R-04-03-25-14E1 - 3/25/2004RESOLUTION NO. R -04-03-25-14E1
WHEREAS, the City of Round Rock has duly advertised for bids for
uniform rental service, and
WHEREAS, Cintas Corporation has submitted the lowest responsible
bid, and
WHEREAS, the City Council wishes to accept the bid of Cintas
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 Purchase of Uniform Rental with
Cintas 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 March, 2004.
ATa
A WELL, Ma • or
Ci y of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secre
(:PFDesktop\:: ODMA/WORLDOX./0:/WDOX/RESOLUTI/R4O325E1.WPD/sc
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
Uniform Rental FROM
Cintas Corporation
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENT:
That this Agreement for purchase of UNIFORM RENTAL (referred to herein as the
"Agreement") is made and entered into on this the 25 day of the month of March, 2004, 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 herein as the "City"), and
CINTAS CORPORATION, whose offices are located at 25 Cypress Blvd., Round Rock, Texas
78664 (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 Uniform Rental from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for City to provide
City has selected the Bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth
respective rights, duties, and obligations;
NOW, THEREFORE:
WITNESSETH:
said goods, and
in writing their
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 and Vendor is obligated to sell specified goods. The
Agreement includes the following: (a) City's Invitation for Bid designated as IFB 04-003,
Specification Number 04-983-86; (b) Vendor's Response to IFB; (c) the contract award; and (d)
1
EXHIBIT
b
A II
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:
(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 o r t he S tate o f T exas o r 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, or equipment.
F. Vendor means CINTAS 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 twelve (12) months from the effective date hereof.
After that initial term, this Agreement may renew for successive terms for a period not to exceed
three (3) years after the initial expiration of term, only upon the express written agreement of
both parties and only provided Vendor has performed each and every contractual obligation
specified in this Agreement.
C. 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
2
04-003, Specification Number 04-983-86 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 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 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.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
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later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance
with this Prompt Payment Policy; however, this Policy does not apply to payments made by City
in the event:
A. There is a bona fide dispute between City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed which causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between any of the parties and subcontractors or
between a subcontractor and its suppliers concerning supplies, materials, or
equipment delivered or the services performed which causes the payment to be
late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
9.01 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.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the g oods as specified, City r eserves the right and option to
obtain the products from another supplier or suppliers.
12.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 04-003
and its bid response.
13.01 CITY'S REPRESENTATIVE
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City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Randy Barker
Purchasing Supervisor
221 E. Main Street
Round Rock, Texas 78664
512-218-3295
14.01 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 p arty for w ritten
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.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods 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 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;
C. Fails to provide adequate a ssurance o f p erformance u nder t he "Right t o
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 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.
5
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.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees a nd elected o fficials h armless from a nd a gainst a 11 s uits, a ctions,
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 V endor's a gents, e mployees o r s ubcontractors, i n t he p erformance o f V endor's o bligations
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.
18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and s tate 1 aws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
19.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives t o e ach o ther w ith r espect t o t he t erms o f t his A greement. N either p arty s hall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
20.01 NOTICES
6
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Cintas Corporation
25 Cypress Blvd.
Round Rock, TX 78664
Notice to City:
James Nuse, City Manager
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
AND TO: 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.
21.01 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.
22.01 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.
23.01 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 s ought to be r esolved w ith t he h elp of am utually s elected
7
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 F ederal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
24.01 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.
25.01 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
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 c onsidered an original of this document; and a 11 of w hich, w hen t aken
together, shall constitute one and the same instrument.
8
IN WITNESS WHEREOF, City and Vendor have e xecuted this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS
CINTAS CORPORATION
By: By:
Nyle Maxwell, Mayor
Date Signed:
ATTEST:
Christine R. Martinez, City Secretary
Date Signed:
9
Title:
5'116 mr71/4/h-GrotJ
Date Signed: ,S Jzoo tJ
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78864-5299
BIOS 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 786646299
BID F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION
City of Round Rock
* Various City locations ,
as identified in specifications
Bidder agrees to c
with all conditions
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BIO OPENING DATE 1 aw
NUMBER IN LOWER LEFT HAND
CORNER OF $EMSD BID
ENVELOPE t SHOW RETURN
ADDRESS OF BEDDING FIRM.
BID NUMBER
OPENING DATE:
810 LOCATION:
4,
D
.o
EXHIBIT.
uAu
BIDDING INFORMATION: UNIFQR,M PENIA,{.
04-603
2/3/2004
221 E. Main Street, 1st Floor
Cowmen Chambbr;, RoUntl Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
DIDDE11 SHALL SIGN *SLOW(
Nun to :Ion bid wIN dIsquaNy bid
1.Zf 1D.1,✓1us
z-/a/za91
Gate
SR 1.7 ON BACK FOR INSTRUCTIONS:
TAXIONO.: /" 3/-/6 S9S/Z4-S
LEGAL BUSINESS NAME: C/ 40-19S ^ gG S
ADDRESS: zs t-ypiiess .C�i vv.
ADDRESS /2 Vf /LOC.} Tcx.3S
l
1(c 49661
CONTACT: Pr/VP/ J4�//s
TELEPHONE NO.: L5'z) 3 138- 9
X97o
BUSINESS ENTITY TYPE: co4poo %fa1�,f'
ITEM 5
CLASS & ITEM
UNIFORM
TROUSERS
DENIM JEANS
(Dickies or other)
DENIM JEANS
(Wrangler)
DENIM JEANS
(Levi)
WORK SHIRTS
(Cotton)
WORK SHIRTS
(Poly/Cotton blend)
DRESS SHIRTS
(Cotton)
DESCRIPTION
100% Cotton
Poly/cotton blend -so
100% Cotton; Regular fit, Slim fit
or Relaxed fir Boot cut or Straight
leg
100% Cotton; Regular fit, Slim fit
or Relaxed fit; Boot cut or Straight
leg
100% Cotton; Regular fit, Slim fit
or Relaxed fir Boot cut or Straight
leg
with City of Round Rock
logo sewn on left heart and
employee name on right heart
with City of Round Rock
logo sewn on left heart and
employee name on right heart
with City of Round Rock
logo sewn on left heart
T-SHIRTS Item to be purchased by City of
(Cotton or blend) Round Rock - CoRR logo to be
sewn on left heart
TWILL CAPS Item to be purchased by City of
(Baseball style) Round Rock - CoRR logo to be
sewn on cap
LAUNDRY
Weekly charge per
employee 160
'Est 30cap
ESTIMATED
QUANTRY
140
*Est weekly
130
'Est. weekly
100
*Est weekly
350
*Est weeldy
330
*Est. weekly
485
`Est weekly
PRICE
(Per garment)
19
$ , 65
Ai/
.z-sy
970
Est. total
320
'Est total
,419
TOTAL
1f0• 0
�. /10
37'°
v/A
e3f'
X 52 Weeks
Estimated Annual
PerGannent
2/16w .o
83
1
3z76
Ae
REPLACEMENT
COST
14,(70
each
iy ko
each
74. oo
Ae/ach
each
$ Moo
each
$ /0, ZS.
