005) 0.-2 ,5 $ s %increase Per Calendar Month 5 SECOND OPTIONAL YEAR(Starting March 1,2006) n $ 9, %increase Per Calendar Month 6 THIRD OPTIONAL YEAR(Starting March 1,2007) , Qc2 -5 $ - 70, 70 %increase Per Calendar Month Page 2 of 2 SPECIFICATION NO. 04-910-39 DATE: January 2004 CITY OF ROUND ROCK JANITORIAL SERVICES 1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and labor to clean fifteen (15) City owned facilities identified on the Invitation For Bid (IFB). 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods, equipment or services. 2.2. City—Identifies the City of Round Rock, Williamson County, Texas. 2.3. Contract—A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Contractor—A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. Purchase Order-is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified. 2.7. Subcontractor-Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Randy Barker Purchasing Supervisor City of Round Rock Telephone: 512-218-3295 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. PART I GENERAL CLAUSES AND CONDITIONS 1. The Contractor shall provide all labor and goods necessary to perform the project. The Contractor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s')or subcontractor(s')employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 1 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 4. BEST BID EVALUATION:All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 4.1. Bid price 4.2. Reputation of the bidder and of bidder's goods and services. 4.3. The quality of the bidder's goods or services. 4.4. The extent to which the goods or services meet the City's needs 4.5. Bidder's past relationship with the City. All bidders will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 5. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers'compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 6. CODES, PERMITS AND LICENSES:The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 7. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re-advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 8. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 9. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives,volunteers, employees or subcontractors. 9.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 9.2. The following standard insurance policies shall be required: 9.2.1. General Liability Policy 9.2.2. Automobile Liability Policy 9.2.3. Worker's Compensation Policy 9.3. The following general requirements are applicable to all policies: 9.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 9.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 2 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 9.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 9.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 9.3.5. Policies shall include, but not be limited to,the following minimum limits: 9.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 9.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for each occurrence. 9.3.5.3. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with minimum limits for: 9.3.5.3.1. Bodily Injury of$100,000.00 each person, and $300,000.00 for each occurrence, and 9.3.5.3.2. Property Damage Minimum limits of$50,000.00 for each occurrence. 9.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 9.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 9.4. The City shall be entitled, upon request and without expense, to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 9.5. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: 9.5.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 9.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear)as to all applicable coverage. 9.5.3. Provide thirty days notice to the City of cancellation, non-renewal, or material changes 9.5.4. Remove all language on the certificate of insurance indicating: 9.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 9.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 9.5.5. Provide for notice to the City at the addresses listed below by registered mail: 9.5.6. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 9.5.7. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 9.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 9.5.9. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 3 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 9.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock,TX 78664-5299 Round Rock,TX 78664 9.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 9.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 10. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 10.1. Certificate of coverage("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 10.2. Duration of the project-includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the OWNER. 10.3. Persons providing services on the proiect("subcontractor')in Section 406.096-includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors,subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity,which furnishes persons to provide services on the project. "Services"include,without limitation, providing, hauling, or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services"does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries, and delivery of portable toilets. 10.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the project,for the duration of the project. 10.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 10.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project,the CONTRACTOR must, prior to the end of the coverage period,file a new certificate of coverage with the OWNER showing that coverage has been extended. 10.7. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 10.7.1. A certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and 10.7.2. No later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period 4 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 shown on the current certificate of coverage ends during the duration of the project. 10.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 10.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or shall have known, or any change that materially affects the provision of coverage of any person providing services on the project, 10.10. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 10.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,to: 10.11.1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all its employees providing services on the project,for the duration of the project; 10.11.2. Provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 10.11.3. Provide the CONTRACTOR, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 10.11.4. Obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 10.11.5. A certificate of coverage, prior to the other person beginning work on the project; and 10.11.6. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 10.11.7. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 10.11.8. Notify the OWNER in writing by certified mail or personal delivery,within 10 calendar days after the person knew or shall have known, of any change that materially affects the provision of coverage of any person providing services on the project;and 10.11.9. Contractually require each person with whom it contracts, to perform as required by paragraphs (A through G), with the certificates of coverage to be provided to the person for whom they are providing services. 10.12. By signing the solicitation associated with this specification, or providing, or causing to be provided a certificate of coverage,the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured,with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 10.13. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. 5 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 11. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 12. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 13. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PART II DELIVERY,SERVICE,ACCEPTANCE AND PAYMENT 1. SERVICE: The successful bidder shall have service and maintenance available to the City within a 130 mile radius of the City, and shall be able to respond to a request for service: 1.1. Within 2 hours of notification for on-site service and/or maintenance. 2. INVOICING: Contractor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Accounts Payable 221 East Main Street Round Rock,TX78664-5299 3. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 3.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 3.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 3.3. There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. 4. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. PART III SPECIFICATIONS 1. STATEMENT OF INTENT: This specification describes the terms and conditions for providing services to clean and maintain fifteen (15)City of Round Rock buildings. These specifications cover only the general requirements. Bidders shall be responsible for furnishing and carrying out the service that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that is designed for the intended application. 