R-08-09-25-14B1 - 9/25/2008RESOLUTION NO. R -08-09-25-14B1
WHEREAS, the City of Rock has duly advertised for bids for
uniform rental and laundry services, and
WHEREAS, Unifirst Corporation has submitted the lowest
responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Unifirst
Corporation, 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 Uniform Rental and Laundry
Services with Unifirst Corporation, 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 25th day of September, 2008.
-yvt 6/1
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SARA L. WHITE, City Secretary
0:\WDOX\RESOLUTI\R80925B1.DOC/rmc
CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF UNIFORM RENTAL
AND LAUNDRY SERVICES FROM
UNIFIRST CORPORATION
STATE OF TEXAS
COUNTY OF TRAVIS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
KNOW ALL BY THESE PRESENTS:
That this Agreement for provision of weekly uniform rental and laundry services
(referred to hereinafter as the "Agreement") is made and entered into on this the _ day of the
month of , 2008, by and between the CITY OF ROUND ROCK, TEXAS, a
home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas
78664 (referred to hereinafter as the "City"), and UNIFIRST CORPORATION, whose offices
are located at 6000 Bolm Road, Austin, Texas 78721 (referred to herein as the "Vendor"). This
Agreement supersedes and replaces any previous agreement between the named parties, whether
oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase weekly uniform rental and laundry services, and
City desires to purchase same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and
City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods/services and Vendor is obligated to sell same. The
Agreement includes the following: (a) City's Invitation for Bid designated as IFB 08-031,
Specification Number 04-983-86-01 revised April 2008; (b) Vendor's Response to IFB; (c) the
contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies
or conflicts in the contract documents shall be resolved by giving preference in the following
order:
00144599/jkg
EXHIBIT
a
a "A"
(1) This Agreement;
(2) Purchaser's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods means the specified supplies, materials, commodities, or equipment.
F. Vendor means UNIFIRST CORPORATION, or any of its successors or assigns.
2.01 EFFECTIVE DATE, DURATION, AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement is for five (5) consecutive twelve-month periods from
the effective date hereof. After that term, this Agreement may be renewed for successive terms
of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
2
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
08-031, Specification Number 04-983-86-01 revised April 2008, and Response to IFB submitted
by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all
purposes. The intent of these documents is to formulate an Agreement listing the responsibilities
of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB.
The goods/services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully
a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
3
8.01 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 Vendor a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
4
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 08-031
(including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Randy Barker
Purchasing Supervisor
221 East Main Street
Round Rock, Texas 78664
512-218-3295
15.01 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 demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods/services elsewhere, Vendor 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 goods/service and
that it may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
5
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its 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
6
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 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 shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
A. When delivered personally to the recipient's address as stated in this Agreement;
or
B. 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 Vendor:
UniFirst Corporation
6000 Bolm Road
Austin, TX 78721
Notice to City:
James R. Nuse, City Manager
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 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.
7
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the 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 Vendor 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.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or 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 or
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 section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
8
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS UNIFIRST CORPORATI
By: By:
Printed Name: Printed Name:
Title: Title: r( Ma-+. 62_
Date Signed: Date Signed: -„,1?- D 8
ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
Stephan L. Sheets, City Attorney
9
Y►'
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
Various City Locations
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BID OPENING DATE S
BID NUMBER IN LOWER LEFT
HAND CORNER OF SEALED BO
ENVELOPE SHOW RETURN
ADDRESS OF BODING FIRM.
Page 1 of 2
BIDDING INFORMATION:
Uniform Rental Services/Purchase
BID NUMBER: 08-031 Revised
OPENING DATE: 5/20/2008 at 3:00 P.M.
BID LOCATION:
221 E. Main Street, Council Chambers,
Round Rock, TX 78664
BIDDER SHALL SIGN BELOW
Failure�Qlsign�vlu disqualify aid
Authorized Sip ura
S s/he 5/9/46
Z�-ru 5.74v.5
Date
See 1.7 of Bidding Instructions
• The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum rental or purchase is made
or implied. The City will only order the amount needed to satisfy operating requirements.
zr
TAX ID NO.: l7 V t ,951'
LEGAL BUSINESS NAME: (IA// P/RST ( i7 •
ADDRESS: (,O()Q gOLwt fell ,
ADDRESS: Ast,574I/ 7 --ie 7k 7 -2-
ITEM
M
CONTACT: /'Tel/ f (AL/G'%V O 7'
DESCRIPTION
TELEPHONE NO.: S/2 3 6--33 O
PRICE
(Per garment)
EA.
BUSINESS ENTITY TYPE: U. fc . #-L RG.., g-,- /Ccii2 j
QAs7/oyt/
"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."
Bidder agrees to comply with all conditions set forth in this IFB.
This is for a five year agreement with two 12 -month renewal options for uniform rental services in accordance with Specification No. 04-983-
86-02, Revised: May 2008 (9 pgs), Attachment A - insurance (4 pgs).
• The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum rental or purchase is made
or implied. The City will only order the amount needed to satisfy operating requirements.
ITEM
M
CLASS & ITEM
DESCRIPTION
ESTIMATED
QUANTITY
PRICE
(Per garment)
EA.
TOTAL
X 62 Weeks •
Estimated Annul
Per Garment
REPLACEMENT
COST
1
UNIFORM
TROUSERS
100 % Cotton Twill
Cargo Type, Navy, Dickies or City Aprvd Equal.
Note Make and Model of Item bid below
Mfr. MdI
891.5f1
*Est. weekly
$ S.5 -e--$
��
y` cL
$
each
2
UNIFORM
TROUSERS
Poly/cotton blend
Cargo Type, Navy
Note Make and Model of item bid below
Mfr. Mdl
200
*Est. weekly
5 -Ce
/4-774C/7/
eV
S
each
3
UNIFORM
SHORTS
Poly/cotton blend
Cargo Type, Navy
Please note Item bid below
Mfr. Mail
22
*Est. weekly
..5.C7-
$
���
iti
S
each
4
WORK SHIRTS
(100% Cotton)
with City of RR logo and Dept. or Division sewn on
left heart and employee name on right heart.
Note Make and Model of item bid below
Mfr. MdI
1281.5
*Est. weekly
Sc[,}7i9Cf4eZ
$
$
$
$
each
EXHIBIT
IFB No. 08-031 - Uniform Rental Services
Page 2 of 2
ITEM
CLASS & ITEM
DESCRIPTION
ESTIMATED
QUANTITY
PRICE
(Per garment)
EA. TOTAL
X 52 Weeks e
Estimated Annual
Per Garment
REPLACEMENT
COST
5
WORK SHIRTS
(Poly/Cotton blend)
6
COVERALLS
Poly/cotton Twill
7
COVERALLS
Poly/cotton Twill
8
COVERALLS
Poly/cotton Twill
9
BIB OVERALL
with City of RR logo and Dept. or Division sewn on
left heart and employee name on right. Note
Make and Model of item bid below
Mfr.
Mdl
with City of RR logo and Dept. or Division sewn on
left heart and employee name on right heart.
Note Make and Model of item bid below
Mfr. Mdl
1281.5
'Est. weekly
5e-4- 4-Tvficl/t7'
$ $ $
each
Lined for winter wear with CORR Logo and Dept. or
Division sewn on left heart.
Note Make and Model of Item bid below
Mfr. Mdl
ALTERNATE TO LINE #7 - Lined for winter wear
with CORR Logo and Dept. or Division sewn on left
heart. W/O LAUNDRY Note
Make and Model of item bid below
Mfr. Mdl
200
*Est weekly
SGe fr77214/ ev
each
252
'Est. weekly
5 -Ea A-MseisseD
each
Lined for winter wear with CORR Logo and Dept. or
Division sewn on left heart and employee name on
right heart. Note
Make and Model of Item bid below
Mfr. Mdl
252
"Est. weekly
Se A-rre-`i,
each
200
'Est. weekly
$ A-7-c-IYe0
$
each
10
BIB OVERALL
ALTERNATE TO LINE #9 - Lined for winter wear
with CORR Logo and Dept. or Division sewn on left
heart and employee name on right heart. W/O
LAUNDRY Note
Make and Model of Item bid below
Mfr. Mdi
200
*Est. weekly
5 lei- r z�
each
11
12
JACKET
JACKET
Tined for winter wear with City of RR Logo and
Dept. or Division sewn on left heart and employee
name on right heart. Note
Make and Model of Item bid below
Mfr. Mdl
ALTERNATE TO LINE #11 - lined for winter wear
with City of RR Logo and Dept. or Division sewn on
left heart and employee name on right heart W/O
LAUNDRY Note Make
and Model of item bid below
Mfr. Mdl
300'
'Est. weekly
300
*Est weekly
$ see�M, -v
s $
each
each
12
APRON
Shop Type to protect from grease/grim
Note Make and Model of item bid below
Mfr. Mdl
50
*Est. weekly
$ .S $ fiy'T7t rl�G` 7
each
13
T-SHIRTS
(Cotton or blend)
Item to be purchased by City of Round Rock - Logo
to be sewn on left heart.
