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HomeMy WebLinkAbout10C - Custodial Cleaning Services RFB MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: FINANCIAL IMPACT: ISSUES: CITY COUNCIL AGENDA REPORT FEBRUARY 5, 2007 10 C Ralph Teschner, Finance Director CONSIDER APPROVAL OF A RESOLUTION APPROVING BID SPECIFICATIONS FOR CUSTODIAL CLEANING SERVICES FOR CITY HALL, POLICE STATION, LIBRARY RESOURCE CENTER, FIRE STATION #1 AND MAINTENANCE BUILDING AND AUTHORIZING ADVERTISEMENT FOR BID Introduction The purpose of this agenda item is for the City Council to consider approval of bid specifications for custodial cleaning services for the following city buildings; 1.) City Hall, 2.) Police Station, 3.) Library Resource Center, 4.) Fire Station #1, 5.) Maintenance Building and to authorize advertisement for bid. Current Circumstances With the addition of the new city hall and police station our cleaning service requirements have increased substantially with the additional 68,750 square feet of building area. Also, it is anticipated that cleaning services for all five (5) buildings will now exceed the statutory bid threshold of $50,000.00. Therefore Staff has prepared a formal RFB (Request for Bids) for custodial services that include the following information; 1. Introduction & Bid Instructions. 2. Part 1 - General Conditions 3. Part 2 - Exhibits including Scope of Services and other required documents including the City's Standardized Agreement for Contractor Services. As a prerequisite to bidding, it is intended that all prospective vendors must attend a "Pre-Bid Tour" scheduled for February 22, 2007. The purpose of the tour is for all vendors to get a spatial feel for the area to be cleaned, number of offices, bathroom facilities, plumbing fixtures etc. and to clarify our expectations. The term of the cJeaning contract is from April 1, 2007 through December 31,2009. Funds are appropriated within the general and enterprise fund operating budgets to accommodate custodial cleaning services and are identified within the following departments; Buildings & Plant, Police, Library and Water. Each has a specified dollar allocation that is estimated to cover the total anticipated custodial cleaning expenditure. The scope of cleaning services is intended to cover only the interior of the various buildings. The Council should review the Scope of Services to assure they are comprehensive and adequate to maintain our public buildings in a presentable and like-new condition. A number of cleaning elements such as window cleaning, carpet cleaning and stain protection will be contracted for on www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 a separate basis and on either an annual, semi-annual or as-needed basis. Staff believes we can obtain a better value for our dollar if we solicit these types of services independently since custodial firms do not typically provide them. Also some of these services will require specialized equipment to reach our larger building windows and personnel familiar with suggested manufacture applications i.e., sealing the ceramic tile floors in City Hall. ALTERNATIVES: A provision within the Request for Bids does provide for modification of cleaning services. The language was drafted so that we will be able to add Fire Station #2 and or the water treatment plant to the list of buildings once the construction of each is completed. The following alternatives are available to the City Council: RECOMMENDED MOTION: ReVi1:1 1. Adopt A Resolution Approving Bid Specifications for Custodial Cleaning Services for City Hall, Police Station, Library Resource Center, Fire Station #1 and Maintenance Building and Authorizing Advertisement for Bid. 2. Table this item for a specific reason. Alternative 1. 1. Resolution Approving Bid Specifications for Custodial Cleaning Services for City Hall, Police Station, Library Resource Center, Fire Station #1 and Maintenance Building and Authorization for Advertisement for Bid 2. Request for Bids - Custodial Services ATTACHMEN RESOLUTION APPROVING BID SPECIFICATIONS FOR CUSTODIAL CLEANING SERVICES FOR CITY HALL, POLICE STATION, LIBRARY, FIRE STATION AND MAINTENANCE BUILDING AND AUTHORIZATION FOR ADVERTISEMENT FOR BID MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, SECOND BY: Custodial cleaning services are necessary to maintain city owned building premises in a clean and sanitary environment for public and employee use; and The City is interested in contracting out its cleaning service for the following five (5) buildings by description and location: 1.) Prior Lake City Hall 4646 Dakota Street SE 2.) Prior Lake Police Station 4649 Dakota Street SE 3.) Prior Lake Library Resource Center 16210 Eagle Creek Avenue SE 4.) Prior Lake Fire Station #1, 16776 Fish Point Road SE 5.) Prior Lake Maintenance Building, 17073 Adelmann Street SE and; Bid specifications identifying the scope and frequency of custodial cleaning services have been prepared for all interested vendors; and Funding for such custodial services has been appropriated within the General and Enterprise Fund Budgets and; Authorization for advertisement for bid is requested. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE that: 1. The recitals set forth above are incorporated herein. 2. "Request for Bids - Custodial Services" are hereby approved. 3. Advertisement for a bid publication date of March 1 is hereby approved. Passed and adopted this 5th day of February, 2007. {Seal} YES NO Haugen Erickson Hedberg LeMair Millar Haugen Erickson Hedberg LeMair Millar City Manager City of Prior Lake www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 H:\BIDICustodial Cleaning Bid resolution. doc 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 Request for Bids Custodial Services City Council Approves Plans and Specifications February 5, 2007 Request for Bids Issued: Council Considers Bid: February 9, 2007 February 22, 2007 March 12, 2007 March 19,2007 Pre-Bid Tour, 10 a.m.: Bid Due Date: Contract Executed and Performance Bond Provided Contract Commences: March 31, 2007 April, 1, 2007 Contact: Charlotte Green, Administrative Assistant City of Prior Lake 4646 Dakota Street, Prior Lake, MN 55372 Phone: 952-447 -9803/e-mail: cgreen@cityofpriorlake.com www.cityofpriorlake.com Phone 952.4474230 / Fax 952.4474245 REQUEST FOR BIDS Custodial Services March 2007 PART 1 - INTRODUCTION AND INSTRUCTIONS TO BIDDERS 1. REQUEST FOR BIDS. The City of Prior Lake is soliciting sealed bids from qualified and responsible Bidders for custodial services for five municipal buildings as follows: City Hall at 4646 Dakota Street SE, Prior Lake, MN 55372; Fire Station No.1, 16776 Fish Point Road SE, Prior Lake, MN 55372; LibrarylResource Center, 16210 Eagle Creek Avenue, Prior Lake, MN 55372; Maintenance Center, 17073 Adelmann Street SE, Prior Lake, MN 55372; and Police Station, 4649 Dakota Street SE, Prior Lake, MN 55372. Sealed bids will be received at the Prior Lake City Hall, 4646 Dakota Street S.E., Prior Lake, Minnesota 55372, until 3:00 p.m. on March 12,2007, at which time they will be publicly opened and read aloud in the City Council Chambers. All bids must be sealed and marked "Bid on Custodial Services". Any questions regarding the Requests for Bids must be in writing and addressed to Charlotte Green, Administrative Assistant, Prior Lake City Hall, at 4646 Dakota Street S.E., Prior Lake, MN, 55372. Questions or requests for clarification of the bid documents shall be received by March 1,2007. All questions will be responded to in writing and each Bidder who has requested a bid package will be provided with a copy of the question asked and the City's response. Bid documents may be obtained from Charlotte Green, Administrative Assistant, at the above-referenced address, by telephone at 952.447.9803, or bye-mail to c green(ivcityo fpriorlake.com. 2. CONTRACT TERM AND CONTRACT EXTENSION. The term of the contract will be for the period April 1, 2007, to December 31, 2009. If at any time during the Contract term the City determines the contractor is violating any provisions of the specifications of the contract, the City may cancel the Contract by giving fourteen (14) days written notice of its intent to cancel, unless the violation is corrected to the city's specifications within the time set forth in the notice. 3. EXPERIENCE. The Bidder shall describe its experience in providing commercial cleaning services both for private entities and for government/police clients. A responsible Bidder is an entity which has experience in commercial cleaning services similar in size and scope as the City's required services and has responsibility for all aspects of providing such service. This Request for Bids is part of the Bid Documents. 4. CONTENTS OF BID DOCUMENTS. This Request for Bids describes: 1) the Scope of Services to be performed by the successful Bidder. The Scope of Services is Exhibit A and is incorporated herein as if fully set forth; 2) the information required from all Bidders, and; 3) the criteria the City will use in making its decision. It also describes the contractual terms and requirements the successful Bidder will be required to comply with. Following the selection by the City Council of the successful Bidder, the successful Bidder will be required to enter into the City's Standardized Contract, attached hereto and incorporated herein as if fully set forth as Exhibit B. The Bid Documents include: 1) This Request for Bids; 2) the City's Standardized Contract; 3) Scope of Services; 4) Form of Bid Bond; 5) Form of Performance Bond; 6) Bid Form; 7) the successful Bidder's Proposal dated March 12,2007. 