6 of 20 , I SPECIFICATION NO. 04-910-39 DATE: January 2004 2. BIDDER QUALIFICATONS:The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the best value from information submitted with the bid. All bidders shall furnish the following information at a minimum: 2.1. References: Provide the name, address, telephone number and point of contract of at least three firms that have utilized the same or similar services for at least 2 years. References may be checked prior to award. Any negative responses received may result in disqualification of bid for award. 2.2. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 3. PURPOSE: For the supply of custodial services for a twelve (12)month period in accordance with the following specifications: 3.1. The Contractor shall provide the cleaning equipment specified in cleaning equipment specifications. The cleaning equipment and product specifications and standard of performance listed shall be considered as the minimum cleaning equipment and product specifications and standard of performance required to perform acceptable services at the facilities listed. It is not the City's intent to require a specific brand of product; however, the City reserves the right to require the Contractor to use cleaning materials conforming to the specifications listed if the Contractor's cleaning products do not, in the City's opinion, provide effective sanitation and/or cleanliness of the facilities. 3.2. The Contractor shall furnish any and all cleaners, disinfectants, waxes, wax stripping materials, wastebasket liners, disposable bags for sanitary disposal, deodorant bars for toilets and urinals, air fresheners, and any other products required to provide the cleaning services specified herein. 3.3. The City will provide hand towels, toilet tissue, hand soaps, hand cleanser/conditioner, and lights. The Contractor shall fill dispensers. 3.4. The Contractor shall be responsible for the scheduling of the cleaning requirements specified herein. Work shall be scheduled in such a way that it does not disrupt the functions and normal day-to-day activity of the City facilities. The City reserves the right to approve and make suggested changes to the schedule set up by the Contractor. It is expressly understood by the Contractor that the intent of this Contract is to supply the complete custodial services for the interior portions of the buildings listed. 3.5. The Contractor shall submit a complete work schedule for each month and service location to: 3.5.1. Facilities Maintenance Division, 2015 Lamar, Round Rock, Texas, 78664,within fifteen (15)calendar days after award. 3.6. A supervisor representing the successful Contractor shall be on site at all times Monday through Sunday according to the Hours of Work Schedule. A joint inspection, coordinated with the City's Facilities Maintenance Manager, is required once per month. 3.7. The City of Round Rock shall be sole judge of said quality and required frequency of services provided herewith. 3.8. The Contractor shall be staffed to maintain optimum conditions of cleanliness. If the level of cleaning at any time is considered to be unacceptable to the City of Round Rock, the Contractor will be required to increase his staff or take whatever measures are required to provide acceptable cleanliness. 4. STANDARDS: The Facilities Maintenance Manager shall evaluate custodial service using the following standards: 4.1. Dusting: A properly dusted surface is free of all dirt and dust, streaks, lint and cobwebs. Dusting shall be accomplished with properly treated cloths. 7 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 4.2. Plumbing Fixture and Dispenser Cleaning: Plumbing fixtures and dispensers are clean when free of all deposits and stains so that the item is left without dust, streaks, film, odor or stains. 4.3. SweepingNacuuming: A properly swept floor is free of all dirt, grit, lint and debris, except embedded dirt and grit. 4.4. Spot Cleaning:A surface adequately spot cleaned is free of all stains, deposits, and is substantially free of cleaning marks. 4.5. Damp Mopping: A satisfactorily damp mopped floor is without dirt, dust, marks, film, streaks, debris or standing water. 4.6. Metal Cleaning:All cleaned metal surfaces are without deposits or tarnish and with a uniformly bright appearance. The cleaner used is to be removed from adjacent surfaces. 4.7. Glass Cleaning: Glass is clean when all glass surfaces are without streaks, film,deposits and stains, and have a uniformly bright appearance and adjacent surfaces have been wiped clean. 4.8. Floor Finish Removal (Stripping): Removal is accomplished when surfaces have all finish removed down to the flooring materials, are free of all dirt, stains, deposits, debris, cleaning solution and standing water, and the floor has a uniform appearance when dry. Plain water rinse and pick-up shall follow finish removal operation immediately. 4.9. Finished Floor(Application): A floor is satisfactorily finished when all old wax/polish has been completely removed, including in corners and along edges and sufficient coats of sealer and wax/polish have been properly applied with enough drying time between each coat to assure no streaking, bubbling or yellowing and is not splashed on wall or furniture. 4.10. Scrubbing: Scrubbing is satisfactorily performed when all surfaces are without embedded dirt, cleaning solution, film, debris, stains and marks, or standing water and floor has a uniformly clean appearance. A plain water rinse shall follow the scrubbing process immediately. 4.11. Wall Washing: After cleaning, the surfaces of all walls, ceilings, exposed pipes and equipment shall have a uniformly clean appearance, free from dirt, stains, streaks, lint and cleaning marks. Painted surfaces shall not be unduly damaged. Hard finish wainscot or glazed ceramic tile surfaces shall be bright, free of film streaks and deposits. 4.12. Buffing of Finished Floor Surfaces:All finished floor areas shall be spray buffed sufficiently for maximum gloss, removal of surface dirt and have a uniform appearance. Only non-skid and City approved spray-buff products shall be used. 4.13. Spot Cleaning Carpets: A carpet adequately spot cleaned is free of all stains, deposits, gum, and spills. Care shall be taken to use a product that shall not harm or discolor the carpet fibers. 5. Pre-bid conferences will be conducted Thursday, January 29, 2004 and Thursday, February 5, 2004 at 9:30a.m. 221 East Main Street, City Council Chambers in Round Rock, TX. 5.1. A Facilities Maintenance Coordinator will conduct a site inspection tour immediately following the pre-bid conferences on January 29, 2004 and February 5, 2004. Bidders are required to provide their own transportation for the site inspection tour. 5.2. Bidders shall sign in at the site inspection to become aware of all conditions affecting performance and bid prices. 6. For site information and appointment for one of the above listed site visits, bidders may contact: PETE DOMINGUEZ (512) 801-4547 8 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 The individual listed above may be telephoned or visited for site information and inspection only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the city. 7. DEFECTIVE WORK AND DAMAGES:The successful bidder shall be responsible for damage to the City's equipment and/or the work place and its contents, by its work, negligence in work, its personnel and equipment. 7.1. The City may, at its sole option, require the successful bidder to correct any and all defective work or damages and the successful bidder shall correct it within forty-eight (48) hours of notification. 7.2. If the successful bidder fails to make said corrections within this time frame, the City may withhold from payments due or to become due an amount to correct said defective work or damages. 8. ACCIDENT PREVENTION AND LIABILITY: The successful bidder shall be responsible and liable for the safety, injury and health of its working personnel while its employees are performing service work. 9. LABOR AND EQUIPMENT: The successful bidder shall provide all labor and equipment necessary to perform this service. 9.1. All employees of the successful bidder shall be no less than eighteen (18)years of age, and shall be experienced in the type of work to be performed. 9.2. No visitors,wives, husbands, relatives, or children of the successful bidder's employees shall be allowed in the workplace during the working hours specified herein, unless they are bona fide employees of the successful bidder. 9.3. Any breach of this requirement may be grounds for immediate termination of the contract. 10. SUPERVISION: The successful bidder shall, at all times, have a representative who is authorized to receive and executive directives, on behalf of the successful bidder, from the City's authorized representative. 11. SECURITY: The successful bidder shall at all times assure that the City's property is secure and protected and that access to the buildings is denied to all persons. Additionally, no person shall be allowed in the building that is not covered by the successful bidders insurance and bond. 12. TERM OF CONTRACT: 12.1. The contract shall be for twelve (12)consecutive months with the City,which shall commence from the date of award forward. 