Note Make and Model of item bid below
Mfr. Mdi
699
' Est. total
5e� /4 -77~e --v$ $ $
each
14
T-SHIRTS
with Pocket
(Cotton or blend)
Item to be purchased by City of Round Rock -
CORR logo to be sewn on left heart.
Note Make and Model of item bid below
Mfr. Md1
699
* Est. total
� b
$
$
each
15
TWILL CAPS
(Baseball style)
15
LAUNDRY
SERVICE
Item to be purchased by City of Round Rock - Logo
to be sewn on cap.
Note Make and Model of item bid below
Mfr. Mdi
Weekly charge per emp oyl— ee
966
*Est total
233
`Est. weekly
$ Seri 11 -77 -
$
each
WA
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ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees
product offered will meet or exceed specifications idertfied in this Invitation For Bid (IFB).
1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be
in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB.
1.3 Late bids property identified will be retuned to bidder unopened Late bids will not be considered
1.4 Bid F.O.B. destination, freight, prepaid, & slowed mess otherwise specified on the IFB. If otherwise, show exact cost to deliver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern Bids subject to unlimited price
increase will not be considered.
1.6 Bid prices shall be fine for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be
considered in determining the low bid. AN cash discounts offered will be taken if earned.
1.7 Bids shall give Tax identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind
signatories firm in a contract Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following:
Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Govemmental. Non-profit, al others shall be specified. INDIVIDUAL: Ust name and number as
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; Ust legal name
of entity and Tax Identification Number (Tin).
1.8 Bid cannot be altered or ariended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be
withdrawn after opening time without approval of the CITY based on a written acceptable reason
1.9 The City is exempt from State Sales Tax and Federal Excise Tax Do not include tax in bid
1.10 The City reserves the right to acceptor reject ad or any part of bid, waive minor technicalities and award Ire bid to best serve the interests of the City, Split awards maybe
made at the sole dscretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shad not be responsible for bids received late, illegible, incomplete, or
otherwise nonresponsive
2 SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (rot restrictive), and is used to indicate type and quality desired. Bids on brands of like
nature and quality wit be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is
offered, illustrations and complete descriptions of product offered are requested In be made a part of the bid. If bidder takes no exceptions to specifications or reference
data in bid, bidder will be required to furnish brand names, numbers, bers, etc, as specified in the IFB.
2.2 All items bid shall be new, in fast Gass condition, inclukkng containers sudade for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the
contrary will not be recognized.
2_3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be retuned to the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid.
2.4 The City wit not be band by any oral statement or representation contrary to the written specifications of this IFB.
2.5 Manufacturers standard warranty shall apply unless otherwise slated in the IFB.
3. TIE BIDS: In case of tie bids, the award wolf be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Bid should show number of days required to place material in City's designated location under rmrrnal condtiors. Failure to state deliver time odgates bidder to complete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause hid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid 1st (See 42 following.)
4.2 If delay is foreseen, contractor shat give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge full increase, f any, in cost and handing to defaulting contractor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal workkig hours only, unless prior approval for late deivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: At goods will be subject to inspection and test by the Cly to the extent practicable at all limes and places. Authorized City personnel shall have
access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested fail to meet or exceed all conditions and requremerfs of the specifications, the cost of the sample used and the cost of the testing shall
be borne by the suppler_ Goods, which have been delivered and rejected in whole or in part, may, at the City's opts be retuned to the Vendor or held for disposition at Vendor's
risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and spectiications contained in the IFB Bids do not become
contracts unless and until they are accepted by the City through is designates and a purchase order is rued The contract shall be governed, construed, and interpreted under
the Charter of the City and the laws of State of Texas AI contracts are subject to the approval of the City Council.
7. PAYMENT: Vendor shad submit three (3) copies of an invoice showing the purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect tine Cly from claims involving infringements of patens or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and at claims for overcharges associated with this contract, which arise under the antitrust laws of the State
of Texas. Tx, Bus. And Comm Code Ann. Sea 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shat void the submitted bid or any resulting cordracts, and the bidder shall be removed from all
bid fists. By signature hereon effaced, the bidder hereby certifies that
10.2 The bidder has not given, offered to give, nor intends to give any lime hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor,
or service to a public servant in connection with the submitted bid
10.3 The bidder is not =lenity delinquent m the payment of any debt owed the City.
10.4 Neither the bidder nor the fire, corporation, partnership, or any ertty represented by the bidder, or anyone acting for such firm, corporation, or ently has violated the
antitrust laws of this State codfied in Section 15.01 et Seq. Texas Business and Commercial Code, or the Federal Artitnst Laws, nor cormmirtcated tiredly or in:Maetly
the bid made to any competitor, or any other person engaged in such line of business.
10.5 The bidder has no received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: My terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form WARNING: Such
terms and conditions may remit in dsqu aIIk ation of the bid (e.g. bids with the taws of a state other than Texas requirements for prepayment Limitations on remedies, etc.) The
City of Round Rock can only accept bids which contain all the terms and conditions of ds formal IFB: in particular, at bidders affirmations and certifications rust be induded.
Submission of bids on fors other than City bid form may result in dsquatific alon of your bid.
12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
IFB No. 08-031
'ROUND ROCK TEXAS
PURPOSE. PASSION. PROSPERITY.
CITY OF ROUND ROCK, TEXAS
INVITATION FOR BID ADDENDUM
UNIFORM RENTAL SERVICES
Addendum No. 1 Date of Addendum: May 1, 2008
The following items In the IFB identified above have been replaced:
A. Bid Opening Date has been changed:
From: May 14 at 3:OOP.M.
To: May 20 at 3:OOP.M.
B. Specification No. 04-983-86-1, Revised: APRIL 2008 (9 pgs) has been repldced with Specification
No. 04-983-86-2, Revised May 2008 (9 pgs).
C. The attached "Revised Bid Sheet" replaces current bid sheet and shall be turned in with bid.
D. Attached a copy of the City Logo as a jpeg file for your Information. Please note: City Logo is the
property of the City of Round and shall not be used In any fashion that Is not pre approved by the City.
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 IFB.
ACKNOWLEDGED
tA'thR5 T nyea
Vendor
Auth" zeSI •• re
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH
YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID.
SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
CITY OF ROUND ROCK
UNIFORM RENTAL SERVICE
PART 1
GENERAL
1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and services
for Uniform Rental Services at 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, Travis and Williamson County, Texas.
2.3. Agreement —A mutually binding legal document obligating the Vendor to furnish the goods,
equipment or services, and obligating the City to pay for it.
2.4. Vendor — (Sometimes referred to as 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, and the City's commitment to accept the Goods or
Services for an agreed upon price.
2.7. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified
2.8. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a
Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the
Vendor's obligations arising from a contract with the City.
2.9. Uniform — Shall identify one top and on bottom garment.
3. CLARIFICATION: For clarification of specifications, bidders may contact:
Carolyn Brooks
Purchaser
City of Round Rock
Telephone: 512-218-5457
3.1. 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.
Page 1 of 9
SPECIFICATION NO.
04-983-86-01
REVISE: MAY 2008
4. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code
(House Bill 914) requires that any vendor or person considering doing business with a local government
entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of
interest with a local government entity. The Conflict of Interest Questionnaire form is available from the
Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may
be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
4.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result in the disqualification of the vendor's proposal.
PART II
GENERAL CLAUSES AND CONDITIONS
1. GOODS: The good(s) furnished under this specification shall be the latest improved model in current
production, as offered to commercial trade, and shall be of quality workmanship and material. The bidder
represents that all equipment offered under this specification shall be new. USED, SHOPWORN,
DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.
1.1 Bidder should submit with their bid, the latest printed literature and detailed specification on goods
the bidder proposes to fumish.
1.2 The unit shall be completely assembled and adjusted, and all equipment including standard and
supplemental shall be installed and the unit made ready for continuous operation.
1.3 All parts not specifically mentioned that are necessary for the unit to be complete and ready for
operation, or which are normally furnished as standard equipment, shall be furnished by the
contractor. All parts shall conform in strength, quality and workmanship to the accepted standards
of the industry.