ch
764-
248,248,613'
ch
$ 4-325'300
10 $ N t 9 $ /'13(40 $ each
5 ?l- fc N/A
kly $
93y the signature hereon affixed. the bidder hereby certifies that neither the bidder nor the
weesignature
such entity has violated the antitrust laws of this State, codified ih Section 15.01 etrepresented bo the rcebick, anyone eder for TOTAL
antitrust laws, no communicated d seq., any other pe so and engaged
in Commerce Code, or the ness."
directly or indirectly, the bid made to any competitor or any person engaged in such litre of business
X 69M0 5.64//cC, 4"€/yC 0/llUA!'9 /It2t-t-i2C
iS/iTh-a✓ .a,eyS 21, cce. itivr6/ 4.ri�7 `is�� Ce2,./ /3� /t 'a9,
L-.�^J/ifll9 A I/ -4 te-7:-L/f! G A-, .4- a/ 7-- w "
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding 'spikes pricing per unit shown and extensions. If trade discount is shown on bid, k should be deducted and net line extensions shown. Bidders guarantees
product Wend will meet or exceed specifications identified In this knitslioh For Bid (IFB).
1.2 Bids ehotdd be submitted on this tam. Each bid shell be placed In a separate
envelope in to egos of Mie Cly Mothering Agent before the hour and dale spewed on q» diverse side completely properly identified. See instructions on reverse side. Bkls must be
1.3 Late bids property identified will be returned to bidder unopened. Late bids wit not be considered.
1.4 Bid F.O.B. dealt cellon, freight, prepaid, & allowed listless otnsnds. spedfied on the IFB. tl othenvise. show exact cost to deliver.
1.5increase will not of extend and show total. M case of errors in extension, unit prices shat govern Bids subject to ununited price
1.8 Bid prices shal be firer for acceptance 30 days from bid opening date. 'Discount hon List' bids are not acceptance
considered M determining the law bid. Aft cash discounts offered wit be taken if earned. P unless requested. ash drscount wit not be
1.7 Bids shat give Tax Identification Number. full name and address of bidder. Failure to sign ws
signatories firm Ina contract. Finn name should appear on each page In the block disqualify bid. Person Business
sd shall show Woe and a f the following: g
Individual, Partnership, Sole Proprietorship. Estawrr oat, Corporation. Governmental,. N-pr�tMall others shallr right be specified.. BusedINDIVIDUAL: shay be one (1) of thenumberas
shown on Social Securty Card. SOLE PROPRIETORSHIP; List legal name followedLuse name and galname e
deftly and Tax Identiioation Number Mn). by business name and soda) Security Number. ALL OTHERS; Ust legal name
1.8 Bid cannot be altered or amended after opening lime. My Alteration made before
withdravm after time without approval of the CITY based on a written °P ening time shal be inhaled by bidder or an authorized agent. No bid can be
1.9 The Cty is exempt from State Sales Tax and Federal Excise Tax. Do not includeax in bid anon.
1.10 The Gey reserves the fight 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
made at the sole discretion cite City.
1.11 Consisted and continued be bide 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 reepase b the IFI.
1.13 CAUTION: Bid irMtation allows sufficient time for receipt of the preferred mall response. The City shay not be responsible for bids received late, illegible, incomplete, or
oche noise non-responsive
2. SPECIFICATION:
21 nature and qualty wtil be My catalog, brand name or manufaciurees reference used in IFI is descriptive only (not restrictive), and is used b irate type and quality desired. Bids on brands of like
considered unless aeised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is
obidder offered
in bid. illustrations and
i descripeons of product offered are requested b be made a pert of the bid. f bidder takes no exceptions b specifications or reference
2.2 Al inerts b. d dhshallit benew, refirdoss brand names, numbers, etc. as spedlled in the IFI.
contrary will not be recognized. dition, including
containers suifat>tefor Pned and storage, unless oterwise indicated in IFB. Verbal agreements to the
2.3 Samples. %sten requested, must be furnished free of expense Each example should be marked wth bidders' name and addresstDshe Cybi If notm destroyed incode. Do not
enclose se I or be returned to the bidder, on request at bidder encpense.
2.5 M2.4 The anufacturer's wit not be
standard by any oral statement or representation connttr.-rry d number
the and
spedficetlons of this IFB. attach b bid.
warranty shat apply unless otherwise stated in the IFB.
3. TIE BIDS: In case of tie bids, the award wi be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Bid should stow number of days required to plane material in Ctys designated location under norrmal condition. Failure to state delver time obligates bidder to
complete
delvery M fourteen (14) calendar days. Unreakstically short or long deivery promises may cause bid b be disregarded. Consistent failure to meet delivery promises
4.2 valid reason may cause removal (roan bid gat. (See 4.2 following.)
delay is foreseen, contractor shal give written Asa to Cay. The City has the night to extend delivery date if reasons appear valid Contractor must keep the City
advised at all times of status of order. Default in elveryy reasons) or failure to meet
or.
4.3
elsewhere and charge full increase. if any, in cost and specifications, authorizes the City b purchase supplies
substitutions or cancellations permitted without %vitlen approval of the City.