5. PRE-BID TOUR. A pre-bid tour of municipal facilities will be held on February 22,2007, at 10:00 a.m. beginning at City Hall, 4646 Dakota Street SE, Prior Lake, Minnesota, 55372. The purpose of the pre-bid tour is to become acquainted with all of the buildings and maintenance conditions described in the City's Scope of Services, and to provide an opportunity for prospective Bidders to ask 1 REQUEST FOR BIDS Custodial Services March 2007 questions and receive answers relating to the bid documents or the Scope of Services. All prospective Bidders are required to attend. The City will not provide a summary of the questions and answers from the pre-bid tour. The Bidder shall examine to his/her satisfactions the quantities of work to be done and the type of equipment, supplies and personnel required to complete the work effectively as determined from the tour and Scope of Services. Bidders must rely on their own calculations. Bidders shall be thoroughly familiar with the specifications including all Special Provisions. Bidders shall inform themselves of the character and magnitude of work and the conditions under which the work is to be performed and all other relevant matters pertaining to the complete execution of the services the City is seeking to contract for. No plea of ignorance of conditions that exist or that may hereafter exist, or of difficulties that will be encountered in the execution of the work hereunder, as a result of failure to make necessary examination and investigations, will be accepted as a reason for any failure or omission on the part of the Bidder to fulfill in every detail all the requirements of the Scope of Services, or the City's Standardized Contract; nor will it be acceptable as a basis for any claim whatsoever for additional compensation. Any prospective Bidder who fails to attend the Pre-Bid Tour will not be permitted to bid. 6. SUBMISSION OF BIDS. All Bidders shall fully familiarize themselves with the City's Request for Bids. Bidders will be deemed to acknowledge their familiarity with the entire Request for Bids packet by virtue of submitting a bid. Written Addendums will be issued in response to appropriate written questions or requests for clarifications that seek to clarify any material provision in the bid documents and are received on or before March 1,2007. In no event shall a Bidder rely on any oral interpretation or representation of City staff in preparing their bid. 5.1 If bids are sent by mail, it is the Bidder's sole responsibility to assure that the City receives the Bid by the date, time and at the location specified herein. 5.2 The City reserves the right to cancel this Request for Bids or postpone the date and time for submitting bids at any time prior to the submittal date and time. The City reserves the right prior to the date for submission of Bids to modify, in whole or part, any portion of this Request for Bids. Each Bidder who has requested a copy ofthe Bid Documents shall be notified in writing of any modification to the Request for Bids. The City reserves the right to reject any and all bids, or portions thereof, to reissue a revised Request for Bids and to waive any non-material informalities or irregularities in Bids. A non-material irregularity or informality is one where no Bidder will be prejudiced if an informality or irregularity is waived. The ability to award Bids or waive an informality or irregularity lies solely with the City Council upon a finding by the Council that the waiver will not materially prejudice any Bidder. 7. ALL BIDS MUST BE COMPLETE. Bidders must respond fully and completely to each requirement and request for information to be considered responsive to this Request for Bids. Failure to provide information requested in this Request for Bids shall cause the bid to be rejected from consideration. 6.1 Submission of Bid. Each Bidder shall submit an original and four (4) copies of its bid. 2 REQUEST FOR BIDS Custodial Services March 2007 6.2 Bid Bond. All proposals shall include a Bid Bond in the amount offive (5) percent of the total proposed Bid for yearly services. The Bid Bond shall be forfeited by the successful Bidder, if after the selection by the City Council, the Bidder fails to enter into the City's Standardized Contract for Service (Exhibit B) or if the Bidder withdraws its Bid after Bids are open. 8. QUALIFIED AND RESPONSIBLE BIDDER AND RESPONSIVE BID. In order for a Bid to be considered, the Bidder must be found to be a qualified and responsible Bidder and the Bidder's bid must be found to be responsive to the Request for Bids. The term "Qualified Bidder" means the Bidder has: a. Provided the same or similar services in a satisfactory manner utilizing the employees proposed for this Bid. b. Demonstrated managerial experience and capabilities to adequately provide services and manage the staff responsible for these services. c. Each Bidder must submit three (3) references from the Minneapolis/St. Paul metropolitan area. The references must be able to attest to the Bidders experience and capabilities. The Bidder shall provide the name, address and telephone number of each reference. d. The Bidder must enter into the City's Standardized Contract between City and Contractor, attached hereto as Exhibit B. e. In accordance with NCIC (National Crime Information Center) and Minnesota Department of Public Safety mandates, all persons having access to the Police Department building must consent to and pass a criminal history background investigation, including fingerprinting. The initial Bids shall include these checks at the Bidder's cost for the personnel proposed. f. Proposers shall demonstrate in their Bid that they have access to all equipment and supplies to perform all responsibilities of the contract. g. The Bid proposal includes a full completed Bid Form (Exhibit E). 