12.2. The City reserves the right to extend (with mutual agreement of the successful bidder)the contract for four(4)additional twelve (12) month periods beginning at the end of the original and each succeeding period. 13. CANCELLATION: 13.1. The City reserves the right, during any annual contract period, to cancel all or part of the contract: 13.2. The City reserves the right to review bidder performance within thirty(30) days without notice if three (3) major complaints of substandard performance are received in the same month from the same building. 13.2.1. The City retains the right to determine what constitutes a major complaint. 13.3. The successful bidder may cancel this contract for cause by providing one-hundred twenty(120)days written notice to the City. Termination under this paragraph shall not relieve the successful bidder of any obligation or liability that has occurred prior to cancellation. 14. ADDITIONAL SERVICES: 9 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 14.1. The City may require the addition of services from the Contractor as the requirements of the City change. This may entail additional facility areas and/or additional services required at contracted facilities. The Contractor shall provide the City with a cost for these additional facilities or services based upon the cost structure utilized in establishing the cost for the areas that were initially contracted. 15. DELETION OF SERVICES: 15.1. The City reserves the right to delete any portion of this contract at any time without cause. If such right is exercised, the total fee shall be reduced by the amount established for that service. If work has already been accomplished on the portion of the contract to be deleted, the Contractor shall be paid for the deleted portion on the basis of the percentage of completion. 16. TEXAS LAW:This agreement shall be governed according to the laws of the State of Texas. 17. IMMIGRATION REFORM CONTROL ACT OF 1986: Contractor shall be responsible for compliance with the Immigration Reform Control Act of 1986. 18. BACKGROUND CHECKS: 18.1. The successful bidder agrees to conduct background checks on all employees that will be assigned to perform duties on City property and furnish said findings to the City prior to commencement of work. 18.2. In an effort to provide the safest possible environment for City employees and enhance the security of physical resources, the City reserves the right to independently conduct criminal background checks on applicable employees of successful bidder. 18.3. The City of Round Rock reserves the right to act as sole interpreter and authority relative to results of background checks. 18.4. Negative or less than desirable findings of said background check shall disqualify employees from duties required by this contract. 18.5. Failure to remove or replace disqualified employees immediately after identification shall be grounds for termination of this contract by the City without prior notice. 18.6. This action shall be consistent with the requirements of the law and prudent practices, and shall conform to the requirements of Texas Government Code 559.003, as it may be amended from time to time 19. MAKE READY SERVICES: The City will not allow a "Make Ready Charge"for additional time, supplies, and equipment to bring each building up to standard. If, in the opinion of the bidder, the buildings are not up to standard, the successful bidder shall be allowed to bring the building up to standard over a period of time not to exceed two (2) months from the date of contract. 20. HOURS OF WORK: The following are the hours work may begin and the hours they shall terminate. LOCATION COMMENCE TERMINATE City Hall: 221 E. Main Street Monday, 5:00 P.M. Saturday, 7:00 A.M. (5 days/week) Library: 216 E. Main Street Sunday, 9:00 P.M. Saturday, 7:00 A.M. (6 days/week) Public Works: 212 Commerce Cove Monday, 5:00 P.M. Friday, 7:00 A.M. (5 days/week) 2008 Enterprise (Front& Bldg B)Monday, 5:00 P.M. Friday, 7:00 A.M. (5 days/week) Police: 615 Palm Valley Blvd. (A,B,&C) Sunday, 7:00 P.M. Saturday 11:30 P.M. (7 days/week) Vehicle Maintenance : 901 Luther Peterson Monday 5:00 P.M. Friday, 11:30 P.M. (5 days/week) McConico Building: 10 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 301 West Baghdad Monday, 5:00 P.M. Friday, 11:30 P.M. (5 days/week) PARD (Yard site) 300 S. Burnet(Bldg. C) Monday, 5:00 P.M. Friday, 7:00 A.M. (5 days/week) Clay Madsen Rec. Center: 1600 Gattis School Rd. Sunday, 7:00 P.M. Saturday, 11:30 P.M. (7 days/week) Utility Support Building: 5494 N. IH-35 Monday 5:00 P.M. Friday, 11:30 P.M. (5 days/week) Streets/Waterline Maintenance: 910 Luther Peterson Monday 5:00 P.M. Friday, 11:30 P.M. (5 days/week) Water Treatment Plant: 5494 N. IH-35 Monday 5:00 P.M. Friday, 11:30 P.M. (5 days/week) 20.1. The City Council Chambers at City Hall and the McConico Building are used for meetings several nights each week. The successful bidder shall ensure that the hallways and Chambers are cleaned after each meeting. Cleaning is to be done before 7:00 A.M. the next business day. Cleaning is to be not to be done during or immediately before or after a meeting. Before a meeting is when preparation is being made for the meeting and/or participants are beginning to arrive for the meeting. After a meeting is when items used during the meeting are being removed and/or all participants have not left the chambers. 21. BUILDING LOCATION AND SQUARE FEET: BUILDING LOCATION SQUARE FEET City Hall 221 E. Main 24,000 Library 216 E. Main 42,000 Public Works 212 Commerce Cove 4,750 Public Works 2008 Enterprise 13,322 Police, Bldg. A,B,C 605 &615 Palm Valley Blvd. 31,920 PARD Yard Site 300 S. Burnet (Bldg. C) 1,790 Clay Madsen Rec. Center 1600 Gattis School Rd. 38,000 McConico Bldg. 301 West Baghdad 26,382 Vehicle Maint. Fac. 901 Luther Peterson 750 Streets/Waterline 910 Luther Peterson 1,900 jk Utility Support 5494 N. IH 35 900 Water Treatment 5494 N. IH-35 14,876 TOTAL 200,590 .2 03� '7'q © �` • 22. MAINTENANCE CONDITIONS: It is the responsibility of the successful bidder to maintain all areas where custodial maintenance services are provided in a neat and attractive condition. Furniture, trash and waste containers, desk materials,files, cabinets and equipment shall generally be returned to their original location if required to be moved during cleaning. 23. PERSONNEL: The successful bidder's personnel shall present a neat appearance and perform their work understanding that the City is a public entity requiring concern for the City's public relations. 24. CLEANING SPECIFICATIONS: Services to be completed at all locations unless designated otherwise in scope of individual locations. 24.1. DAILY: Each day the following shall be done: 24.1.1. Spot clean all interior glass/frames, glass panels, side glass and entry doors. 24.1.2. Empty all trash receptacles, spot clean replace liners as required. Includes recycling containers. 24.1.3. Clean and polish all bright work/metal trim removing fingerprints, smudges, water and other marks. 24.1.4. Sweep/dry mop non-carpeted floors, including stairs and landings. Damp mop floors and stairs with clean water and solutions required by manufacturer's standards. Remove all foreign substances such as gum or tar. Maximum care shall be taken by the Contractor on a daily basis to maintain the highest quality appearance of hard surface floors. 11 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 24.1.5. Spot clean all hard surface walls to hand height of fingerprints, dust, soil, gum, etc., utilizing clean water or solutions required by manufacturer's standards. Maximum care shall be taken by the Contractor on a daily basis to maintain the highest quality appearance of hard surface walls. 24.1.6. Detail clean/polish all threshold plates and elevator tracks removing soil. 24.1.7. Remove all trash and refuse to designate areas. 24.1.8. Clean, disinfect, and polish drinking fountains, removing all water residue from top, mouthpiece and sides. Spot clean adjacent walls and floor due to water splash. 24.1.9. Spot clean light switches. Remove fingerprints from switches and adjacent wall. 24.1.10. Vacuum entire carpeted area (wall to wall), including elevators, beyond normal traffic lanes. Includes under and around all furniture. Care shall be taken not to bang walls when moving furniture. 24.1.11. Spot clean all carpets. Remove stains, deposits, gum, and spills. 24.1.12. Wipe clean all tables, counters, and shelves. 24.1.13. Clean floor,walls and doors of elevator in Parking Garage. 24.2. WEEKLY: Once per week, the following shall be done: 24.2.1. Corners and edges of floors shall be swept or vacuumed to remove all dirt and dust. 24.2.2. Thoroughly dust all chair and table legs and baseboards. 24.2.3. Buff/polish non-carpeted floors as required by manufacturer's standards to retain a uniform bright appearance. Attention shall be paid to edges, corners, and behind doors. At all times, the Contractor shall utilize non-slip floor finishes. 24.2.4. Wipe clean all baseboards upon completion of once weekly floor treatment. 24.2.5. Thoroughly dust with treated cloth window frames and sills. 24.2.6. Dust high and low fixtures. 24.2.7. Ensure all walls, ceilings, fixtures, and corners are free of cobwebs. 