4.4 Delivery shell be made during normal working hours only, unless prior approval for late delivery has been obtained from the City. unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: Al goods wily be subject b inspedton and test by tie City tote extent predicable at all tires and places. Authorized City personnel shay have
access to any suppliers place of testedsiness e fay b sheet for the puror pose
eadof merchandise. Tests may be performed on samples submitted with to bid or on samples taken from
regular stlprnhentt. f the products
be borne and by the suppler. Goods which have been delivered and rejected in whole or p may. at thcal conditions and requirements of the an, be returned to sample
leendor or held for i$used and the st of the testing tVe shay
expense. Latent deieds may resut in revocation of acceptance. spoeitian at verhdora
6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terns, conditions, and s
contracts unless and until May are accepted by the City through its designates and a purchase order is issued. The contract s be M the IFB Bidsier not become
Mie Charter of Me City and tAlo laws of State of Texas. contracts are subject to the approval of the City Councl. and under
7. PAYMENT: Vendor shal submit tree (3) copies of an invoice stowing the purchase order number on all copies.
8. PATENTS ANO COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights.
9. VENDOR ASSIGHNMENTS: Vendor hereby assigns b purchaser any and al claims for overcharges associated with this contract. which arise under the antitrust laws of the State
of Texas. Tx, Bus. And Comm. Code Mn. Sec. 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material bread, of contract and shay void the
bid Rats. By signature hereon of xed, the bidder hereby certifies that s ord bid any resulting contrails, and the bidder shall be removed from all
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity. future employment, gift, ban,
or service to a public servant in connection with the submitted bid. 9re , special discount.favor,
10.3 The bidder is not currently delinquent in the payment o►any debt owed the City.
10.4 Neither the bidder nor to Mum, corporation, partnership, or any entity represented by the bidder, or anyone
andbust laws of this State codified M Section 15.01 et Seq. Texas Business andacting nor such firm. corporation, cora ed entity has violated the
the bid made to any competitor, or any other person engaged in such line of business_ or the Federal Antitrust Laws, nor communicated directly or indirectly
10.5 The bidder has not received compensation for partldpaton in the preparation of the spechcation for this IFS.
11. NOTE TO BIDDERS: My tams and conditions attached to bid will not be considered unless the bidder specificaNy references them on the front of this bid form. WARNING: Such
banns and conditions may result in disqualification of the bid (e.g. bids with the haws of a state anther than Texas requirements for
City of Round Rock can only accept bids which contain alt to terns and conditions of Ns format IFB; M prepayment Limitations certifications
tons i on s must be etc.) The
Submission of bids on horns other than Cty bid form may result in disqualification of patcular, al bidders affirmations and certifications must included.
your bid.
12. INQUIRIES: Inquiries pertaining b bid Mons must give bid number, codes, and opening date.
CII.
THE UNIFORM PEOPLE
Clarification Bid 04-003
The following items are to clarify Cintas operating procedures as it pertains to the intent
of the bid requirements and specifications 04-983-86.
8. Cancellation- Company guarantees to deliver the highest quality textile rental service
at all times. Any complaints about the quality of service which have not been resolved in
the normal course of business must be sent by registered letter to the Company's General
Manager. If Company fails to resolve any material complaint in a reasonable period of
time, Customer may terminate this agreement provided all rental items are paid for at the
then current replacement values or returned to Company in good and usable condition.
9. Condition of Uniforms- "First Class Condition" -Cintas management and Round Rock
City Department management shall determine prior to bid award what is considered an
acceptable garment quality for each department and job task. Garments will be replaced
and upgraded to maintain such appearance. Upgrades will be supplied from out of stock,
unused and new garments to match the determined "First Class Condition" for each
department.
10. Cleaning and Laundering- Cintas Round Rock has developed a state of the art
computerized microbe -inhibiting laundry wash process. Our unique wash process will
kill bacteria six log. Garments, which are exposed to contaminates such as, paint, glue,
and tar cannot be removed 100% by a standard wash process. These garment will be
returned cleaned and bacteria free with stains.
12. Pressing- All uniforms will have a neatly pressed appearance and will be delivered
one article of clothing per hanger. Pressing of garments shall be in accordance will
acceptable standards and the best practices of the industry. Cintas "Comfort" 65/35
Cintas Corporation 25 Cypress Blvd. Round Rock, TX 78664 Office: 512.388.9709 Fax: 512.388.7779 www.cintas.com
uniforms are finished with the use of a steam tunnel designed to deliver a neatly pressed
appearance without damage to the finished garment.
13. Repairs- Repair tags shall be provided to each location. In addition to repair tag
requests, every soiled garment will pass through our inspection stations, which will
automatically repair or replace damaged garments. Cintas Round Rock on average does
10,000 repairs weekly in addition to our customer requests.
14. Replacement of Uniforms- Any garment that requires upgrading from normal wear
will be replaced at no charge. Garments purchased new for the use of City employees
should have a reasonable life expectancy to be in service. Replacement of uniforms
damaged in the line of duty prior to that reasonable life expectancy shall be absorbed by
the City at the depreciated replacement rated used on Bid.
Other items of clarification:
-Cintas cannot commit to one-week turn -around for new hires, upgrades, or replacement
on Wrangler Jeans.
-Cintas supplies men and women's executive oxford shirts in a 60/40 -cotton blend
-Cintas does not offer Levi Jeans for rental service
-Cintas can provide a cleaning service for City owned garments, which are not offered, in
the rental program.
Referrals
Alcoa Robert Coker 210-635-6133
P.O.Box 1231
Rockdale Tx. 76567
Don Hewlett James Evans 512-930-5881
7601 SIH -35
Georgetown Tx. 78626
Premier Mazda Andy Jabfen 512-930-1314
7551 S.IH-35
Georgetown Tx. 78626
Maxwell Dodge Chris Violia 512-219-3634
13401 N. FM 620
Austin Tx. 78717
Elgin I.S.D. Mike Sullivan 512-281-5751
805 W. 10 St.
Elgin Tx 78621
UZ/U2/0004 1x:45 FAX 5122187028
CORR PtTRCHASING 2002/002
INVITATION FOR BID ADDENDUM
PURCHASING OFFICE
CITY OF ROUND ROCK, TEXAS
IFB No, 04-003 Addendum No. 1 Date of Addendum: February2 2004
The Above Invitation For Bid (IFB) has been changed to include the following:
1. Correction of Bid Opening date and time. Please change the following document to
reflect Bid Opening Date of 2/10/2004 at 3:00 pm.
IFB, Page 1 of 1
All other terms and conditions of this IFB and specifications remain unchanged.
Approved by
By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part
of the above referenced Invitation For Bid.
ACKNOWLEDGED
Vendor Authorized Signature
J— `
Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUE
GROUNDS FOR REJECTION OF YOUR BID.
DATE:
SUBJECT:
ITEM:
March 19, 2004
City Council Meeting - March 25, 2004
*14.E.1.
Consider a resolution authorizing the Mayor to execute an Agreement
for the Purchase of Uniform Rental from Cintas Corporation for
uniform service for City personnel.
Department: Human Resources
Staff Person: Teresa Bledsoe, Human Resources Director
Justification: Staff is recommending the uniform rental bid be awarded to Cintas
Corporation, the bidder representing the best value to the City of Round
Rock. To ensure best value and competitive pricing, employee uniform bid
solicitations were sent to 7 -vendors, with 6 -vendors responding.