1.4 The unit provided shall meet or exceed all federal and State of Texas safety, health, lighting and
noise regulations and standards in effect and applicable to equipment furnished at the time of
manufacture.
2. LABOR: The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
3. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate
attachment to the bid. The sheet shall be labeled as such.
4. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and equipment. We
encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003,
latest revision standards, technically equivalent to the American National Standards Institute/American
Society for Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing
these standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's
position that the total quality management concepts contained within these standards can result in reduced
production costs, higher quality products, and more efficient use of energy and natural resources.
Manufacturers should note that future revisions to this specification might require ISO certification.
5. ENVIRONMENT: It is the intent of the City to purchase good and equipment having the least adverse
environmental impact, within the constraints of statutory purchasing requirements, departmental needs,
availability, and sound economical considerations. Suggested changes and environmental enhancements
for possible inclusion in future revisions of this specification are encouraged.
6. DAMAGE: The Vendor 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 Vendor shall
be responsible and liable for the safety; injury and health of its working personnel while its employees are
performing service work.
Page 2 of 9
SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
7. WORKPLACE: 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 Vendor, Vendor'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.
8. BEST VALUE 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.
8.1 Bid price
8.2 Reputation of the bidder and of bidder's goods and services.
8.3 The quality of the bidder's goods or services.
8.4 The extent to which the goods or services meet the City's needs
8.5 Bidder's past relationship with the City. All vendors 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.
8.6 The total long-term cost to the Municipality to acquire the bidder's goods or services.
9. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official
or Employee evaluating or considering the bids prior to the time a bid decision has been made.
Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in
order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid.
Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award
of the bid then in evaluation, or any future bid.
7. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12
month periods of time from the effective date and shall remain in full force and effect unless and until it
expires by operation of the term stated or until terminated or extended as provided herein. The City
reserves the right to:
7.1. Renew Agreement for two (2) additional periods of time not to exceed twelve (12) months for each
renewal provided both parties agree.
7.2. Review the following at the end of each twelve-month review period or renewal:
7.2.1. Vendor performance;
7.2.2. Price;
7.2.3. Continuing need;
7.2.4. Advancements in technologies and/or service
7.3. The City may terminate the Agreement with or without cause or may continue through the next
twelve-month review or renewal period.
8. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly
quantities, as determined by the City's budget for the fiscal year in question. The City may affect such
termination by giving Vendor a written notice of termination at the end of its then current fiscal year.
9. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days
prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to
cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or
liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation,
without penalty, at any time the City deems the vendor to be non-compliant with contractual
obligations.
10. ABANDONMENT OR DEFAULT: A Vendor 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.
Page 3 of 9
SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
11. 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 Vendor shall furnish the City with satisfactory
proof of its compliance.
12. 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 City of Round Rock,
Texas, 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).
13. INDEMNITY: Vendor 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 Vendor, its officers,
agents, servants and employees.
14. INSURANCE: The successful Bidder shall meet or exceed ALL insurance requirements set forth by the City
as identified in Attachment A to the specifications. Any additional insurance requirements of participating
or cooperative parties will be included as subsequent Attachments and shall require mandatory compliance.
15. LIENS: Vendor 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 Vendor or subcontractors shall provide a proper release of all liens or satisfactory
evidence of freedom from liens shall be delivered to the City.
16. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement
shall lie in Williamson County.
17. 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.
18. INTERLOCAL COOPERATIVE CONTRACTING: Other govemmental entities within the State of Texas may
be extended the opportunity to purchase off of the City of Round Rock's solicitation, with the consent and
agreement of the successful vendor(s) and the City of Round Rock. Such consent and agreement shall be
conclusively inferred from lack of exception to this clause in vendors response. However, all parties indicate
their understanding and all parties hereby expressly agree that the City of Round Rock is not an agent of,
partner to, or representative of those outside agencies or entities and that the City of Round Rock is not
obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback"
procurements.
PART III
SPECIFICATIONS
1. SCOPE: This specification describes a rental service to provide City personnel with clean
uniforms. This service shall include but not be limited to sizing personnel, launder, repair and/or
replace, pickup and deliver garments to City locations. Services shall meet or exceed all
requirements herein and as mutually agreed between the Contractor and City.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the
type of uniforms and cleaning service. Materials not otherwise specified shall be the sole
responsibility of the Contractor to ensure they are of equal or greater quality for durability and
compatibility.
3. INTENDED USE: The purpose of these specifications and the resulting contract is to provide the
City with weekly uniform rental and laundry services.
Page 4of9
SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
4. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance
of such bidder as qualified and responsible. All bidders shall:
4.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of commodity or provision of the services as specified herein.
4.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
4.3. Provide references to include the name, address, telephone number and point of contract
of at least three entities for which the bidder has preformed similar service and or utilized
the exact technology within the past three years. Any negative responses received may
result in disqualification of bid.
4.4. 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.
5. SITE VISITS: The City and/or their representatives will have the right to visit and inspect the
bidder's facility any reasonable time prior to award and/or to conduct unannounced visits during
the performance of the service.
6. ESTIMATED REQUIREMENTS: The quantities stated on the bid sheet are the best estimate of
the City's needs for a one (1) year period.
7. SAMPLES: Bidder must submit samples of uniforms proposed with its bid.
7.1. Each sample shall be marked with the bidder's name.
7.2. The samples provided by the successful bidder shall be retained by the City to insure
compliance with all aspects of the sample approved until contract completion.
7.3. Samples provided by unsuccessful bidders shall be returned at the expense of the bidder.
7.4. The City will dispose of or destroy all samples not claimed after fifteen (15) calendar days
from the date of contract award.
8. CONTRACTOR RESPONSIBILITIES: The Contractor shall:
8.1. Providing all labor, goods and services necessary to perform the service.
8.2. Provide each employee with eleven uniforms for a five day work week.
# of Uniforms
per employee
Price Per
Garment
Total Wkly cost
(11 issue)
Total Annual
($ X 52 Weeks)
11 shirts
$ .50
$5.50
$286.00
11 trousers
$ .50
$5.50
$286.00
8.3. Launder, press and deliver clean uniforms and pickup soiled uniforms weekly.
8.4. Repair or replace garments as needed to maintain first class appearance.
8.5. Coordinate with the City's Representative to establish best work schedule and discuss
any changes.
8.6. Respond to complaints within forty-eight (48) hours with a reasonable and acceptable
solution.
Page 5 of 9
SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
8.7. Rectify any problem that they are made aware of within ten (10) calendar days of said
notice.
9. OUTERWEAR: Vendor shall provide outer wear (coveralls, bib overalls, jackets) as identified on
the bid and as needed.
9.1. Outerwear will be utilized for approximately six months beginning the first part of October
and ending in March unless otherwise agreed to by the City and the Contractor.
10. SIZE OF THE UNIFORMS: The successful bidder is responsible for furnishing the proper size
uniforms; therefore, the successful bidder shall determine the size of each employee authorized to
receive a uniform prior to delivery.
10.1. Measuring for uniforms:
10.1.1. The successful bidder shall be allotted one week to measure all employees
for new uniforms as coordinated by the City. Fittings shall be on site, at City
locations.
10.1.2. The successful bidder shall have garments on display, at the time of
measurements, the various uniform style options selected by the City.
10.1.3. The successful bidder shall coordinate any additional measurements and size
adjustments with the appropriate department.
10.1.4. City staff shall be fitted with care to insure proper sizing and first class
appearance.
10.1.5. Uniform shirts shall be available in a minimum of four color choices except
denim in garment selection.
10.1.6. City employees shall be given the choice of either long and/or short sleeved
shirts.
10.2. Changes:
10.2.1.
The successful bidder shall supply the City with new and unused uniforms in
accordance with employee request as dictated by changes in weather
conditions.
10.2.2. In the event of employee size changes due to increase or decrease in weight
or height, the successful bidder shall make the necessary size adjustments at
no cost to the City.
10.2.3. The successful bidder shall supply the City with new and unused uniforms in
the event of a size change.
10.2.4. New uniforms shall be delivered to each department within thirty days after
issuance of contract.
11. CONDITION OF UNIFORMS: All uniforms shall be new and unused at the start of this contract.
Like -new uniforms are not acceptable. The successful bidder shall maintain the uniforms in an
acceptable condition throughout the term of this contract.
11.1. Acceptable condition of the uniforms rests solely with the respective City Department and
shall be unconditionally accepted by the successful bidder.
11.2. Uniforms shall be clean, pressed, well mended (no holes or rag tag ends), and
professionally altered when necessary.