24.2.8. Clean custodian closet/storage areas to include washing sink, dust mop and wet floor, restocking supplies and equipment. 24.2.9. Floor mats - remove gum and spots, wash with mild detergent/soap, rinse, and let dry before placing back on floor. 24.2.10. Fabric chairs and couches - remove gum and spot clean. 24.2.11. Clean stairwell steps. Apply non-slip cleaner to restore new-look finish. 24.3. MONTHLY: Once per month, the following shall be done: 24.3.1. Thoroughly vacuum all upholstered furniture. 24.3.2. Thoroughly clean all wall, ceiling and floor vents. 24.3.3. Spot clean baseboards, removing heel marks and soil. 24.3.4. Thoroughly dust with clean cloth, all window blinds. Spot wash as needed. Accomplish all high dusting not reached as described in Part II paragraphs, 5.0 and 6.0. 24.3.5. Dust and clean ceiling diffusers. 24.3.6. Dust and clean all return vents. 24.3.7. Remove smudges from walls. 24.3.8. Vacuum all upholstered furniture. 24.3.9. Damp wipe telephones using disinfectant. 24.3.10. Machine strip and apply wax to vinyl flooring, including elevator floors, so as present the best possible appearance at all times. 24.3.11. Clean and polish inside surface of all windows as needed, but not less than every two (2)months. 24.3.12. Dust bookshelves in library. 24.3.13. Machine scrub all ceramic tile restroom floors and disinfect. WAX SHALL NOT BE USED ON CERAMIC FLOORS. 12 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 24.3.14. Machine scrub ceramic tile floors in hall ways and rooms 101 and 105 in City Hall. 24.4. QUARTERLY—Work to be done within the 1St 07th and 10th months of the contract. 24.4.1. Strip hard surface floors and refinish with two (2)coats of sealer and three (3) coats of floor wax/polish with products per this specification. All old "wax" build-up; especially in corners and along baseboards shall be removed. 24.4.2. Thoroughly clean all light fixtures and lenses. 24.4.3. Thoroughly clean all windows and blinds.SIF 25. BREAK ROOM 25.1. DAILY: Once per day, the following shall be done: 25.1.1. Wipe clean and sanitize all counter tops, refrigerators (exterior), tables, chairs, cabinets, (exterior), coffee makers (exterior), vending machines, microwave ovens (exterior), exterior of trash receptacles and paper towel dispensers. 25.1.2. Clean, polish and sanitize all surfaces of sink with germicidal detergent, wiping excess liquid off of faucet and adjacent walls. Polish all. 25.1.3. Sweep between and around vending machines, refrigerators, cabinets, etc. 25.1.4. Sweep and wet mop with germicidal detergent non-carpeted floors. 25.1.5. Spot clean walls. 25.1.6. Spot clean carpets removing stains, deposits, gum, and spills. 26. RESTROOMS 26.1. DAILY: Once per day, the following shall be done: 26.1.1. Sweep, then wet mop restroom floors with germicidal detergent and clean water, including baseboard. Maximum care shall be taken to remove and prevent staining to floor surface and grout. 26.1.2. Clean all surfaces of basins, bowls, toilet seats, and urinals with germicidal detergent, wiping excess liquid off of adjacent walls, fixtures and partitions. 26.1.3. Clean empty restroom dispensers and refill with supplies, making sure that there is no soap residue at spout of dispenser. Remove wrapper from toilet paper. Contractor shall not leave extra rolls of toilet paper or paper towels in restrooms unless dispenser shall hold more than one roll. 26.1.4. Wash and polish mirror, basin shelves/counters, bright work, soap dispensers, piping and push plates on doors, making sure there is no residue build-up anywhere on bright work. 26.1.5. Dust partitions, ledges and doors. Spot clean light switches, doors and walls. 26.1.6. Spot clean restroom wall partitions including ceramic tile, removing streaks, smudges and graffiti. Maximum care shall be taken to prevent staining to wall tile and grout. 26.1.7. Waste receptacles are to be emptied and spot cleaned; liners, provided by Contractor, are to be replaced. Trash is to be removed to pre-designated area. 26.1.8. Clean and refill sanitary machines with supplies to be provided by City of Round Rock. 26.1.9. Showers are to be completely cleaned with germicidal detergent and free of soap water residue build-up anywhere. 26.1.10. Fill floor drains with water and pour a capful of enzyme bacteria product daily in drains. 26.1.11. Wash all restroom partitions on both sides, including doors, hinges, and partition seams. 26.1.12. Note: The City of Round Rock shall supply air sanitizer for special existing dispensers. 27. COMPUTER ROOM AREA 13 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 27.1. Areas: Computer Room areas are located at 221 E. Main Street on the 2"d floor and at the Library at 216 E. Main Street. These areas require different cleaning requirements. 27.2. Hours: Services in the Computer Room areas shall be provided once a month during the period of 7:30a.m.— 11:00 a.m. 27.3. Operator Present: Computer Room operator shall be present at all times that cleaning is performed in the Computer/Printer Room, Computer Workroom, Repair and Storage rooms. 27.3.1. Contractor shall be responsible for coordinating work schedule with availability of Computer Room operator. 27.4. Computer Cleaning Services: Only custodians trained in cleaning of computers can perform this work. 27.4.1. Clean each week using lint free tags. 27.4.2. Always spray chemical on cloth, never directly on computer or keyboard. 27.4.3. Use Windex or equivalent to clean monitor screen. 27.4.4. Use Fantastic or equivalent to clean monitor and keyboard. 27.4.5. Use foam tip swab to clean between keys on keyboard. 27.4.6. 91% Isopropyl Alcohol shall be used to remove ballpoint pen and permanent marker. 27.5. Additional Cleaning Requirements: Because of the high potential for damage to electrical cabling and other equipment below the raised Computer Room floor, the following precautions shall be observed: 27.5.1. A computer room operator shall be present to assist in moving computer equipment as needed and to coordinate the cleaning in accordance with proper procedures. 27.5.2. No dust or dirt is to become airborne. No vacuuming, dry dusting, or dust mopping may be performed in the Computer Room. 27.5.3. No mop buckets, other containers of liquids, spray cans, or spray bottles may be taken into the Computer Room. 27.5.4. Mops and cloths shall be cleaned, rinsed, and thoroughly wrung out the outside the Computer Room so that no water can drip through cracks or ventilation holes in the floor tiles or onto equipment. Cloths used for cleaning shall be low-lint cloths. Care shall be taken not to damage or soil the acoustical walls. 28. PRODUCT SPECIFICATIONS 28.1. Water Emulsion Metal-Link Polymer Floor Finish: This specification covers a self-polishing, slip resistant, all synthetic water emulsion floor finish intended for use on, and not detrimental to, sealed and finished wood surfaces, asphalt tile, linoleum, rubber, vinyl composition, painted concrete, terrazzo and cement surfaces. The product is to be used without dilution except as may be recommended by the manufacturer. Acid sensitive emulsions are excluded. Product shall not contain oil or be oil-based in nature. 28.1.1. The finish shall consist of all synthetic components. It shall contain no natural waxes. 28.1.2. The finish shall contain a minimum of fifteen percent (15%) non-volatile material. 28.1.3. The finish shall consist of polyacrylic and polyethylene components. Polymers shall be metal-linked to provide excellent detergent resistance. 28.1.4. The product shall be safe for use on all kinds of floors, including asphalt, vinyl, linoleum, terrazzo, marble, sealed wood, cork, rubber and other composition the surfaces. 28.1.5. The product shall produce a colorless, rough, non-slip, water resistant coating having a very high gloss. 28.1.6. The finish shall be re-coatable within fifteen 15 minutes, or as recommended by manufacturer, after prior coat has dried. Second coat shall not whiten nor lift the first coat- it shall produce enhanced gloss. 14 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 28.1.7. The product shall resist scuffing, powdering and scratching under traffic to a satisfactory degree and shall respond to buffing. 28.1.8. The finish shall level well on application without streaking or puddling. 28.1.9. The finish shall resist wet cleaning with alkaline detergents without being removed from the floor and without destroying gloss. However, it shall be easily removable by common stripping methods. 28.1.10. The product shall not be acid sensitive and shall resist acidic cleaners and strippers, including acidic soft drinks and fruit juices. 28.1.11. The finish shall be non-yellowing on the floor and shall be milk white in the original container, rather than yellow. 28.1.12. The finish shall bear the UL seal of approval for slip resistance on the label. 28.1.13. The finish shall be film forming at usual temperatures and shall produce no powdering and no crazing. 28.1.14. The finish shall be completely waterproof within twelve (12) hours after application. Product shall have good-to-excellent water resistance. 28.1.15. The finish shall be free from objectionable odor and shall not develop an offensive odor upon storage in the original unopened container. 