Funding:
Cost: $110,000.00
Source of funds: Utility and General Operating Budget
Outside Resources:
Background Information:
Public Comment:
Cintas Corporation
N/A
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. This
contract will be a one year contract with the option for three
annual renewals for uniform rental.
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
Uniform Rental FROM
Cintas Corporation
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENT:
That this Agreement for purchase of UNIFORM RENTAL (referred to herein as the
"Agreement") is made and entered into on this the 25 day of the month of March, 2004, 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 herein as the "City"), and
CINTAS CORPORATION, whose offices are located at 25 Cypress Blvd., Round Rock, Texas
78664 (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 Uniform Rental from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for City to provide 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 and Vendor is obligated to sell specified goods. The
Agreement includes the following: (a) City's Invitation for Bid designated as IFB 04-003,
Specification Number 04-983-86; (b) Vendor's Response to IFB; (c) the contract award; and (d)
k -01 -C3 -a5-1461
1
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:
(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 o r t he S tate o f T exas o r 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, or equipment.
F. Vendor means CINTAS 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 twelve (12) months from the effective date hereof.
After that initial term, this Agreement may renew for successive terms for a period not to exceed
three (3) years after the initial expiration of term, only upon the express written agreement of
both parties and only provided Vendor has performed each and every contractual obligation
specified in this Agreement.
C. 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
2
04-003, Specification Number 04-983-86 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 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 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.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
3
later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance
with this Prompt Payment Policy; however, this Policy does not apply to payments made by City
in the event:
A. There is a bona fide dispute between City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed which causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between any of the parties and subcontractors or
between a subcontractor and its suppliers concerning supplies, materials, or
equipment delivered or the services performed which causes the payment to be
late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
9.01 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.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the g oods as specified, City r eserves the right and option to
obtain the products from another supplier or suppliers.
12.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. 04-003
and its bid response.
13.01 CITY'S REPRESENTATIVE
4
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Randy Barker
Purchasing Supervisor
221 E. Main Street
Round Rock, Texas 78664
512-218-3295
14.01 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 p arty for w ritten
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.
15.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods 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 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;
C. Fails to provide adequate a ssurance o f p erformance u nder the "Right t o
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 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.
5
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 tennination, 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.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials h armless from and against a 11 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 V endor's a gents, e mployees o r s ubcontractors, i n t he p erformance o f V endor's o bligations
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.
18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal a nd s tate 1 aws, t he C harter a nd Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
19.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives t o e ach o ther w ith r espect t o t he t erms o f t his A greement. N either p arty s hall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
20.01 NOTICES
6
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Cintas Corporation
25 Cypress Blvd.
Round Rock, TX 78664
Notice to City:
James Nuse, City Manager
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
AND TO: 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.
21.01 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.
22.01 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.
23.01 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 s ought to be r esolved w ith t he h elp of am utually s elected
7
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.
24.01 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.
25.01 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
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 a ll of w hich, w hen taken
together, shall constitute one and the same instrument.
8
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TE
B
Maxwell, Mayor
'JJ
Date Signed: J'j5-a 11
ATTEST:
Nadt-4,0,e, VMAt7)/Let
Christine R. Martinez, CitySecretary
Y
Date Signed: ,3-15" 0
1-1
9
CINTAS CORPORATION
By:
Title: �//16. /V //ti( �✓
Date Signed: 31/0 J zoo q
INVITATION FOR 810 (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Meln Street
Round Rock, Texas 711664-5299
8105 ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE DID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Maki Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
* Various City locations
as identified in specifications
Bidder agrees to
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BIO OPENING DATE & BW
NUMBER IN LOWER LEFT HANG
CORNER OP SEALED BID
ENVELOPE $ SHOW RETURN
ADDRESS OP BIDDING FIRM.
BIO NUMBER
OPENING DATE:
BID LOCATION:
EXHIBIT
II T
1
BIDDING INFORMATION: UNIFORM RENTAL
04-003
2/3/2004
221 E. Main Street, 1st Floor
CQUITchI Charn46rN1, Rend Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BIO
DIDOEit SHALL SIGN saw/
Mire to sign bid wlR disqualify bid
Date
ow 1.7 ON RACK FOR INSTRUCTIONS:
NO. {�
TAX ID : 1— O 3/- / 6 S/2-6- .5 --
LEGAL
LEGAL BUSINESS NAME C-/ 4/04' J ~ gb S
ADDRESS: i ./,v 2oc, 7-- X4S
7 (4 y
c...... Way wasf
TELEPHONE NO.: es -/z) 388—
X5709
RU$M$s ENTTTY TYPE: Co�L %�/L1JGVY'
with all conditions set forth below and on the reverse side of this IFB.
ITEM it
1
2
3
4
5
6
7
8
9
10
CLASS & ITEM
UNIFORM
TROUSERS
DENIM JEANS
(Dickies or other)
DENIM JEANS
(Wrangler)
DENIM JEANS
(Levi)
WORK SHIRTS
(Cotton)
WORK SHIRTS
(Poly/Cotton blend)
DRESS SHIRTS
(Cotton)
T-SHIRTS
(Cotton or blend)
TWILL CAPS
(Baseball style)
LAUNDRY
SERVICE
DESCRIPTION
10014 COttOn�7f®.
Poly/cotton blend.
100% Cotton; Regular fit, Slim fit
or Relaxed fit; Boot cut or Straight
leg
100% Cotton; Regular fit, Slim fit
or Relaxed fit; Boot cut or Straight
leg
100% Cotton; Regular fit, Slim fit
or Relaxed fit Boot cut or Straight
leg
with City of Round Rode
logo sewn on left heart and
employee name on right heart
with City of Round Rock
logo sewn on left heart and
employee name on right heart
with City of Round Rock
logo sewn on left heart
Item to be purchased by City of
Round Rock - CoRR logo to be
sewn on left heart
Item to be purchased by City of
Round Rock - CoRR logo to be
sewn on cap
Why charge per
employee
ESTIMATED
QUANTITY
140
'Est weekly
130
'Est. weekly
PRICE
(Per garment)
E/1
zq
,l9
$
o
a
TOTAL
X 52 Weeks
Estimated Annual
Per Garment
960
REPLACEMENT
COST
1�r PO
each
$
100
*Est. weekly
350
'Est. weekly
330
'Est. weekly
485
*Est weekly
30
*Est. weekly
970
Est. total
$ , 63
$ A/4
$ s,419
320
'Est. total
s ILO
$ 3l7(o
s k/
$
6o
•76'
$ s323- ?O
s 1;13440
$
$
tion
Zigdo
each
each
each
$ M d 0
each
each
$
$
160 * ‘,4-1,4/.0
By the signature hereon affixed, the badder hereby certifies that neither the bidder nor thest entity
re $ S acting
a
eratB neanrepresented o the bidder. a anyone for
� entity has violated the antitrust laws of this State, codified in Section 15.01 et seq.. Texas Business and Conxrbrce Code. or the Federal
*trust taws. nor communicated directly Or indiectly. the bid made to any competitor or any other person engaged in such Erle of business. -
101.9, Olt ,9-a, 4-ea1-E P/t/c/Af7 li+t/eLt- �S
each
each
each
N/A
TOTAL
242-.4
itsleae-Cy 4,49-Afa fys&71-uece". Y6M14u 7ys C42,/
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. MOOING REQUIREMENTS:
1.1 Bidding requires adds per unk shown and extensions. If trade discount Is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees
product offered tai meet or exceed specifications identified in this invitation For Bid (IFB).