11.3. Uniforms shall fit, look good, be comfortable and be maintained at a high level of
cleanliness and service.
Page 6 of 9
SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
11.4. Uniforms furnished under resulting contract shall be maintained in good repair and first
class condition and shall be altered or replaced as required to maintain such appearance.
11.5. Uniforms not in such condition at time of delivery shall not be accepted and shall be
removed from invoice until replaced or altered to acceptable condition.
12. CLEANING/LAUNDERING: All uniforms shall be laundered using detergents or cleaners that
leave the garment clean and odor free.
12.1. Uniforms that retain an offensive smell or residual odor after laundering shall not be
acceptable.
12.2. Uniforms returned with stains or holes shall be replaced at the vendors cost.
13. LAUNDERING ISSUES: Vendor can expect the following types of laundering issues with City
departments:
13.1. Vehicle Maintenance: burns from welding shall be repaired, heavily soiled from grease,
flaws and damage from exposure to battery acid, snags in garments, buttons popped or
broken off, paint stains from painting equipment, hydraulic fluid.
13.2. Parks and Recreation: grass stains, tears, and burns from welding, soil from outside
activities, buttons popped or broken off, paint, and glue.
13.3. Sign Shop/Traffic: paint stains from painting street signs, generally soiled, electrical
burns, glue, tar, tears, and buttons popped or broken off.
13.4. Street: tar, dirt, grease, from outside street repair work, burns from welding, tears and
snags, buttons popped or broken off, paint.
13.5. Water Treatment: tar, dirt, grease, heavy soil, paint, glue, welding burns and holes,
buttons popped or broken off, tears and snags, exposure to effluent and sludge.
13.6. Wastewater: oil, grease, dirt heavily soiled from sludge, paint, bleach, glue, buttons, tears and
snags, buttons popped or broken off, exposure to effluent and sludge.
13.7. Electric Utility: generally soiled, paint, electrical burns, glue, creosote, grease, hydraulic
fluid, grass stains, tears, or buttons off.
13.8. Animal Control: grass, blood, bleach, ink, dog food stains, feces, odors, tears or snags,
buttons popped or broken off.
13.9. Building Inspection: grass, creosote, mud, tears, plumbing glue and cleaner, paint,
buttons popped or broken off.
14. PRESSING: All uniforms shall be neatly pressed and delivered one article per hanger. Pressing
of uniforms shall be in accordance with acceptable standards and the best practices of the
industry.
15. REPAIRS: Repair tags shall be provided to each location at start-up of the contract, and as
needed throughout the term of the contract.
15.1. Any garment tagged for repairs, shall be returned in a repaired condition, or shall be
replaced, within one week (next delivery) at no cost to the City.
15.2. Repairing uniforms with patches shall NOT be acceptable.
15.3. Uniforms delivered with rips, holes, missing buttons, etc. shall be sent back and no rental
charge shall be paid for that item until it is returned in an acceptable condition.
15.4. The Vendor shall respond to complaints within forty-eight (48) hours with a reasonable
and acceptable solution.
15.5. The Vendor shall be required to rectify any problem that they are made aware of within
ten (10) calendar days of said notice.
Page 7 of 9
SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
16. REPLACEMENT OF GARMENTS: The City shall absorb the cost of any garment, purchase or
rental, lost or damaged through negligence or through termination of employees only at the price
shown on the bid sheet.
16.1. Any uniforms paid for under this provision shall become the property of the City.
16.2. Replacement of garments damaged in the line of duty shall be at the expense of the
successful bidder. Replacement garments shall be new and unused.
16.3. The City shall determine if the garment is considered ready for replacement. Like -new
garments are not acceptable.
16.4. The Vendor shall be required to rectify any problem that they are made aware of, within
ten (10) calendar days of said notice.
17. INCREASE OR DECREASE IN QUANTITIES: The quantities listed on the bid sheet are
estimates. The City may increase or decrease the number of uniforms, as it deems necessary
due to termination of employees, additional employees or any other variations.
17.1. The successful bidder shall submit a procedure for an employee to begin, discontinue, or
transfer uniform services from one location to another. New and unused uniforms for new
employees, if and when required, shall be delivered within fourteen (14) calendar days
after notification.
PART IV
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. DELIVERY: Delivery of initial inventory shall be completed within thirty days from issuance of
contract to vendor.
1.1. Deliveries are to be made on a weekly basis between the hours of 8:00 a.m. to 12:00
noon and 1:00 p.m. to 4:30 p.m.
1.1.1. Vendor shall establish a regular and routine delivery day with each department
and shall deliver to said department once a week for duration of this contract.
1.2. Laundered and pressed uniforms shall be delivered to the department location the same
day the soiled uniforms are picked up.
1.2.1. If the vendor fails to deliver all of the required uniforms on the regular delivery
day, vendor shall make a special delivery of any missing uniforms no later than
the next day after the regularly scheduled delivery day.
1.3. Vendor must make other arrangements for delivery of uniforms during City holidays.
1.4. The vendor shall be responsible for pick-up of excess wire hangers at all sites for
recycling through their firm.
1.5. The acceptable level of service for this contract shall be a 98% performance of each
delivery to each department.
1.5.1. Satisfactory performance shall include no shortages, repairs completed,
Toss/damage replacements, clean and pressed uniforms, etc.
1.5.2. The successful bidder shall be assessed a $10.00 penalty for each unacceptable
delivery below the 98% performance level.
Page 8 of 9
SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
2. Uniforms shall be delivered, on hangers, to the following locations: NOTE: The City may add or
delete if of Locations as necessary to provide service to City personnel.
2.1 Parks and Recreation Maintenance Yard: 300 South Burnet, Round Rock, TX. 78664
2.2 Public Works - Water, Wastewater, I&I and Streets: 910 Luther Peterson Place,
Round Rock, TX. 78664
2.3 City Shop — 901 Luther Peterson Place, Round Rock, TX. 78664
2.4 Public Works - Environmental Services -Recycling: 310 Deepwood Drive, Round
Rock, TX. 78664
2.5 Public Works - Meter Shop -Utility Support: 5494 N. IH 35, Round Rock, TX. 78664
2.6 Public Works - Environmental Services: 5494 N. IH 35, Round Rock, TX. 78664
2.7 Public Works — Traffic Signals and Signs: 2015 Lamar St., Round Rock, TX. 78664
3. 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
4. PROMPT PAYMENT POLICY: Payments shall 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:
4.1. 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
4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
4.3. The 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
4.4. 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.
5. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges
associated with this agreement which arise under the antitrust laws of the United 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.
Page 9 of 9
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor 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.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. 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 Vendor 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.
1.5. Vendor 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:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. 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.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor 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.
1.5.7. 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.
1.5.8. Ail copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor 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.
1.5.10. 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 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. 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.
2.1.1. 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.
2.1.2. 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.
2.2. Persons providing services on the project ("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
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. 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.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. 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.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. 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
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known.
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. 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.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. 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;
2.10.2. 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;
2.10.3. 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;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.1 0.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
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
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. 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.
2.10.3.6. 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.
Page 4 of 4
DATE: September 17, 2008
SUBJECT: City Council Meeting — September 25, 2008
ITEM: *14B1. Consider a resolution authorizing the Mayor to execute an Agreement
for the Purchase of Uniform Rental from Unifirst Corporation for
uniform service for City personnel.
Department:
Staff Person:
Justification:
Human Resources
Teresa S. Bledsoe, Human Resources Director
Staff is recommending the uniform rental bid be awarded to Unifirst Corporation, the bidder
representing the best value to the City of Round Rock. Two bids were received from the five
vendors solicited.
Funding:
Cost: $180,000 per year
Source of funds: Utility and General Operating Budget
Outside Resources:
Unifirst Corporation
Background Information:
Employee uniforms are provided to ensure a proper image to the public. To ensure best cost to
the city, uniforms are bid by the City Purchasing Department on a contractual basis. The term of
this Agreement is for five (5) consecutive twelve-month periods. With option for renewal of two
12 month periods.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF UNIFORM RENTAL
AND LAUNDRY SERVICES FROM
UNIFIRST CORPORATION
STATE OF TEXAS
COUNTY OF TRAVIS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
§
§
§
KNOW ALL BY THESE PRESENTS:
That this Agreement for provision of weekly uniform rental and laundry services
(referred to hereinafter as the "Agreement") is made and entered into on this the day of the
month of, 2008, by and between the CITY OF ROUND ROCK, TEXAS, a
home -rule mu icipality whose offices are located at 221 East Main Street, Round Rock, Texas
78664 (referred to hereinafter as the "City"), and UNIFIRST CORPORATION, whose offices
are located at 6000 Bolm Road, Austin, Texas 78721 (referred to herein as the "Vendor"). This
Agreement supersedes and replaces any previous agreement between the named parties, whether
oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase weekly uniform rental and laundry services, and
City desires to purchase same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and
City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods/services and Vendor is obligated to sell same. The
Agreement includes the following: (a) City's Invitation for Bid designated as IFB 08-031,
Specification Number 04-983-86-01 revised April 2008; (b) Vendor's Response to IFB; (c) the
contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies
or conflicts in the contract documents shall be resolved by giving preference in the following
order:
00144599/j kg
x-,00,0)- 2 -141,1
(3)
This Agreement;
Purchaser's Response to IFB;
City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods means the specified supplies, materials, commodities, or equipment.