28.2. Water Emulsion Type Floor Wax or Finish Remover(Stripper):This specification covers commercial wax remover for use in stripping water emulsion floor wax or finish (including the metal-link polymers)from vinyl, rubber, asphalt and other composition floor surfaces. Also for use as a heavy duty cleaner for ceramic and conductive floors. The compound shall be a liquid of one grade only. Product shall not contain oil or be oil-based in nature. 28.2.1. The compound shall be homogeneous, highly concentrated free-flowing liquid, and so formulated that it may be diluted with clear water. It shall be composed of synthetic detergents, alkaline builders and sequestering agents. It shall not cause skin irritations when used in accordance with directions. 28.2.2. The compound shall be free rinsing and free from odor, which might be objectionable under conditions of use. 28.2.3. The compound shall not contain any fatty acid soaps. 28.2.4. The compound shall be stable and not lose its original effectiveness or otherwise deteriorate when stored for nine (9) months in a closed shipping container at room temperature. 28.2.5. The non-volatile content shall not be less than 6.5% at 105 degrees C. 28.2.6. The pH value of a 1.0% by weight solution shall be between 2.6 and 12.0. 28.2.7. The compound shall be completely mixed with tap water in all proportions. 28.3. Quaternary Ammonium Chloride Detergent/Disinfectant: This specification covers one type of synthetic detergent and germicide liquid cleaner. Designed for general cleaning, sanitizing and deodorizing in one operation. 28.3.1. The cleaner disinfectant shall be a balanced blend of synthetic organic detergents, inorganic alkaline builders,water softening agents and synthetic quaternary ammonium germicide. Color shall be optional. 28.3.2. The cleaner disinfectant shall not contain any soap, mercury compounds, chlorine, peroxide or formaldehyde, or materials that release such compounds when diluted according to directions. The product shall be safe to use in food preparation areas, 100% biodegradable. 28.3.3. Anti-microbial Requirements: The disinfectant shall have a phenol coefficient of about 10.0 against S. Typhosa and Staphylococcus Aureus by the A.O.A.C. confirmation test at a one to sixty-four(1:64)dilution. The disinfectant shall kill Pseudomonas Acruginosa at a one to sixty-four (1:64) dilution and shall be effective against both Gram positive and Gram negative organisms. 28.3.4. Odor: A one to sixty-four(1:64) dilution of the cleaner disinfectant in distilled water shall be substantially odorless and shall not develop an unpleasant odor on surfaces cleaned. 28.3.5. Quaternary ammonium content shall be 3.80% active, minimum. 15 of 20 C SPECIFICATION NO. 04-910-39 DATE: January 2004 28.3.6. Non-volatile content at 150 degrees C shall be 12.0% minimum. 28.3.7. Hard Water Tolerance: Effective within thirty(30)seconds in waters up to and including 750 p.p.m. of hardness. 28.3.8. Cleaning Efficiency:A one to sixty-four(1:64)dilution of the cleaner shall exhibit a cleaning efficiency of not less than eighty percent (80%)when tested as described in Paragraph 4.4.6 of Federal Specification PC-431 a. In solution, the cleaner shall provide adequate, but not excessive, suds. 28.3.9. Approval: The product shall be approved by the USDA, be EPA registered for use in Federally Inspected Meat Packing and Poultry Processing establishments. The disinfectant shall be acceptable for medical and non-medical uses. 28.4. Lotion Cleanser: This specification covers a lotion type abrasive disinfectant cleanser for the cleaning of porcelain surfaces and for general maintenance use. Product shall not contain oil or be oil-based in nature. 28.4.1. The cleanser shall be made from high quality soap, abrasive and disinfectant agents, uniformly mixed. Small amounts of other ingredients may be added to improve the quality of the cleanser. 28.4.2. The cleanser shall be a white or an attractive, pleasing color, scented or unscented, and of uniform composition. 28.4.3. Rinseability: Complete. 28.4.4. The moisture content shall not exceed fifty-five percent (55%). 28.4.5. Anhydrous synthetic detergent content-five-percent(5%)minimum to ten- percent(10%)maximum. 28.4.6. Abrasive content shall not be less than thirty percent(30%). 28.4.7. PH value of this liquid shall be between seven (7)and ten (10). 28.4.8. Product shall not separate when stored at fifty(50) degrees C for seven days. 28.5. Non-Acid Type Bowl Cleaner: This specification covers a non-acid-type bowl cleaner for de-scaling and disinfecting toilet bowls and urinals. Cleaner shall be a thick liquid formula that shall cling to bowl and urinal surfaces it cleans. 28.5.1. Compound shall contain no hydrochloric acid. 28.5.2. The compound shall be a stable liquid and not lose effectiveness or otherwise deteriorate when stored in a closed container at room temperature. 28.5.3. Compound shall be safe on porcelain and chrome, one-hundred-percent (100%) biodegradable, non-flammable. 28.5.4. Compound shall remove rust,water minerals, lime, soap scum, body oils, grease, with excellent hard water tolerance. 28.5.5. Compound shall be free of harmful alkaline or abrasives. 28.5.6. Liquid product shall be packaged in thirty-two ounce (32 oz.)container with flip-open cap. 28.5.7. Use of two ounces (2 oz.)shall be sufficient to remove soil, rust, lime scale and uric incrustation as well as disinfect and deodorize under normal conditions. 28.5.8. Product shall not be detrimental to china and glass surfaces at full strength. Product shall not be detrimental to glazed and ceramic tile, carpeting. Shall not interfere with the digestive operation in septic tank systems. Shall be non-fuming. Shall have minimum viscosity of 200 cps. 28.6. Glass Cleaner: Non-aerosol liquid glass cleaner covered by this specification is intended primarily for use on windows, mirrors and other glass surfaces. Product shall not contain oil or be oil-based in nature. 28.6.1. The compound shall be a blend of synthetic organic detergents, alcohol, solvents and germicidal components; it shall not contain any perfume, ammonia or inorganic alkalis. 28.6.2. Cleaning efficiency-when the compound is properly applied to glass surfaces and polished, it shall leave the surface free from dust, grime, and ordinary soil material. 16 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 28.6.3. Flash point-the flash point of the liquid shall be not less than 105 degrees F. 28.6.4. PH value-the pH value of the liquid shall be not less than 11.0 or more than 11.5 at 25 degrees C. 28.7. Concentrated Synthetic Cleaner: This specification covers one grade of a liquid concentrated compound suitable for wet cleaning for both painted and unpainted surfaces where hard or soft water prevails. It shall be an effective cleaning agent for use on wood, rubber, asphalt tile, terrazzo marble or concrete floors. Product shall not contain oil or be oil-based in nature. 28.7.1. Compound shall be composed of low sudsing cleaners to be used on floors, floor finishes, and have a mild odor. 28.7.2. The ingredients shall be assembled to form a homogeneous liquid with no more than a trace of suspended matter. It shall be biodegradable. 28.7.3. The compound shall be non-caustic and contain no soap, inorganic materials. 28.7.4. Compound shall be completely multiple water soluble in distilled water at room temperature. 28.7.5. Compound shall contain no free alkali or ammonia. 28.7.6. Compound shall contain no free oil, abrasives or other harmful ingredients and shall not be irritating to the skin. 28.7.7. Compound shall be non-flammable. The compound shall be stable and not let its original effectiveness or otherwise deteriorate when stored for nine (9) months in a closed shipping container at room temperature. 28.7.8. PH of the compound shall be 6.0-8.0 PHS at one-percent (1%)concentration. 28.7.9. Emulsification of grease, oil and dirt-very good. 28.7.10. Free rinsing-excellent. 28.7.11. Foaming -moderate with excellent stability in the presence of grease and oil. 28.7.12. Use dilution for normal finished floor mopping-about sixty to one (60:1). 28.8. Stainless Steel Cleaner/Polisher: This specification covers a product, which is designated to clean and protect metal surfaces. Product shall not contain oil or be oil- based in nature. 28.8.1. Solution shall be a blend of solvents and polishing agents, which shall remove grease, fingerprints and light soil. 28.8.2. It shall provide protective water resistance; prevent rusting, corrosion and discoloration. 28.8.3. It shall contain no harsh abrasives. 28.8.4. It shall be non-aerosol and safe to use on drinking fountains and eye washes. 28.9. Furniture Polish: This specification covers a non-aerosol agent designed to clean and polish wood and wood product surfaces. 28.9.1. It shall be a blend of silicone, oils, waxes and cleaning agents. 28.9.2. It shall remove dust, smudges, fingerprints and stains. It shall protect surfaces and does not smear. 28.9.3. It shall have a pleasant odor and be water based with no harmful solvents. 28.9.4. It shall be safe on all-wood surfaces, leather, vinyl and counter/table tops. 28.9.5. Solution shall not leave a film and not attract dirt particles. 