1.2 Bids should be submitted on Ills form. Each bid shell be placed Ina separate envelope completely and
P
in the cake of the City Pte drosln Agent before the hour and dale specNed on the reverse side of this IFB.
Periy identified. See instructions on reverse side. Bids must be
1.3 Late bide property klenitifed will be returned to bidder unopened. Late bids w1N not be considered.
1.4 Bid F.O.B. destination, freight. prepaid, & allowed unless otherwise specified on the iFB. If otherwise. show exact cost to deliver.
1.5 Bid unit price on quantity and korease will not be tend uhf measure specified, extend and show total. In case of errors M extension, ural prices shall govern. Bids subject bxnti
umhled price
1.8 Bid p does s hal b e tam for a ooeptanoe 30 days from bid opening d ate. "Discount from List' b ids are n of
considered in dstenrdrang the low bid. AN cash discounts oared wileearned.
be taken if acceptance unless requested. Cash discount oil not be
1.7 Bide sail give Tax Identification Number. full name and address of bidder. Failure to sign will
signatories l m in a contract Firm name should appear on each page in the block disqualify bid. h signing bid shall show bettle and authority to bind
Individual, Partnership. Sole Proprietorship. Estate/Trust, Corporation, Governmental V . a corner. specifiBusined.
a Entity shall one (1) d die mewing:
as
shown on Social Security Card. SOLE PROPRIETORSHIP: List legal name followed i all others shall be alSec a Number. AL list name and number name e
of entity and Tax IdenNNoahon Number (Tin). by business name and Sodas Security ALL OTHERS: List legal name
1.8 Bid cannot be altered or amended after opening Imo. My Mterations made before opening time shall be initiated by bidder or an authorized agent No bid can be
1.9 withdraw' after opening g time withoutapproval of the CITY based on a written acceptable mason.
1.109The City k exempt from State Sales Tax and Federal Exdse Tax. Do not include tax in bid.
City reserves the right to accept or reject al or any part of bid, waive minor tethnicauties and award the bid to best serve the interests of the City. Split awards may be
made at the sole d suelon 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 am not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, uegble, incomplete, or
otherwise non-responsive
2. SPECIFICATION:
2.1 nature My catalog. brand MI be name or manufacturer's reference used in IFB is desaipdve only (not restrictive), and is used to indicate type and quality desired. Bids on brands of oke
nature. illustrations quality a and considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. W other then brand(s) specified is
data in bid,louder still be required d 0 product offered are requested b be made a part of the bid. 1 bidder takes no exceptions b specification or reference
2.2 AI items tete shat be new, � brand , numbers. etc. as specified in the IFB.
contrary will not be recognized O0 0n• inducing containers suitable for shiprhert and storage, unless otherwise indicated h IFB. verbal agreements b the
Samples, when requested. must be furnished free of
2.3 Each should marked with bidders' name .Weise b the City. hi not destroyed in examination. not bon. they or be returned to the bidder, on request at bidder expense.
2.4 The City we not be bound by any oral statement or number and °�. ca not enclose F .attach b bid.
2.5 �s standard , shall apply unless otherwise stated diinnthe IFB.
wrift� apecilcatiors of this IFB.
3. TIE BIDS: In case of le bids. the award wB 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 ptaoe material in Citys designated location under normal conditions. Failure to state delver time obligates bidder b complete
delivery in fourteen (14) calendar days. Unreeisaca*y short or long delivery promises may cause bid to be ckregarded. Consistent tenure to meet
4.2 witted valid reason may rhe removai from bid 1st (See 4.2 fobwi ng.) delivery promises
If delay is foreseen, contracbr shal give written nonce to the Cly. The Cly has the right to extend delivery date if reasons appear vale Contractor must keep he City
elsewhere advised at all tines of status of order. Default in pprased delvery
(without
contractor. reasons) or failure to meet specifications, authorizes the Cky b purchase supplies
4.3 and foul increase.Y b deany. in cost and handling
approvalthe City.
4.4 Oe♦ery shell be utions �enal working only. approval for late deivery has been obtained from the City, unless otherwise
5. INSPECTION MIO TESTS: /U specified in the IFB.
access b any supplier's s goodness for to i and test by the Cly to the extent practicable st all times and places. Authorized City personnel shall have
regular shipments. N the products tested kit b meet or exceede inspecting �regilr of the. Tests may me performed on sans, the mples o the
aim with the bid or on samples taken from
ple used and the cost of the leserig shall
be borne by c and ehperhe LatentdefectsGods Mich have been delivered in whole or in part may, at the be returned 10 Vendor or held for dispositionendo.'s
may result in revocation of at
6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the tears. oondtions, and spedficalons contained in the IFB Bids do not become
contracts unless and until they are accepted by the Cay lough 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. Al contracts are subject to the approval of the Cay Conal.
7. PAYMENT: Vendor shhal sub ml three (3) copies of an invoice showing the purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims kwon g in/ringementa of patents or copyrights.
9. VENDOR ASSIGHNMENTS: Vendor hereby assigns b purchaser any and all claims kw overcharges associated with this centrad. which arise under the antitrust laws of the Stale
of Texas. Tx, Bus. Md Cornet. Code Mn. Sec.15.01, et seq. (1987).
