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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 TOTAL O 0) du' W N • O (O (0 (0 (D CO V O W N V N 0 (O 01 t0 W Op N CO N N Co A 0 mg C O 0 c a a W 2 W 0 speJQnoO 9£/99 P!4S Nomloaa!W 4£/59 8 P!Ms 51.10M 9£/99 O mMS uouoO %OO L -n -n a 0 0 N CO 0 0 c - co C) m 0 0 u N rn cn 7 m a Er o. O N 0) 0) 0 m 1 00 3 v m 3 0 slued aim 4£/49 0 0 0 1 O 0 -0 m 3 8 0 O 5 O 0 m 0 0 C) CA a O 3 0 3. O 3 0 N 4, A 0 0 4 CO 0 O A 4, O 3 m 4' O IJ V 0 O N 0 N 4, 0 W COs 0$ CO t O O A O O o O N O 0 O — O O g O -4 W V CO o N w 0 O-4 -IO 0 L2 VI" N O -1 W O co am (D -w co Og J 01 O 01 0) O A 0 O 0 O) O 40 V CO N O O 69 0 0) O O O fn N 0) vt A O) W 0 N W A 8 O 4, -4 (.J N Co O Co V) CO IV (O M W coN N tot O (0 0 N V f/) N 0 CO Co O Aft W N Ou O N_ V CO CO 01 N O N 0 m 13ri0 3 r+ 0 3 0 1< 0 0 00 s 3.n Z 6 M 2 O Q, 0 0 .0 2 0.a. . m Di 0 o W n m m 7 m (a ... qm m O m r► &'! 3 o O Cr Cr .i Ti co 3 W 0 ep s a 0 m0 to 0 m P m ""0 o a' .9. 3 Z d o 3 0 3 3 0 1 O o m co ' m 3 St ° o co Q = N1. C d1 5m O co C a °t co ? 0 < m 4 co co ,Z m 3 o 13 o -71 o m O a 3 co* m O 3o cr Q c 1 ..i 5 O G m to o ..c S 3 m •* 0) flL Q Y a 01 (T 01 01 A A W N N N ; a * �.' o N w 0 0 - 4 0)ea 1 0 �_ I tD o t0 o CO (0 O Z CO 0 CO 0 N > 8 0) A N - -� (T (T 0 (7t Al 0 0 q 0 o Weekly charge per employee Brushed Twill Cap w/embroidery Relaxed Brushed Twill Cap w/embroidery Contrasting Sandwich BIII Cap w/embroidery Low Profile Cotton Cap w/ embroidery 50/50 Cotton/Poty Pocket T -Shirt w/embroidery b(1/5U cotton/Poly T - Shirt w/embroidery i I Moisture Management T. -Shirts w/embroidery UniWear Permalined Hip Jacket W/O Laundry UniWear Permalined Jacket W/O Laundry v 3 co 0 0 1D a a I UniWear Permalined Hip Jacket Style Description co 40 co 400 (0 (0 ,c, C0t00 t0 ciso CC0 Co 0 N t W 0 Co CO 0v g. 2 . o N 61 • . ) 03 o g-+ -, o 0 — O -.I 0 0 4 Total Total Total Total for Total for Total Total for Total for52 Replacement for 233 for 252 for 300 699 891.5 for 966 1281.5 Weeks Cost 0) A o IV 0) 0 NCA 0 _CST (OT O N U m 4, r O $7,836.29 I fit W 0) CO Of A t0 CO <A N CJ CO n c 7O CO (D — d. $7.836.29 $7.836.29 W- A (D (A0 N W O. $5,585.01 ( (t 7 0 (T Co $11.177.01 $13,728.00 69 N(D y tD O O $858.00 $13,728.00 COB ((00 COh t~D 44414 (00 (UD V (0 (D 49 (D r 69 (T (tD (A A Ov (A W A d) COO 49 A v �1. 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 O N F O n sr m 1- 8 sr N O O 4 0 3 O (0 o O N F- CO C1 0. 0 u N m yyyO0 070 rs- 69 O 4 m c de 0 0 c 0 8 O M 0 0 46 4 0 N N 0 w 45 a 2 a to to O O N w N cu 0 0 4 m 0 0 a CO N 0) (I (14 0 Q LL R u_ O N 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 45 p 4(9 M O a a '0 (O CO M ca • c co "5O c • Cl CO M 8 0) O 0) N N O 03 0) 0) 0) 0) O i N sV (4) 1 O (0 r 0) 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 co a °� w ori w S 49 0 w n 49 0) 69 0 N F- 44 8os co * 0 Ni in 0 co (4 0 ^ w *0 o 69 o co 44 CO CM - 44 v co 0) 8 coo 44 al a 403 Includedin rental O (4 01 CO03 49 $7,836.29 0) co 69 O N z m 0 o 03 '0 w • 8 iv 0 N 0 `C V M O L. O g ,° O 1.!•• $ w = r g" Weeky charge per I I employee Fnrn2th norman+ +., t.,a..d 11 • . CL OD 03 w 03 C1 CO03 °' Ili , co ; to to r- 6 CO 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 •� 03 6 O O co a So ° 1 1 V r-- ,- coo F M O M O M M N 0 ti _ a E 0 .- N Z .- N i N f - :, an 'r — (0 co E. r _ eh L. L E Y III m 2 m 3 O r O N C O.G o 0 as m m E eft' QO u r a o Em ai >4 m ` m > v .5 m O w b . C w .N C 'O O 15 o E w e GO m 0 o m 0. E 0 E d o 0 c a o as m R c 3 zi0 CD 0 m 4 11 S NW C 0 O N m tae m 0) L C mV m O w = 0 m 40 0 Q .> a :t ' :W r w c z°0 E 4 k1. 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. 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 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. 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 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. Page 4 of 9 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, 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. 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 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 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: 2.10.3.1.1. 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 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