F. Vendor means UNIFIRST CORPORATION, or any of its successors or assigns.
2.01 EFFECTIVE DATE, DURATION, AND TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement is for five (5) consecutive twelve-month periods from
the effective date hereof. After that term, this Agreement may be renewed for successive terms
of twelve (12) months each, not to exceed in the aggregate two (2) such renewals, with such
renewals to occur on or before the expiration date of the preceding term, and with such renewals
being absolutely predicated upon the express written agreement of both parties. Such renewals
are permitted only provided Vendor has performed each and every contractual obligation
specified in this original Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
2
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
08-031, Specification Number 04-983-86-01 revised April 2008, and Response to IFB submitted
by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all
purposes. The intent of these documents is to formulate an Agreement listing the responsibilities
of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB.
The goods/services which are the subject matter of this Agreement are described in
Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully
a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
3
8.01 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 Vendor a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
4
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 08-031
(including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Randy Barker
Purchasing Supervisor
221 East Main Street
Round Rock, Texas 78664
512-218-3295
15.01 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 demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods/services elsewhere, Vendor 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 goods/service and
that it may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
5
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its 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
6
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 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 shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
A. When delivered personally to the recipient's address as stated in this Agreement;
or
B. 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 Vendor:
UniFirst Corporation
6000 Bolm Road
Austin, TX 78721
Notice to City:
James R. Nuse, City Manager
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 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.
7
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the 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 Vendor 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.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or 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 or
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 section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
8
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS UNIFIRST CORPORATI
By:
Printed Name: isk AM An(:-CorltW
Title: 0410Y"
Date Signed: 4 c1q
. 7/9, db
)(1/1/1/-
ATTEST:
bt✓1/-
ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, WIIPROVED ATO FORM:
By:
Stepphar L. Sheets, City Attorney
By:
Printed Name:
Title:
Date Signed:
9
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78684-5299
BID F.O.B. DESTINATION, FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
Various City Locations
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BG OPENING DAT! S
BID NUMBER IN LOWER LEFT
NAND CORNER OF SEALED BC
ENVELOPE & SHOW RETURN
ADDRESS OF BODING FRM.
Page 1 of 2
BIDDING INFORMATION:
Uniform Rental Services/Purchase
BID NUMBER: 08-031 Revised
OPENING DATE: 5/20/2008 at 3:00 P.M.
BID LOCATION:
221 E. Main Street, Council Chambers,
Round Rock, TX 78664
)IIIDDER SHALL SIGN BELOW
Figure l �IY>rvlII disqualify bid
Authorized s 2t
SAie'S»io.,, .S/i9/49
SrnvEs Date
Print Name
See 1.7 of Bidding Instructions
TAX ID NO.:
17 v2,56. L'/SI'
LEGAL BUSINESS NAME: uAil Al/24T Coge_p •
ADDRESS: �4 C)p g0L�,St .
ADDRESS:
CONTACT:
72- I
5TOvI (Je'Aio7-
TELEPHONE NO.:
g12 S-33.20
BUSINESS ENTITY TYPE: LAAd ftaR.e+.'+ 60A/7Pt v5/ Q poet -%7G4/1
"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."
Bidder agrees to comply with all conditions set forth in thls IFB.
This is for a five year agreement with two 12 -month renewal options for uniform rental services in accordance with Specification No. 04-983-
86-02, Revised: May 2008 (9 pgs), Attachment A - Insurance (4 pgs).
`The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum rental or purchase is made
or implied. The City will only order the amount needed to satisfy operating requirements.
ITEM
N
CLASS & ITEM
UNIFORM
TROUSERS
100 % Cotton Twill
UNIFORM
TROUSERS
Poly/cotton blend
UNIFORM
SHORTS
Poly/cotton blend
WORK SHIRTS
(100% Cotton)
DESCRIPTION
Cargo Type, Navy, Dickies or City Aprvd Equal.
Note Make and Model of Item bid below
Mfr. Mdl
Cargo Type, Navy
Note Make and Model of item bid below
Mfr. Mdl
Cargo Type, Navy
Please note item bid below
Mfr.
Mdl
ESTIMATED
QUANTITY
with City of RR logo and Dept. or Division sewn on
left heart and employee name on right heart.
Note Make and Model of Item bid below
Mfr. Mdl
891.5
'Est. weekly
200
"Est. weekly
22
"Est. weekly
1281.5
'Est. weekly
PRICE
(Per garment)
EA. TOTAL
X 52 Weeks ■
Estimated Annul
Per Garment
//eZi
SSE
Sem
EXHIBIT
nArt
/-%T/ / eA
$ $
REPLACEMENT
COST
$
each
$
each
$
each
$
each
r
ITEM
5
6
7
CLASS & ITEM
WORK SHIRTS
(Poly/Cotton blend)
COVERALLS
Poly/cotton Twill
COVERALLS
Poly/cotton Twill
DESCRIPTION
with City of RR logo and Dept. or Division sewn on
left heart and employee name on right. Note
Make and Model of item bid below
Mfr. Mdl
with City of RR logo and Dept. or Division sewn on
left heart and employee name on right heart.
Note Make and Model of item bid below
Mfr. MW
ESTIMATED
QUANTITY
IFB No. 08-031 - Uniform Rental Services
Page 2 of 2
PRICE
(Per garment)
EA. TOTAL
1281.5
`Est. weekly
Lined for winter wear with CORR Logo and Dept. or
Division sewn on left heart.
Note Make and Model of Item bid below
Mfr. Mdl
8
COVERALLS
Poly/cotton Twill
9
BiB OVERALL
10
11
12
12
81B OVERALL
JACKET
JACKET
APRON
13
T-SHIRTS
(Cotton or blend)
14
T-SHIRTS
with Pocket
(Cotton or blend)
15
15
TWILL CAPS
(Baseball style)
LAUNDRY
SERVICE
ALTERNATE TO LINE *7 - Lined for winter wear
with CORR Logo and Dept. or Division sewn on left
heart. W/O LAUNDRY Note
Make and Model of item bid below
Mfr. MdI
Lin• -. , and Dept. or
Division,
rightheart. Note
Make and Model of Item bid below
Mfr. Mdl
ALTERNATE TO LINE *9 - Lined for winter wear
with CORR Logo and Dept. or Division sewn on left
heart and employee name on right heart. W/O
LAUNDRY Note
Make and Model of Item bid below
Mfr. Mdl
Tined for winter wear with City of RR Logo and
Dept. or Division sewn on left heart and employee
name on right heart. Note
Make and Model of item bid below
Mfr. Mdl
ALTERNATE TO LiNE *11 - Tined for winter wear
with City of RR Logo and Dept. or Division sewn on
left heart and employee name on right heart W/O
LAUNDRY Note Make
and Model of Item bid below
Mfr. MdI
Shop Type to protect from grease/grim
Note Make and Model of item bid below
Mfr. Mdl
Item to be purchased by City of Round Rock - Logo
to be sewn on left heart.
Note Make and Model of Item bid below
Mfr. Mdi
Item to be purchased by City of Round Rock -
CORR logo to be sewn on left heart.
Note Make and Model of item bid below
Mfr. MW
200
•Est weekly
252
*Est. weekly
252
*Est weekly
$ $ $
X 52 Weeks a
EadmetedAnnual REPLACEMENT
Per Garment
COSGarment
$
SEcl r4-7710ci/C-4
each
each
200
'Est. weekly
$ 44-17
each
S� A-i,,q-c-//-c-0
each
200
*Est weekly.
300
*Est weekly
300
*Est. weekly
50
'Est. weekly
699
• Est. total
$ cam$
$ Sees $
$
each
$
each
each
$
each
Item to be purchased by City of Round Rock - Logo
to be sewn on cap.