28.10. Graffiti Remover: This specification covers a product designed to remove ink, pencil, crayon, lipstick, adhesives, grease and other agents on painted and unpainted surfaces such as walls,wood surfaces, floor, Formica and fiberglass. 28.10.1. Solution shall not harm or remove finishes from surface. 28.10.2. It shall be non-aerosol. 28.10.3. It shall be non-flammable. 28.11. All-Purpose Cleaner: This specification covers one grade of a liquid cleaning compound suitable for cleaning all types of surfaces. 28.11.1. Solution shall be a concentrated water-soluble ingredient with pH factor of 11.0 to 12.5. 17 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 28.11.2. Solution shall be biodegradable. 28.11.3. Solution shall be applied and wiped off with no rinsing required. 28.11.4. Solution shall remove all common soils from most surfaces. 28.11.5. It shall not streak or leave a film. Product shall not contain oil or be oil-based in nature. 28.11.6. Solution shall contain no phosphates, ammonia or other abrasive materials. 28.11.7. Solution shall be pleasant smelling. 28.12. Enzyme Bacteria Products: This specification covers a non-aerosol enzyme digestant that dissolves odors in floor drains. 28.12.1. Solution shall have a pleasant odor. 28.12.2. Solution shall work to neutralize odors with use of high activity enzymes and bacterial cultures. 28.12.3. Solution shall be non-acid and non-corrosive and shall not harm plumbing. 28.12.4. Solution shall be used to neutralize odors under and around toilets, sinks and urinals. 28.12.5. Solution shall continue to neutralize odors even after product has dried on surface. 28.12.6. Solution shall have active bacterial count of at least 37 billion per gallon. 28.12.7. pH range shall be 7.0 to 8.5 28.12.8. Solution shall have no flash point. 28.13. Degreaser: This product covers a non-butyl cleaner and degreaser designed to remove a wide variety of grease and soil on any surface not harmed by water. 28.13.1. Solution shall be water based, biodegradable product containing rust inhibitors. 28.13.2. Solution shall remove soap scum and body oils in showers and washroom surfaces. 28.13.3. Solution shall be non-flammable, free rinsing and non-filming and contain no fumes. 28.13.4. Dilution rate shall be sixteen to one (16:1)for general cleaning, one to eight (1:8)for heavy duty cleaning. 28.13.5. Solution may be used with pressure washers and foam guns. 28.13.6. Solution shall be USDA approved. 28.13.7. PH value shall not exceed 12.0. 28.13.8. Solution shall be suitable for use on floors and walls in soft or hard water. 28.13.9. Composition shall consist of a blend of synthetic detergents, solvents and alkalis. 28.14. Hard-Water Deposit Remover:This product concerns an extra strength cleaner designed to remove hard water scale and discoloration. 28.14.1. Solution shall be designed to cling to surfaces. 28.14.2. It shall be safe to use on chrome, ceramic tile, and porcelain surfaces. 28.14.3. Solution shall be biodegradable and contain no hydrochloric acid. 28.14.4. It shall be pleasant scented. 28.15. Spot Remover: This product is designated to remove stains and spots from most types of carpets. 28.15.1. Solution shall be safe for use on most carpet surfaces. 28.15.2. Solution shall be used on upholstery, textiles, vinyl, leathers, and synthetics. 28.15.3. Solution shall be effective in the removal of red dye and products containing this dye. 28.15.4. Solution shall remove gum and other adhesives. 28.15.5. Solution shall be a deodorizer and enzyme digestant. 28.15.6. Solution shall be pH balanced and be effective on most types of stains found in commercial buildings. 28.15.7. Product shall not contain oil or be oil-based in nature. 18 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 PART IV AWARD OF CONTRACT 1. The bidder shall furnish the names, addresses, and telephone numbers of not less than four(4) references in Williamson and/or Travis Counties where services are provided that are of a similar nature as those described in this specification. Failure to provide this information may disqualify the bid for consideration for award. 2. Any negative responses to reference inquire may be grounds for rejection of any bid. 3. Sufficient supporting documentation shall be provided to assist the City in evaluating each Bid.. Unsupported statements (e. g. "Shall Comply')are unacceptable. Bidders shall submit any and all information necessary to allow the City to evaluate the firm. 4. Bid Submittal Instructions-General 4.1. The Bidder shall define the ability of its organization to meet the intended standards of this Specification. 4.2. The response shall be specific and complete in every detail, prepared in a simple straightforward manner. 4.3. Bidder is advised to read this Specification in its entirety. 4.4. Failure to read or understand any portion of this Specification shall not be cause for waiver of any portion of this Specification. 19 of 20 SPECIFICATION NO. 04-910-39 DATE: January 2004 PART V MAN-HOURS List the number of man-hours per day and night your bid includes to efficiently and effectively comply with these specifications for each of the following buildings: BUILDING/LOCATION SQ. FT MAN-HOURS City Hall 221 E. Main 24,000 , Library 216 E. Main 42,000 /o� Public Works 300 S. Commerce 4,750 115 Public Works 2008 Enterprise 13,322 •-5 Police, Bldg.A, B, C 605 Palm Valley Blvd. 31,920 a. PARD Yard Site 300 S. Burnet 1,790 1 Clay Madsen Rec. Ctr. 1600 Gattis School Rd. 38,000 McConico Bldg. 301 W. Baghdad 26,382 Vehicle Maint. Facility 901 Luther Peterson 750 Streets/Waterline Maint.910 Luther Peterson 1,900 r /. 75- Utility Support 5494 N. IH 35 900 j Water Plant 5494 N. IH-35 14,876 7-5 REFERENCES List below the name, address, telephone number and contact person of not less than four (4) references in Williamson and/or Travis Counties where services are provided that are of a similar nature as those described in the attached specification. NAME &ADDRESS TELEPHONE CONTACT PERSON(s) �bhx 11A�c 7g'�ra'1 'FSI-�77 7&n Chi\Y 7s�'ctt��4XAYVA..AIUQ 0,"W(Xv 00*�\ WTS(o ?A�-05 Q6 f WV\�Wo*�F ;K PART V SHALL BE RETURNED WITH THE BID RESPONSE Failure to provide this required information with the bid response may automatically disqualify the response from consideration for award in connection with this transaction. 20 of 20 K-B CONTRACT CLEANING INC. Lewis Bowland,President Paul Bowland,Vice President Amy Garrett,Treasurer P.O.Box 9101 Austin,Texas 78766 Voice:512-452-9509 Fax: 512-452-9500 Part IV Page 19 of 20 Item 4.1 K-B Contract Cleaning shall provide adequate man-hours to complete the daily, weekly, monthly, and quarterly services as described in the contract specifications. Each location shall have trained custodians to provide the daily services with acceptable Background checks. Adequate equipment and supplies will be put in each building necessary to perform all tasks. There shall be a working supervisor in each location. The weekly, monthly, and quarterly floor service shall be accomplished by trained floor techs and not the basic custodial staff. K-B Contract Cleaning will have a PM site supervisor to evaluate the services, control the performance of all custodians while the service is in progress and after completion, verify that all work was completed. Should there be complaints or inspections not up to the city standards, K-B Contract Cleaning will respond within the city's request to complete the unacceptable work in a timely manner. 813 TAULBEE LANE.AUSTIN TEXAS 78757 Email: paul@k-bcc.com Serving Austin Since 1974 DATE: August 6, 2004 SUBJECT: City Council Meeting - August 12, 2004 ITEM: 13.E.3. Consider a resolution authorizing the Mayor to execute a contract with K-B Contract Cleaning for janitorial services. Department: Transportation Services Staff Person: Tom Martin, Director Justification: This Contract will provide janitorial services for the 12 city buildings listed on the bid tab. In addition to janitorial services, the bid also includes additional services requested as well as carpet cleaning & extracting. This contract will be awarded for a one-year period, with three additional option periods at the City's discretion. Funding• Cost: $ 173,018.04 (Year 1) $ 173,061.29 (Year 2) $ 173,104.55 (Year 3) $ 173,147.83 (Year 4) Source of Funds: Outside Resources: K-B Contract Cleaning Background Information: The City Of Round Rock received 13 proposals for this work. A committee made up of the following: Todd Keltgen, Larry Madsen, Pete Dominguez, Cath Martel, Randy Barker and Howard Baker. After the initial review, the top two finalist, Clean Across Texas and KB Contract Cleaning were interviewed by a committee made up of the following Todd Keltgen, Pete Dominguez, Larry Madsen, Randy Barker, David Kautz, Dale Ricklefs, Sharon Prete, Jim Nuse and Tom Martin. As a result of the interviews, KB Contract Cleaning was recommended for this contract. Public Comment: N/A Executed Document Follows CITY OF ROUND ROCK AGREEMENT WITH K-B CONTRACT CLEANING,INC. FOR JANITORIAL SERVICES THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTIES OF WILLIAMSON AND TRAVIS § THIS AGREEMENT for janitorial services(referred to herein as the"Agreement')is made by and between the CITY OF ROUND ROCK, a Texas home-rule municipality whose offices are located at 221 East Main Street,Round Rock,Texas 78664-5299(referred to herein as the"City"),and K-B CONTRACT CLEANING,INC.,whose offices are located at 813 Taulbee Lane,Austin,Texas 78757(referred to herein as the"Services Provider"). RECITALS: WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract for such services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights,duties and obligations hereunder; NOW,THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration,the sufficiency and receipt of which are hereby acknowledged,it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE,DURATION,AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be for twelve(12)months from the effective date hereof. After that initial term,this Agreement may be renewed for three(3)successive one-year periods,under the same terms and conditions, only upon the express written agreement of both parties, and only provided the Services Provider has performed each and every contractual obligation specified in this Agreement. City reserves the right to review the services at any time, and may elect to terminate with or without cause or may elect to continue with the services. 