10. BIDDER AFFIRMATION:
10.1 Signing its bid with a false statement is a material breach of contract and shall void the submkted bid or any resulting contracts, and the bidder shall be removed from all
bid lists. By signature hereon atlxed, the bidder hereby manes that
10.2 e bidder has give,
nor intends b givedy time hereafer any economic opportunity, Mum employment. gift, oan, gratuity. special dscaxt CP, favor,ar, service public servant in tonnIon w the submitted bid.10.3 The bidder is not currently delinquent in the payment of any debt owed the City.
10.4antitrust fielther
the bidder nor he laws Statefirm,coddled in Section 1 a.0 partnership or any entity ed by the bidder. or anyone acting for such krm, corporation, or entity has violated the
the bid made b any competitor, or any other personengagedeq. Texas h Me of u and Coaruneruial Code. or the Federal Antitrust laws nor communicated directly or indirectly
10.5 The bidder has not received in line of business.
compensation for participation i1 the preparation of ihhe specification for this IFB.
1. NOTE TO conditions erms and conditions attached b bid oil not be considenxi unless the bidder spec ly references them on the front of this bid foam WARNING: Such
leansCity of and
Rock �only accept bids Y dequallceton «the bid (e.g. bids with the awe of a state other than Texas requirements for prepayment. Limitations an remedies, etc.) The
Submission d bids on fore otter than Cay which d conditions of your
atm formal IFB; in par6rxlar as bidders affirmations and bans must be included.
2 INQUIRIES: Inquiries perlektng to tld limitations must give bid number, codes, and opening date.
CINrAS®
THE U N I FORM PEOPLE
Clarification Bid 04-003
The following items are to clarify Cintas operating procedures as it pertains to the intent
of the bid requirements and specifications 04-983-86.
8. Cancellation- Company guarantees to deliver the highest quality textile rental service
at all times. Any complaints about the quality of service which have not been resolved in
the normal course of business must be sent by registered letter to the Company's General
Manager. If Company fails to resolve any material complaint in a reasonable period of
time, Customer may terminate this agreement provided all rental items are paid for at the
then current replacement values or returned to Company in good and usable condition.
9. Condition of Uniforms- "First Class Condition" -Cintas management and Round Rock
City Department management shall determine prior to bid award what is considered an
acceptable garment quality for each department and job task. Garments will be replaced
and upgraded to maintain such appearance. Upgrades will be supplied from out of stock,
unused and new garments to match the determined "First Class Condition" for each
department.
10. Cleaning and Laundering- Cintas Round Rock has developed a state of the art
computerized microbe -inhibiting laundry wash process. Our unique wash process will
kill bacteria six log. Garments, which are exposed to contaminates such as, paint, glue,
and tar cannot be removed 100% by a standard wash process. These garment will be
returned cleaned and bacteria free with stains.
12. Pressing- All uniforms will have a neatly pressed appearance and will be delivered
one article of clothing per hanger. Pressing of garments shall be in accordance will
acceptable standards and the best practices of the industry. Cintas "Comfort" 65/35
Cintas Corporation 25 Cypress Blvd. Round Rock, TX 78664 Office: 512.388.9709 Fax: 512.388.7779 www.cintas.com
uniforms are finished with the use of a steam tunnel designed to deliver a neatly pressed
appearance without damage to the finished garment.
13. Repairs- Repair tags shall be provided to each location. In addition to repair tag
requests, every soiled garment will pass through our inspection stations, which will
automatically repair or replace damaged garments. Cintas Round Rock on average does
10,000 repairs weekly in addition to our customer requests.
14. Replacement of Uniforms- Any garment that requires upgrading from normal wear
will be replaced at no charge. Garments purchased new for the use of City employees
should have a reasonable life expectancy to be in service. Replacement of uniforms
damaged in the line of duty prior to that reasonable life expectancy shall be absorbed by
the City at the depreciated replacement rated used on Bid.
Other items of clarification:
-Cintas cannot commit to one-week tum -around for new hires, upgrades, or replacement
on Wrangler Jeans.
-Cintas supplies men and women's executive oxford shirts in a 60/40 -cotton blend
-Cintas does not offer Levi Jeans for rental service
-Cintas can provide a cleaning service for City owned garments, which are not offered, in
the rental program.
Referrals
Alcoa Robert Coker 210-635-6133
P.O.Box 1231
Rockdale Tx. 76567
Don Hewlett James Evans 512-930-5881
7601 S 1H-35
Georgetown Tx. 78626
Premier Mazda Andy Jabfen 512-930-1314
7551 S.IH-35
Georgetown Tx. 78626
Maxwell Dodge Chris Violia 512-219-3634
13401 N. FM 620
Austin Tx. 78717
Elgin I.S.D. Mike Sullivan 512-281-5751
805 W. 10 St.
Elgin Tx 78621
uz,uz/2uo4 13:45 FAX 5122187028 CORR PtTRCHASING a002/002
IFB No. 04-003
INVITATION FOR BID ADDENDUM
PURCHASING OFFICE
CITY OF ROUND ROCK, TEXAS
Addendum No. 1 Date of Addendum: February 2, 2004
The Above Invitation For Bid (IFB) has been changed to include the following:
1. Correction of Bid Opening date and time. Please change the following document to
reflect Bid Opening Date of 2/10/2004 at 3:00 pm.
IFB, Page 1 of 1
All other terms and conditions of this IFB and specifications remain unchanged.
Approved by
By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part
of the above referenced Invitation For Bid.
ACKNOWLEDGED
Vendor
zizio
Authorized Signature Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUE
GROUNDS FOR REJECTION OF YOUR BID.
EXECUTED
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CITY OF ROUND ROCK
UNIFORM RENTAL SERVICE
SPECIFICATION NO.
04-983-86
DATE: January 2004
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 shall be used for identified terms throughout the
specification and bid document:
2.1. Bidder identified throughout this specification shall describe persons and entities that
consider themselves qualified to provide the goods, equipment or services.
2.2. City — Identifies the City of Round Rock, Williamson County, Texas.
2.3. Contract —A mutually binding legal document obligating the Contractor to furnish the
goods, equipment or services, and obligating the City to pay for it.
2.4. Contractor —A person or business enterprise providing goods, equipment, labor and/or
services to the City as fulfillment of obligations arising from a contract or purchase order.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods
or Services written on the City's standard Purchase Order form and which, when
accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority
to deliver and invoice the City for Goods or Services specified..
2.7. Subcontractor - Any person or business enterprise providing goods, equipment, labor,
and/or services to a Contractor if such goods, equipment, labor, and/or services are
procured or used in fulfillment of the Contractor's obligations arising from a contract with
the City.
3. CLARIFICATION: For clarification of specifications, bidders may contact:
Randy Barker
Purchasing Supervisor
City of Round Rock
Telephone: 512-218-3295
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.