Note Make and Model of item bld below
Mfr. Mdl
INEEklytharge per employee
699
" Est. total
966
*Est. total
233
*Est weekly
SGS ,4P7 cD
$ $ $
$ Se, /tirT/� y(J
$ 417771$414/4-4
$ S $A-77ieP
each
each
each
each
N/A
TOTAL
Is
W
V
)
E a+
38
A ()
a
to
f4)
6
N
M47,
co
C
N
8
N
44
CO
N
O
0
03
N
N
N
M
44
03
ui
N
r7
44
ori
co
(0
sr-
414
C
49
csi
M
(0
N
N
46
O
O
O
sr
(4)
8
csicn0)
49
2
0
6901
(14.
0)
(C7
N
0
0)
a
n
M
01
69
- O
,
NNC
�f.
0
Na
w
- M
0 N
F w
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N
F O
n
sr
m
1-
8
sr
N
O
O
4
0
3
O
(0
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C1
0.
0
u
N
m yyyO0
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rs-
69
O
4
m
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0
0
c
0
8 O
M
0
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4
0
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0
w
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a
2
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O
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4
m
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LL
R
u_
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umO
100% Cotton Shirt
w
65/35 Work Shirt
_o
•
CO
4,
65/35 Microcheck Shirt
2
O
0
43
65/35 Coveralls
O
(09
C
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p
4(9
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O
Total Total Total for Total for Total Total for Total for52 Replacement
for 252 for 300 899 891.5 for 9661 1281.5 I Weeks I
Cost
o
a
rn
m
a
vs
a
w
o
a
vi
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a
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49
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o
69
o
co
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-
44
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co
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al
a
403
Includedin
rental
O
(4
01
CO03
49
$7,836.29
0)
co
69
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$
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Weeky charge per I I
employee
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• .
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,
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6
Style Description
UnWear Permalined
Hip Jacket
suoidv do c wi Pn 1
un ear Permalined
Jacket W/O Laundry
UnWear Permalined
Hip Jacket W/O
Laundry
Moisture Management
T -Shirts w/embroidery
Y
IL.:'..
awou k.oaon/roiy !-
Shirt w/embroidery
50/50 Cotton/Poly
Pocket T -Shirt
w/embroidery
i
LOW rrone Cotton Cap
w/ embroidery
Contrasting Sandwich
Bill Cap w/embroidery
Relaxed Brushed Twill
Cap w/embroidery
Brushed Twrli Cap
w/embroidery
CO
M
r
.-
04
I()
N
CO
No
�Q3aa
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03
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m > v
.5 m O
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ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees
product offered will meet or exceed specifications identified in this Imitation For Bid (IFB).
1.2 Bids should be submitted on this form. Each bid shall be paced in a separate envelope completely and property identified. See instructions on reverse side. Bids must be
in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB.
1.3 Late bids property identified will be returned to bidder unopened Late bids will not be considered.
1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. ff otherwise, show exact cost to deliver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, iii prices shall govern Bids subject to unlimited price
increase will rot be considered.
1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance Mess requested. Cash discount will not be
considered in determining the low bid. All cash discounts offered will be taken if earned.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Facture to sign will disqualify bid. Person signing bid shall show tittle and authority to bind
signatories firm in a contract Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following:
Individual, Partnership, Sole Proprietorship, Estate/frust, Corporation, Governmental. Non -profs, al others shall be specified. INDIVIDUAL: List name and number as
shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name
of entity and Tax Identification Number (fin).
1.8 Bid carrot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be
withdrawn after opening time without approval of the CITY based on a written acceptable reason
1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid
1.10 The City reserves the right to accept or reject al or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be
rade at the sole dacretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the prerened mail response. The City shal not be responsible for bids received late, illegible, incomplete, or
otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or mantacluers reference used in IFB is descriptive only (rot restrictive), and is used to indicate type and quality desired Bids on brands of like
nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemmertt Code. If other than brand(s) specified is
offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid If bidder takes no exceptions to specifications or reference
data in bid, bidder will be required to furnish brand names, numbers, etc, as specified in the IFB.
2.2 Al items bid shall be new, in fust class condition, indudng containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the
contrary wit not be recognized.
23 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be retuned b the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code_ Do not enclose in or attach to bid.
2.4 The City wit not be bound by any oral statement or representation contrary to the written spec ficadons of this IFB.
2.5 Manufactureris standard warranty shed apply unless otherwise ise stated in the IFB.
3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:4.1 Bid should show number of days recNired to pace material in Citys designated location trader rnrtnal conditions. Failure to state deliver time obligates ocomplete
to nplete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid fist (See 42 following.)
4.2 If delay is foreseen, contractor shad give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge full increase, i any, in cost and handling to defaulting contractor.
4.3 No substitutions or cancellations pemttted without written approval of the City.
4.4 Delivery shad be made during normal working hours only, Mess prior approval for late deivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS. All goods will be subject to inspection and test by the Cly to the extent practicable at all times and paces. Authorized City personnel shed have
access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested fail to meet or exceed all conditions and requirernerts of the specffications, the cost of the sample used and the cost of the testing shall
be borne by the suppler. Goods, which have been defrvered and rejected in whole or in part, may, at the City's option, be retuned to the Vendor or held for disposition at Vendors
risk and expertise. latent defects may resod in revocation of acceptance.
6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become
contracts unless and until they are accepted by the City through its designates and a purchase order is issued The contract shall be governed, construed, and interpreted under
the Charter of the City and the laws of State of Texas. All contracts are subject to the approval d the City Council.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on al copes.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims invoking infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State
of Texas. Tx, Bus. And Comm. Code Am. Sec.15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statemerd is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all
bid lists. By signature hereon effaced, the bidder hereby certifies that
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future empbyment, gift, ban, gratuity, special discount, tip, favor,
or service to a public servant in correction with the submitted Lid
10.3 The bidder is rot currently delinquent in the payment of any deli owed the City.
10.4 Neither the bidder nor the fine, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the
antitrust laws of this State coddled in Section 15.01 et Seq. Texas Business and Corrrrercial Code, or the Federal Ariitrust Laws, nor cananunicated directly or indirectly
the bid made to any competitor, or any otter person engaged in such lire of business.
10.5 The bidder has not received compensation for partidpetion in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conitions attached to bid wet not be considered unless the bidder specifically references them on the front d this bid fours. WARNING: Such
terms and conditions may result in drsgtmlfication of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment Limitations on remedies, etc.) The
City of Round Rock can only accept bids which contain at the terms and conditions of its formal IFB; in particular, at bidders affirmations and certifications must be included.
Submission of bids on forms other than City bid form may result in disqualification of your bid.
12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
ROUND ROCK, TEXAS
PURPOSE PASSION. PROSPERITY
CITY OF ROUND ROCK, TEXAS
INVITATION FOR BID ADDENDUM
UNIFORM RENTAL SERVICES
IFB No. 08-031 Addendum No. 1 Date of Addendum: Mav 1.2008
The following items In the IFB identified above have been replaced:
A. Bid Opening Date has been changed:
From: May 14 at 3:OOP.M.
To: May 20 at 3:OOP.M.
B. Specification No. 04-983-86-1, Revised: APRIL 2008 (9 pgs) has been replaced with Specification
No. 04-983-86-2, Revised May 2008 (9 pgs).
C. The attached "Revised Bid Sheet" replaces current bid sheet and shall be turned in with bid.
D. Attached a copy of the City Logo as a jpeg file for your Information. Please note: City Logo is the
property of the City of Round and shall not be used In any fashion that Is not pre approved by the City.
All other terms and conditions of this IFB and specifications remain unchanged.
Approved by
zi,k)
By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above
referenced IFB.
ACKNOWLEDGED
�Mf/R5r Ca
Vendor
•
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF ROUND ROCK WITH
YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR BID.
r✓
SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
CITY OF ROUND ROCK
UNIFORM RENTAL SERVICE
PART 1
GENERAL
1. PURPOSE: The City seeks to contract with a qualified bidder to provide all goods and services
for Uniform Rental Services at 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, Travis and Williamson County, Texas.
2.3. Agreement — A mutually binding legal document obligating the Vendor to furnish the goods,
equipment or services, and obligating the City to pay for it.
2.4. Vendor — (Sometimes referred to as 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, and the City's commitment to accept the Goods or
Services for an agreed upon price.
2.7. Services - work performed to meet a demand. The fumishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified
2.8. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a
Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the
Vendor's obligations arising from a contract with the City.