2-n�-o8-4-1363 1 1.02 CONTRACT AMOUNT; AND SCOPE OF WORK Contract Amount. Inconsideration for the janitorial services to be performed by Services Provider,City agrees to pay Services Provider in an amount not to exceed the following: Year 1 covered by this Agreement $173,018.04 Year 2 (only if Agreement is renewed) $173,061.29 Year 3 (only if Agreement is renewed) $173,104.55 Year 4 (only if Agreement is renewed) $173,147.83 Scope of Work: For purposes of this Agreement, City has issued documents delineating the required services, and Services Provider has issued its response agreeing to provide all such required services, and such documents are included in Exhibit"A"attached hereto and made a part hereof for all purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals,correspondence or discussions. Services Provider shall satisfactorily provide all services described under the attached exhibits within the contract term specified in Section 1.01. Services Provider's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Services Provider has been specifically engaged. Services Provider shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 1.03 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Payment for Services: In consideration for the janitorial services to be performed by Services Provider, City agrees to pay as delineated in Section 1.02. Payment for Reimbursable Expenses: There shall be no payment for reimbursable expenses in this Agreement. Not-to-Exceed Total: Unless subsequently changed by additional Supplemental Agreement to this Agreement,duly authorized by appropriate City Council or City Manager action, Services Provider's total compensation under this Agreement shall not exceed$173,018.04. This amount represents the absolute limit of City's liability to Services Provider hereunder unless same shall be changed by additional Supplemental Agreement,and City shall pay,strictly within the confines of the not-to-exceed sum recited herein,Services Provider's fees for work done on behalf of City. Deductions: No deductions shall be made for Services Provider's compensation on account of penalty, liquidated damages or other sums withheld from payments to Services Provider. Additions: No additions shall be made to Services Provider's compensation based upon any claims, whether paid by City or denied. Supplemental Agreements: The terms ofthis Agreement maybe modified by written Supplemental Agreement hereto,duly authorized by City Council or City Manager action,if City determines that there has been a significant change in(1)the scope, complexity, or character of the services to be performed; or(2) 2 the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Services Provider shall not perform any work or incur any additional costs prior to the execution,by both parties,of such Supplemental Agreement. Services Provider shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement,and City shall not be responsible for actions by Services Provider nor for any costs incurred by Services Provider relating to additional work not directly authorized by Supplemental Agreement. 1.04 TERMS OF PAYMENT Invoices: To receive payment, Services Provider shall prepare and submit a series of monthly detailed invoices to City for services rendered. Each invoice for janitorial services shall track the attached Scope of Work, and shall detail the services performed, along with documentation for each service performed. All payments to Services Provider shall be made on the basis of the invoices submitted by Services Provider and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by City,Services Provider shall comply promptly. In this regard, should City determine it necessary, Services Provider shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. If City has any dispute with work performed,then City shall notify Services Provider within thirty (30)days after receipt of invoice. In the event of any dispute regarding the work performed,then and in that event Services Provider shall either(a)satisfactorily re-perform the disputed services or(b)provide City with an appropriate credit. Payment of Invoices: City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Services Provider and to adjust same to meet the requirements of this Agreement. Following approval of invoices,City shall endeavor to pay Services Provider promptly,but no later than the time period required under the Texas Prompt Payment Act described in Section 1.07 herein. Under no circumstances shall Services Provider be entitled to receive interest on payments which are late because of a good faith dispute between Services Provider and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales,gross receipts or similar taxes applicable to the services,but not for taxes based upon Services Provider's net income. Offsets: City may,at its option,offset any amounts due and payable under this Agreement against any debt(including taxes)lawfully due to City from Services Provider,regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 1.05 LIMITATION TO SCOPE OF WORK Services Provider and City agree that the scope of services to be performed is generally enumerated in the attached exhibits. Notwithstanding anything herein to the contrary,the parties agree that City retains absolute discretion and authority for all funding decisions, such decisions to be based solely on criteria accepted by City which may be influenced by but not be dependent on Services Provider's work. 3 1.06 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Services Provider a written notice of termination at the end of its then current fiscal year. 1.07 PROMPT PAYMENT POLICY In accordance with Chapter 2251,V.T.C.A.,Texas Government Code,payment to Services Provider will be made within thirty(30)days of the day on which City receives the performance,supplies,materials, equipment,and/or deliverables, or within thirty(30)days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services,whichever is later. Services Provider may charge a late fee of one percent (1%) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: (1) There is a bona fide dispute between City and Services Provider concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or (2) The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (3) There is a bona fide dispute between the parties and subcontractors or between a subcontractor and its suppliers concerning supplies,materials,or equipment delivered orthe services performed which causes the payment to be late; or (4) Invoices are not mailed to City in strict accordance with instructions,if any,on the purchase order or the Agreement or other such contractual agreement. 1.08 TERMINATION This Agreement may be terminated for any of the following conditions: (1) By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to the other party not less than thirty(30)days prior to termination. (2) By mutual agreement and consent of the parties, such agreement to be in writing. (3) By either party for failure by the other party to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other party. (4) By either party for failure by the other party to fulfill its obligations herein. 