PART I
GENERAL CLAUSES AND CONDITIONS
1. The Contractor shall provide all goods and labor necessary to perform the service. The
Contractor shall employee all personnel for work in accordance with the requirements set forth by
the United States Department of Labor.
2. The Contractor shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The
Contractor shall be responsible and liable for the safety; injury and health of its working personnel
while its employees are performing service work.
3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or
being under the influence of alcohol or controlled substances by Contractor, Contractor's
Page 1 of 10
SPECIFICATION NO.
04-983-86
DATE: January 2004
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.
4. BEST BID EVALUATION: All bids received shall be evaluated based on the best value for the
City. Best value shall be determined by considering all or part of the criteria listed, as well as any
relevant criteria specifically listed in the solicitation.
4.1. Bid price
4.2. Reputation of the bidder and of bidder's goods and services.
4.3. The quality of the bidder's goods or services.
4.4. The extent to which the goods or services meet the City's needs
4.5. Bidder's past relationship with the City. All vendors shall 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, and late delivery.
5. AGREEMENT: The term of this Agreement shall be for a twelve-month period of time from the
date of award. Prices shall be firm for the duration of the Agreement, except as provided for
herein. This contract may be renewed for three additional periods of time not to exceed twelve
months for each renewal provided both parties agree.
6. VENDOR PERFORMANCE: The City reserves the right to review the Vendor's performance at
the end of each twelve month contract period and to cancel all or part of the Agreement (without
penalty) or continue the contract through the next period.
7. 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 effect such termination by giving Contractor a written notice of termination
at the end of its then current fiscal year.
8. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by
providing 30 days prior written notice to the other party. Contractor 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 Contractor 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.
9. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the contract
and causes the City to purchase the services elsewhere may be charged the difference in service
if any and shall not be considered in the re -advertisement of the service and may not be
considered in future bids for the same type of work unless the scope of work is significantly
changed.
10. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or
administrative bodies or tribunals in any matter affecting the performance of the resulting
agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When requested,
the Contractor shall furnish the City with satisfactory proof of its compliance.
11. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State
and- Local standards, codes and ordinances and the terms and conditions of the services of the
electric utility, as well as other authorities that have jurisdiction pertaining to equipment and
materials used and their application. None of the terms or provisions of the specification shall be
construed as waiving any rules, regulations or requirements of these authorities. The successful
bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill
contractual obligations (City of Round Rock fees and costs shall be waived).
Page 2 of 10
SPECIFICATION NO.
04-983-86
DATE: January 2004
12. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident
to the performance of the resulting agreement and arising out of a shallful or negligent act or
omission of the Contractor, its officers, agents, servants and employees.
13. INSURANCE: The Contractor shall procure and maintain at its sole cost and expense for the
duration of the contract or purchase order resulting from a response to this bid/Specification
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder, its
agents, representatives, volunteers, employees or subcontractors.
13.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by
the City before work commences.
13.2. The following standard insurance policies shall be required:
13.2.1. General Liability Policy
13.2.2. Automobile Liability Policy
13.2.3. Worker's Compensation Policy
13.3. The following general requirements are applicable to all policies:
13.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
13.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
13.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
13.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
13.3.5. Policies shall include, but not limited to, the following minimum limits:
13.3.6. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
13.3.7. Property Damage Insurance with minimum limits of $50,000.00 for each
occurrence.
13.3.8. 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.
13.3.9. Statutory Worker's Compensation Insurance and minimum $100,000.00
Employers Liability Insurance.
13.3.10. Coverage shall be maintained for two years minimum after the termination of
the Contract.
13.4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Contractor shall exercise reasonable efforts to accomplish such changes
in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
13.5. Contractor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance shall contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 3 of 10
SPECIFICATION NO.
04-983-86
DATE: January 2004
13.5.1. Provide for an additional insurance endorsement clause declaring the
Contractor's insurance as primary.
13.5.2. Name the City and its officers, employees, and elected officials as additional
insured, (as the interest of each insured may appear) as to all applicable
coverage.
13.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
13.5.4. Remove all language on the certificate of insurance indicating:
13.5.4.1.
That the insurance company or agent/broker shall endeavor to
notify the City; and,
13.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
13.5.5. Provide for notice to the City at the addresses listed below by registered mail:
13.5.6. Contractor agrees to waive subrogation against the City, its officers,
employees, and elected officials for injuries, including death, property
damage, or any other loss to the extent same may be covered by the
proceeds of insurance.
13.5.7. 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.
13.5.8. 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.
13.5.9. Contractor shall notify the City in the event of any change in coverage and
shall give such notices not Tess than thirty days prior notice to the change,
which notice shall be accomplished by a replacement Certificate of
Insurance.
13.5.10. All notices shall be mailed to the City at
Assistant City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664-5299
the following addresses:
City Attorney
City of Round Rock
309 East Main Street
Round Rock, TX 78664
13.6. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the
Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in these requirements. Neither shall bankruptcy, insolvency, or
denial of liability by the insurance company relieve the Contractor from liability.
13.7. If the Contractor employs, contracts with or otherwise permits any other individual or entity
to perform any of the obligations of the Contractor, then any and all of these individual or
entities shall be bound by the same insurance requirements as the successful bidder.
14. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers'
compensation insurance coverage for all persons providing services on building or construction
projects for a governmental entity.
14.1. 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.
Page 4 of 10
SPECIFICATION NO.
04-983-86
DATE: January 2004
14.2. 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.
14.3. 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 include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
14.4. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
14.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
14.6. If the coverage period shown on the Contractor's current certificate of coverage ends during
the duration of the project, the CONTRACTOR must, prior to the end of the coverage
period, file a new certificate of coverage with the OWNER showing that coverage has been
extended.
14.7. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
14.7.1. A certificate of coverage, prior to that person beginning work on the project, so
the OWNER shall have on file certificates of coverage showing coverage for all
persons providing services on the project; and
14.7.2. No later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
14.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
14.9. 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.
14.10. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
14.11. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
14.11.1. Provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
14.11.2. Provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
Page 5 of 10
SPECIFICATION NO.
04-983-86
DATE: January 2004
employees of the person providing services on a project, for the duration of the
project;
14.11.3. Provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
14.11.4. Obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
14.11.4.1. A certificate of coverage, prior to the other person beginning work
on the project; and
14.11.4.2. 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.