2.9. Uniform — Shall identify one top and on bottom garment.
3. CLARIFICATION: For clarification of specifications, bidders may contact:
Carolyn Brooks
Purchaser
City of Round Rock
Telephone: 512-218-5457
3.1. 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.
Page 1 of 9
SPECIFICATION NO.
04-983-86-01
REVISE: MAY 2008
4. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Govemment Code
(House Bill 914) requires that any vendor or person considering doing business with a local govemment
entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of
interest with a local government entity. The Conflict of Interest Questionnaire form is available from the
Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may
be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
4.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result in the disqualification of the vendor's proposal.
PART I1
GENERAL CLAUSES AND CONDITIONS
1. GOODS: The good(s) furnished under this specification shall be the latest improved model in current
production, as offered to commercial trade, and shall be of quality workmanship and material. The bidder
represents that all equipment offered under this specification shall be new. USED, SHOPWORN,
DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE NOT ACCEPTABLE.
1.1 Bidder should submit with their bid, the latest printed literature and detailed specification on goods
the bidder proposes to fumish.
1.2 The unit shall be completely assembled and adjusted, and all equipment including standard and
supplemental shall be installed and the unit made ready for continuous operation.
1.3 All parts not specifically mentioned that are necessary for the unit to be complete and ready for
operation, or which are normally furnished as standard equipment, shall be furnished by the
contractor. All parts shall conform in strength, quality and workmanship to the accepted standards
of the industry.
1.4 The unit provided shall meet or exceed all federal and State of Texas safety, health, lighting and
noise regulations and standards in effect and applicable to equipment furnished at the time of
manufacture.
2. LABOR: The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
3. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate
attachment to the bid. The sheet shall be labeled as such.
4. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and equipment. We
encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003,
latest revision standards, technically equivalent to the American National Standards Institute/American
Society for Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing
these standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's
position that the total quality management concepts contained within these standards can result in reduced
production costs, higher quality products, and more efficient use of energy and natural resources.
Manufacturers should note that future revisions to this specification might require ISO certification.
5. ENVIRONMENT: It is the intent of the City to purchase good and equipment having the least adverse
environmental impact, within the constraints of statutory purchasing requirements, departmental needs,
availability, and sound economical considerations. Suggested changes and environmental enhancements
for possible inclusion in future revisions of this specification are encouraged.
6. DAMAGE: The Vendor 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 Vendor shall
be responsible and liable for the safety; injury and health of its working personnel while its employees are
performing service work.
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SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
7. WORKPLACE: 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 Vendor, Vendor'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.
8. BEST VALUE 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.
8.1 Bid price
8.2 Reputation of the bidder and of bidder's goods and services.
8.3 The quality of the bidder's goods or services.
8.4 The extent to which the goods or services meet the City's needs
8.5 Bidder's past relationship with the City. All vendors 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.
8.6 The total long-term cost to the Municipality to acquire the bidder's goods or services.
9. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official
or Employee evaluating or considering the bids prior to the time a bid decision has been made.
Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in
order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid.
Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award
of the bid then in evaluation, or any future bid.
7. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12
month periods of time from the effective date and shall remain in full force and effect unless and until it
expires by operation of the term stated or until terminated or extended as provided herein. The City
reserves the right to:
7.1. Renew Agreement for two (2) additional periods of time not to exceed twelve (12) months for each
renewal provided both parties agree.
7.2. Review the following at the end of each twelve-month review period or renewal:
7.2.1. Vendor performance;
7.2.2. Price;
7.2.3. Continuing need;
7.2.4. Advancements in technologies and/or service
7.3. The City may terminate the Agreement with or without cause or may continue through the next
twelve-month review or renewal period.
8. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal
year if the goveming body of the City does not appropriate funds sufficient to purchase the estimated yearly
quantities, as determined by the City's budget for the fiscal year in question. The City may affect such
termination by giving Vendor a written notice of termination at the end of its then current fiscal year.
9. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days
prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to
cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or
liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation,
without penalty, at any time the City deems the vendor to be non-compliant with contractual
obligations.
10. ABANDONMENT OR DEFAULT: A Vendor 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.
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SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
11. 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 Vendor shall furnish the City with satisfactory
proof of its compliance.
12. 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 City of Round Rock,
Texas, 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).
13. INDEMNITY: Vendor 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 Vendor, its officers,
agents, servants and employees.
14. INSURANCE: The successful Bidder shall meet or exceed ALL insurance requirements set forth by the City
as identified in Attachment A to the specifications. Any additional insurance requirements of participating
or cooperative parties will be included as subsequent Attachments and shall require mandatory compliance.
15. LIENS: Vendor 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 Vendor or subcontractors shall provide a proper release of all liens or satisfactory
evidence of freedom from liens shall be delivered to the City.
16. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement
shall lie in Williamson County.
17. 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.
18. INTERLOCAL COOPERATIVE CONTRACTING: Other govemmental entities within the State of Texas may
be extended the opportunity to purchase off of the City of Round Rock's solicitation, with the consent and
agreement of the successful vendor(s) and the City of Round Rock. Such consent and agreement shall be
conclusively inferred from lack of exception to this clause in vendor's response. However, all parties indicate
their understanding and all parties hereby expressly agree that the City of Round Rock is not an agent of,
partner to, or representative of those outside agencies or entities and that the City of Round Rock is not
obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback"
procurements.
PART III
SPECIFICATIONS
1. SCOPE: This specification describes a rental service to provide City personnel with clean
uniforms. This service shall include but not be limited to sizing personnel, launder, repair and/or
replace, pickup and deliver garments to City locations. Services shall meet or exceed all
requirements herein and as mutually agreed between the Contractor and City.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the
type of uniforms and cleaning service. Materials not otherwise specified shall be the sole
responsibility of the Contractor to ensure they are of equal or greater quality for durability and
compatibility.
3. INTENDED USE: The purpose of these specifications and the resulting contract is to provide the
City with weekly uniform rental and laundry services.
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SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
4. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance
of such bidder as qualified and responsible. All bidders shall:
4.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of commodity or provision of the services as specified herein.
4.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
4.3. Provide references to include the name, address, telephone number and point of contract
of at least three entities for which the bidder has preformed similar service and or utilized
the exact technology within the past three years. Any negative responses received may
result in disqualification of bid.
4.4. 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.
5. SITE VISITS: The City and/or their representatives will have the right to visit and inspect the
bidder's facility any reasonable time prior to award and/or to conduct unannounced visits during
the performance of the service.
6. ESTIMATED REQUIREMENTS: The quantities stated on the bid sheet are the best estimate of
the City's needs for a one (1) year period.
7. SAMPLES: Bidder must submit samples of uniforms proposed with its bid.
7.1. Each sample shall be marked with the bidder's name.
7.2. The samples provided by the successful bidder shall be retained by the City to insure
compliance with all aspects of the sample approved until contract completion.
7.3. Samples provided by unsuccessful bidders shall be returned at the expense of the bidder.
7.4. The City will dispose of or destroy all samples not claimed after fifteen (15) calendar days
from the date of contract award.
8. CONTRACTOR RESPONSIBILITIES: The Contractor shall:
8.1. Providing all labor, goods and services necessary to perform the service.
8.2. Provide each employee with eleven uniforms for a five day work week.
# of Uniforms
per employee
Price Per
Garment
Total Wkly cost
(11 issue) )
Total Annual
($ X 52 Weeks)
11 shirts
$ .50
$5.50
$286.00
11 trousers
$ .50
$5.50
$286.00
8.3. Launder, press and deliver clean uniforms and pickup soiled uniforms weekly.
8.4. Repair or replace garments as needed to maintain first class appearance.
8.5. Coordinate with the City's Representative to establish best work schedule and discuss
any changes.
8.6. Respond to complaints within forty-eight (48) hours with a reasonable and acceptable
solution.
Page 5 of 9
SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
8.7. Rectify any problem that they are made aware of within ten (10) calendar days of said
notice.
9. OUTERWEAR: Vendor shall provide outer wear (coveralls, bib overalls, jackets) as identified on
the bid and as needed.
9.1. Outerwear will be utilized for approximately six months beginning the first part of October
and ending in March unless otherwise agreed to by the City and the Contractor.
10. SIZE OF THE UNIFORMS: The successful bidder is responsible for furnishing the proper size
uniforms; therefore, the successful bidder shall determine the size of each employee authorized to
receive a uniform prior to delivery.
10.1. Measuring for uniforms:
10.1.1. The successful bidder shall be allotted one week to measure all employees
for new uniforms as coordinated by the City. Fittings shall be on site, at City
locations.
10.1.2. The successful bidder shall have garments on display, at the time of
measurements, the various uniform style options selected by the City.