4 (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter by paid to Services Provider. City shall pay Services Provider for all uncontested services performed to date of notice of termination. If either party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of the other party, then City shall give consideration to the actual costs incurred by Services Provider in performing the work to the date of default. The termination of this Agreement and payment of an amount in settlement as set forth above shall extinguish all rights,duties,and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 1.09 INDEPENDENT CONTRACTOR STATUS Services Provider is an independent contractor, and is not City's employee. Services Provider's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee,or joint venture relationship.No party has authority to enter into contracts as agent for the other party. Services Provider and City agree to the following rights consistent with an independent contractor relationship: (1) Services Provider has the right to perform services for others during the term hereof. (2) Services Provider has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. (3) Services Provider has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Services Provider or its employees or subcontractors shall perform services required hereunder, and City shall not hire, supervise, or pay assistants to help Services Provider. (5) Neither Services Provider nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. (6) City shall not require Services Provider or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Services Provider nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 1.10 NON-SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment,employ,or otherwise retain staff of the other during the term of this Agreement. 5 1.11 WARRANTIES Services Provider warrants that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Services Provider shall re-perform any work not in compliance with this warranty. 1.12 INDEMNIFICATION Services Provider agrees to hold harmless,exempt,and indemnify City,its officers,agents,directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands,costs,expenses,losses,damages,fines,penalties,liabilities and claims of any character,type,or description,including but not limited to any and all expenses of litigation,court costs,attorneys fees and all other costs and fees incident to any work done as a result hereof. In no event shall either party be liable to the other for special or consequential damages, statutory or otherwise. 1.13 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves,their successors,assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval. 1.14 LOCAL,STATE AND FEDERAL TAXES Services Provider shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: (1) Withhold FICA from Services Provider's payments or make FICA payments on its behalf, (2) Make state and/or federal unemployment compensation contributions on Services Provider's behalf, or (3) Withhold state or federal income tax from any of Services Provider's payments. If requested,City shall provide Services Provider with a certificate from the Texas State Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 1.15 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES Services Provider, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws,the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies.Services Provider shall further obtain all permits,licenses and the like required in the performance of the services contracted for herein,and same shall belong solely to City at the expiration of the term of this Agreement. 6 1.16 FINANCIAL INTEREST PROHIBITED Services Provider covenants and represents that Services Provider,its officers,employees,agents, consultants and subcontractors will have no financial interest,direct or indirect, in the purchase or sale of any product,materials or equipment that will be recommended or required under this Agreement. 1.17 GRATUITIES AND BRIBES City may, by written notice to Services Provider, cancel this Agreement without liability if it is determined by City that gratuities and/or bribes in the form of entertainment,gifts,or otherwise were offered or given by Services Provider or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Services Provider may be subject to penalties stated in Title 8 of the Texas Penal Code. 1.18 RIGHT TO ASSURANCE Whenever either party to this Agreement,in good faith,has reason to question the other party's intent to perform hereunder,then and in that event demand may be made to the other party for written assurance of intent to perform. In the event that no written assurance is given within the reasonable time specified when such demand was made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 1.19 SERVICES OBTAINED FROM ALTERNATE SOURCES If Services Provider cannot provide the services as specified, City reserves the right and option to obtain the services from another source or sources. 1.20 DEFAULT If Services Provider abandons or defaults under this Agreement and is a cause of City purchasing services elsewhere,then Services Provider agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in future advertisements for the same type of work unless the scope of work is significantly changed. Services Provider shall be declared in default under this Agreement if it does any of the following: (1) Fails to make any payment in full when due; (2) Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; (3) Fails to provide adequate assurance of performance under the"Right to Assurance"section herein; or (4) Becomes insolvent or seeks relief under or is involuntarily brought under the bankruptcy laws of the United States. 7 1.21 STANDARD OF CARE Services Provider represents that it is specially trained, experienced and competent to perform all of the services,responsibilities and duties specified herein and that such services,responsibilities and duties shall be performed, whether by Services Provider or designated subconsultants, in a manner according to generally accepted industry practices. 1.22 ATTORNEYS FEES In the event that any lawsuit is brought by one party against the other party in connection with this Agreement, the prevailing party shall be entitled to seek to recover its reasonable costs and reasonable attorneys fees. 1.23 FORCE MAJEURE Notwithstanding any other provisions of this Agreement to the contrary,no failure,delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure,delay or default;including but not limited to acts of God,acts of public enemy,civil war,insurrection,riots,fires,floods,explosion,theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles,which in any way restrict the performance under this Agreement by the parties. Services Provider shall not be deemed to be in default of its obligations to City if its failure to perform or its substantial delay in performance is due to City's failure to timely provide requested information or other materials necessary for Consultant to perform its obligations hereunder. 1.24 DISPUTE RESOLUTION If a dispute arises under this Agreement,the parties agree to first try to resolve the dispute with the help of a mutually selected mediator.If the parties cannot agree on a mediator,City shall select one mediator and Services Provider shall select one mediator and those two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Services Provider hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 1.25 INSURANCE Services Provider shall meet all insurance and bonding requirements, if any, as are stated in the attached exhibits. 1.26 DESIGNATION OF CITY REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf for this Agreement: 8 Pete Dominguez Facilities Maintenance Division 2015 Lamar Round Rock,Texas 78664-5299 Telephone: 512-801-4547 1.27 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) When delivered personally to the recipient's address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Services Provider: K-B Contract Cleaning,Inc. 813 Taulbee Lane Austin,TX 78757 Notice to City: City Manager's Office James Nuse,City Manager 221 East Main Street Round Rock, TX 78664 AND TO: City Attorney's Office Stephan L. Sheets, City Attorney 309 East Main Street Round Rock,TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Services Provider. 1.28 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for same shall lie in Williamson County,Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 9 1.29 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement,including the exhibits listed below,constitute the entire agreement between the parties and supersede all previous communications,representations,and agreements, either written or oral,with respect to the subject matter hereof. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 1.28 SEVERABILITY . The invalidity,illegality,or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision.The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.29 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. The failure of a party to exercise any right hereunder shall not operate as a waiver of said party's right to exercise such right or any other right in the future. Time is of the essence to this Agreement. Service Provider understands and agrees that any failure of Service Provider to complete the services due under this Agreement within the agreed term will constitute a material breach of this Agreement. City agrees to provide Service Provider with one(1) fully executed original Agreement. This Agreement may be executed in multiple counterparts, which taken together shall be considered as one original. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates hereafter indicated. CITY OF ROUND ROCK,TEXA K-B CONTRACT CLEANING, INC. By: By: L e ax , M or Printed Name:L(A/L°G11,S e Signed: — Date Signed: 10 ATTEST: By: Christine R. Martinez, City Secretary APPROVED S TO FO By: • Stephal L. Sheets, City Attorney 11