14.12. Retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
14.12.1. 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
14.12.2. Contractually require each person with whom it contracts, to perform as
required by paragraphs (A through G), with the certificates of coverage to be
provided to the person for whom they are providing services.
14.12.3. 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 shall provide services on
the project shall be covered by workers' compensation coverage for the
duration of the project, that the coverage shall be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements
shall 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.
14.12.4. 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.
15. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all
liens and encumbrances for all labor, goods and services which may be provided under the
resulting agreement. At the City's request the Contractor or subcontractors shall provide a proper
release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.
16. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a
resulting agreement shall lie in Shalliamson 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.
Page 6 of 10
PART II
SPECIFICATIONS
1. SCOPE: This specification describes the goods and services for Uniforms. This service 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.
4. CONTRACTOR RESPONSIBILITIES: The Contractor shall be responsible for:
4.1. Coordinating with the City's Purchasing Supervisor to establish best work schedule and
discuss any changes.
4.2. Providing all goods and services necessary to perform the service.
5. BIDDER QUALIFICATONS: The opening of a bid shall not be construed as the City's acceptance
of such bidder as qualified and responsible. The City reserves the right to determine the lowest
responsible bidder from information submitted with the bid. All bidders shall furnish the following
information at a minimum:
5.1. References: Provide the name, address, telephone number and point of contact of at
least three firms that have utilized the same product and services for at least 2 years.
References may be checked prior to award. Any negative responses received may result
in disqualification of bid.
5.2. Identify any subcontractors to be used for this project. Experience, qualifications and
references of the subcontractors shall be submitted. The City reserves the right to
approve or disapprove all subcontractors prior to any work being performed.
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. Each sample
shall be marked with the bidder's name. The samples provided by the successful bidder shall be
retained by the Purchasing Supervisor to insure compliance with all aspects of the sample
approved until contract completion. Samples provided by unsuccessful bidders shall be returned
at the expense of the bidder. The City shall dispose of or destroy all samples not claimed after
fifteen (15) calendar days from the date of contract award.
8. 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
prior to delivery.
8.1. Measuring for uniforms:
8.1.1. The successful bidder shall be allotted one week to measure all employees
for new uniforms as coordinated by the Purchasing Department. Fittings
shall be on site, at City locations.
8.1.2. The successful bidder shall have on display, at the time of measurements,
the various uniform style options selected by the City.
8.1.3. The successful bidder shall coordinate any additional measurements and size
adjustments with the appropriate department.
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SPECIFICATION NO.
04-983-86
DATE: January 2004
8.1.4. City staff shall be fitted with care to insure proper sizing and first class
appearance.
8.1.5. City employees shall be given the choice of colors in garment selection.
8.1.6. City employees shall be given the choice of either long and/or short sleeved
shirts.
8.2. Changes:
8.2.1.
The successful bidder shall supply the City with new and unused uniforms in
accordance with employee request as dictated by changes in weather
conditions.
8.2.2. 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.
8.2.3. The successful bidder shall supply the City with new and unused uniforms in
the event of a size change.
8.2.4. New uniforms shall be delivered to each department within thirty days after
issuance of contract.
9. 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 must maintain the uniforms in an
acceptable condition throughout the term of this contract. Acceptable condition of the uniforms
rests solely with the respective City Department and shall be unconditionally accepted by the
successful bidder. Uniforms shall be clean,.pressed, well mended (no holes or rag tag ends), ar d
professionally altered when necessary. They shall fit, look good, be comfortable and be VV
maintained at a high level of cleanliness and service. 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. 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.
10. CLEANING/LAUNDERING: All uniforms shall be laundered using detergents or cleaners that
leave the garment clean and odor free. Uniforms that retain an offensive smell or residual odor
after laundering shall not be acceptable. Uniforms returned with stains or holes shall be replaced
at the successful vendors cost.
11. LAUNDERING ISSUES: ContractorNendor can expect the following types of laundering issues
with city departments:
11.1. 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.
11.2. Parks and Recreation: grass stains, tears, and burns from welding, soil from outside
activities, buttons popped or broken off, paint, and glue.
11.3. Sign Shop/Traffic: paint stains from painting street signs, generally soiled, electrical
burns, glue, tar, tears, buttons popped or broken off.
11.4. Street: tar, dirt, grease, from outside street repair work, burns from welding, tears and
snags, buttons popped or broken off, paint.
11.5. 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.
11.6. 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.
11.7. Electric Utility: generally soiled, paint, electrical burns, glue, creosote, grease, hydraulic
fluid, grass stains, tears, or buttons off.
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SPECIFICATION NO.
04-983-86
DATE: January 2004
11.8. Animal Control: grass, blood, bleach, ink, dog food stains, feces, odors, tears or snags,
buttons popped or broken off.
11.9. Building Inspection: grass, creosote, mud, tears, plumbing glue and cleaner, paint,
buttons popped or broken off.
12. PRESSING: All uniforms shall be neatly pressed and delivered one article per hanger. Pressin
of uniforms shall be in accordance with acceptable standards and the best practices of the
industry.
13. REPAIRS: Repair tags shall be provided to each location at start-up of the contract, and as
needed throughout the term of the contract. Any uniform 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.
Repairing uniforms with patches shall NOT be acceptable. 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. It is the responsibility of the successful bidder to respond to
complaints within forty-eight (48) hours with a reasonable and acceptable solution. The vendor
shall be required to rectify any problem that they are made aware of within ten (10) calendar days
of said notice.
f►
14. REPLACEMENT OF UNIFORMS: The City shall absorb the cost of any uniforms, purchase or
rental, lost or damaged through negligence or through termination of employees only at the price
shown on the bid sheet. Any uniforms paid for under this provision shall become the property of
the City. Replacement of uniforms damaged in the line of duty shall be at the expense of the
successful bidder. Replacement uniforms shall be new and unused uniforms. The City shall
determine if the garment is considered ready for replacement. Like -new uniforms are not
acceptable. The successful bidder shall be required to rectify any problem that they are made
aware of, within ten (10) calendar days of said notice.
15. 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. 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 III
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. DELIVERY: Delivery of initial inventory shall be completed within thirty days from issuance of
contract to successful bidder.
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. Successful bidder must make other arrangements for delivery of uniforms during City
holidays.
1.4. The contractor shall be responsible for pick-up of excess wire hangers at all sites for
recycling through their firm.
Page 9 of 10
SPECIFICATION NO.
04-983-86
DATE: January 2004
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.
2. Uniforms must be delivered, on hangers, to the following locations:
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 Untied States, 15 USGA
Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and Com.
Code, Section 15.01, et seq.
Page 10 of 10