10.1.3. The successful bidder shall coordinate any additional measurements and size
adjustments with the appropriate department.
10.1.4. City staff shall be fitted with care to insure proper sizing and first class
appearance.
10.1.5. Uniform shirts shall be available in a minimum of four color choices except
denim in garment selection.
10.1.6. City employees shall be given the choice of either long and/or short sleeved
shirts.
10.2. Changes:
10.2.1.
The successful bidder shall supply the City with new and unused uniforms in
accordance with employee request as dictated by changes in weather
conditions.
10.2.2. In the event of employee size changes due to increase or decrease in weight
or height, the successful bidder shall make the necessary size adjustments at
no cost to the City.
10.2.3. The successful bidder shall supply the City with new and unused uniforms in
the event of a size change.
10.2.4. New uniforms shall be delivered to each department within thirty days after
issuance of contract.
11. CONDITION OF UNIFORMS: All uniforms shall be new and unused at the start of this contract.
Like -new uniforms are not acceptable. The successful bidder shall maintain the uniforms in an
acceptable condition throughout the term of this contract.
11.1. Acceptable condition of the uniforms rests solely with the respective City Department and
shall be unconditionally accepted by the successful bidder.
11.2. Uniforms shall be clean, pressed, well mended (no holes or rag tag ends), and
professionally altered when necessary.
11.3. Uniforms shall fit, look good, be comfortable and be maintained at a high level of
cleanliness and service.
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SPECIFICATION NO.
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REVISE: MAY 2008
11.4. Uniforms furnished under resulting contract shall be maintained in good repair and first
class condition and shall be altered or replaced as required to maintain such appearance.
11.5. Uniforms not in such condition at time of delivery shall not be accepted and shall be
removed from invoice until replaced or altered to acceptable condition.
12. CLEANING/LAUNDERING: All uniforms shall be laundered using detergents or cleaners that
leave the garment clean and odor free.
12.1. Uniforms that retain an offensive smell or residual odor after laundering shall not be
acceptable.
12.2. Uniforms returned with stains or holes shall be replaced at the vendors cost.
13. LAUNDERING ISSUES: Vendor can expect the following types of laundering issues with City
departments:
13.1. Vehicle Maintenance: burns from welding shall be repaired, heavily soiled from grease,
flaws and damage from exposure to battery acid, snags in garments, buttons popped or
broken off, paint stains from painting equipment, hydraulic fluid.
13.2. Parks and Recreation: grass stains, tears, and burns from welding, soil from outside
activities, buttons popped or broken off, paint, and glue.
13.3. Sign Shop/Traffic: paint stains from painting street signs, generally soiled, electrical
burns, glue, tar, tears, and buttons popped or broken off.
13.4. Street: tar, dirt, grease, from outside street repair work, burns from welding, tears and
snags, buttons popped or broken off, paint.
13.5. Water Treatment: tar, dirt, grease, heavy soil, paint, glue, welding burns and holes,
buttons popped or broken off, tears and snags, exposure to effluent and sludge.
13.6. Wastewater: oil, grease, dirt heavily soiled from sludge, paint, bleach, glue, buttons, tears and
snags, buttons popped or broken off, exposure to effluent and sludge.
13.7. Electric Utility: generally soiled, paint, electrical burns, glue, creosote, grease, hydraulic
fluid, grass stains, tears, or buttons off.
13.8. Animal Control: grass, blood, bleach, ink, dog food stains, feces, odors, tears or snags,
buttons popped or broken off.
13.9. Building Inspection: grass, creosote, mud, tears, plumbing glue and cleaner, paint,
buttons popped or broken off.
14. PRESSING: All uniforms shall be neatly pressed and delivered one article per hanger. Pressing
of uniforms shall be in accordance with acceptable standards and the best practices of the
industry.
15. REPAIRS: Repair tags shall be provided to each location at start-up of the contract, and as
needed throughout the term of the contract.
15.1. Any garment tagged for repairs, shall be returned in a repaired condition, or shall be
replaced, within one week (next delivery) at no cost to the City.
15.2. Repairing uniforms with patches shall NOT be acceptable.
15.3. Uniforms delivered with rips, holes, missing buttons, etc. shall be sent back and no rental
charge shall be paid for that item until it is returned in an acceptable condition.
15.4. The Vendor shall respond to complaints within forty-eight (48) hours with a reasonable
and acceptable solution.
15.5. The Vendor shall be required to rectify any problem that they are made aware of within
ten (10) calendar days of said notice.
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SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
16. REPLACEMENT OF GARMENTS: The City shall absorb the cost of any garment, purchase or
rental, lost or damaged through negligence or through termination of employees only at the price
shown on the bid sheet.
16.1. Any uniforms paid for under this provision shall become the property of the City.
16.2. Replacement of garments damaged in the line of duty shall be at the expense of the
successful bidder. Replacement garments shall be new and unused.
16.3. The City shall determine if the garment is considered ready for replacement. Like -new
garments are not acceptable.
16.4. The Vendor shall be required to rectify any problem that they are made aware of, within
ten (10) calendar days of said notice.
17. INCREASE OR DECREASE IN QUANTITIES: The quantities listed on the bid sheet are
estimates. The City may increase or decrease the number of uniforms, as it deems necessary
due to termination of employees, additional employees or any other variations.
17.1. The successful bidder shall submit a procedure for an employee to begin, discontinue, or
transfer uniform services from one location to another. New and unused uniforms for new
employees, if and when required, shall be delivered within fourteen (14) calendar days
after notification.
PART IV
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. DELIVERY: Delivery of initial inventory shall be completed within thirty days from issuance of
contract to vendor.
1.1. Deliveries are to be made on a weekly basis between the hours of 8:00 a.m. to 12:00
noon and 1:00 p.m. to 4:30 p.m.
1.1.1. Vendor shall establish a regular and routine delivery day with each department
and shall deliver to said department once a week for duration of this contract.
1.2. Laundered and pressed uniforms shall be delivered to the department location the same
day the soiled uniforms are picked up.
1.2.1. If the vendor fails to deliver all of the required uniforms on the regular delivery
day, vendor shall make a special delivery of any missing uniforms no later than
the next day after the regularly scheduled delivery day.
1.3. Vendor must make other arrangements for delivery of uniforms during City holidays.
1.4. The vendor shall be responsible for pick-up of excess wire hangers at all sites for
recycling through their firm.
1.5. The acceptable level of service for this contract shall be a 98% performance of each
delivery to each department.
1.5.1. Satisfactory performance shall include no shortages, repairs completed,
loss/damage replacements, clean and pressed uniforms, etc.
1.5.2. The successful bidder shall be assessed a $10.00 penalty for each unacceptable
delivery below the 98% performance level.
Page 8 of 9
SPECIFICATION NO.
04-983-86-02
REVISE: MAY 2008
2. Uniforms shall be delivered, on hangers, to the following locations: NOTE: The City may add or
delete # of Locations as necessary to provide service to City personnel.
2.1 Parks and Recreation Maintenance Yard: 300 South Burnet, Round Rock, TX. 78664
2.2 Public Works - Water, Wastewater, I&I and Streets: 910 Luther Peterson Place,
Round Rock, TX. 78664
2.3 City Shop — 901 Luther Peterson Place, Round Rock, TX. 78664
2.4 Public Works - Environmental Services -Recycling: 310 Deepwood Drive, Round
Rock, TX. 78664
2.5 Public Works - Meter Shop -Utility Support: 5494 N. IH 35, Round Rock, TX. 78664
2.6 Public Works - Environmental Services: 5494 N. IH 35, Round Rock, TX. 78664
2.7 Public Works — Traffic Signals and Signs: 2015 Lamar St., Round Rock, TX. 78664
3. 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
4. PROMPT PAYMENT POLICY: Payments shall 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:
4.1. 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
4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
4.3. The 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
4.4. 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.
5. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges
associated with this agreement which arise under the antitrust laws of the United 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.
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ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1, INSURANCE: The Vendor 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 iniuries 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.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. 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 Vendor 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.
1.5. Vendor 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:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. 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.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor 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.
1.5.7. 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.
1.5.8. 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.
1.5.9. Vendor 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.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager
City of Round Rock
221 East Main
Round Rock, TX 78664-5299
City Attorney
City of Round Rock
309 East Main
Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. 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.
2.1.1. 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.
2.1.2. 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.
2.2. Persons providing services on the project ("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
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include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. 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.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. 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.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. 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
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. 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.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. 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;
2.10.2. 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;
2.10.3. 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;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
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
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2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. 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.
2.10.3.6. 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.
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