9. CONDITIONS IN BIDDER'S PROPOSAL. The Bidder shall not stipulate in hislher proposal any conditions not provided for on the proposal form. Such stipulation shall be considered a non-responsive bid and will not be considered. 10. REJECTION OF BIDS. Bids may be rejected if they show any omission, alteration of form, additions not called for, conditional bids or alternate bids not specified, or irregularities of any kind. Bids in which the prices are incomplete, inaccurate or mathematically incorrect may be rejected. 11. WITHDRAWAL OF BIDS. A Bidder may withdraw a Bid without prejudice provided a written request is filed with the Administrative Assistant before the hour of letting, and such withdrawn Bid may be modified and re-submitted by the Bidder at any time prior to the hour set for the opening of bids. 12. PUBLIC OPENING OF BIDS. Bids will be opened publicly and read aloud at Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake, MN, within the City Council Chambers on Monday, March 12,2007, at 3:00 p.m. Bidders or their authorized agents are invited to be present. 12. DISQUALIFICATION OF BIDDERS. More than one Bid for the work described in Scope of Services, Exhibit A, attached hereto and incorporated herein, from an individual firm, partnership or 3 REQUEST FOR BIDS Custodial Services March 2007 corporation under the same or different names will not be considered. Evidence that any Bidder is interested in more than one proposal for the same work will cause rejection of all such proposals. Collusion between the Bidders will be considered sufficient cause for the rejection of all bids so affected. 13. PERFORMANCE BOND. The successful Bidder, at the time for the execution of the contract, shall furnish and at all times maintain a satisfactory and sufficient Performance Bond in a form acceptable to the City Attorney (Exhibit D) in the amount equal to six (6) months services with a corporate surety licensed and located in the State of Minnesota and satisfactory to the City. Personal sureties will not be approved. 14. FAILURE TO ENTER INTO CONTRACT. Failure to furnish the required performance bond, or to enter into the City's Standardized Contract within ten (10) days of the award of Bid, shall annul the award of the Bid. In the event of annulment, the amount of the Bid Bond shall be retained by the City as liquidated damages. 15. DATA PRACTICES ACT. Any Bid submitted to the City is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. 15.1 Data submitted by a business to a government entity in response to a Request for Bids as defined in Section 16C.02, subdivision 11, are private or nonpublic until the bids are opened. Once the bids are opened, the name of the Bidder and the dollar amount specified in the response are read and become public. All other data in the Bidder's response to a bid are private or nonpublic data until completion of the selection process. For purposes of this section, "completion of the selection process" means that the government entity has completed its evaluation and has ranked the responses. After a government entity has completed the selection process, all remaining data submitted to all Bidders are public with the exception of trade secret data as defined and classified in Section 13.37. A statement by a Bidder that submitted data are copyrighted or otherwise protected does not prevent public access to the data contained in the bid. 15.2 If all responses to a Request for Bids are rej ected prior to completion of the selection process, all data, other than that made public at the bid opening, remain private or non- public until are-solicitation of bids results in completion of the selection process or a determination is made to abandon the purchase. If the rejection occurs after the completion of the selection process, the data remain public. If are-solicitation of bids does not occur within one year of the bid opening date, the remaining data becomes public. 4 REQUEST FOR BIDS Custodial Services March 2007 PART II - EXHIBITS TO CUSTODIAL SERVICES Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E City's Standardized Contract Scope of Service Form of Bid Bond Form of Performance Bond Bid Form 5 Exhibit A SCOPE OF SERVICES CLEAN THREE (3) TIMES PER WEEK: Bathroom fixtures, bowls, urinals, sanitize same. Bathroom floors. Bathroom mirrors. Spot clean bathroom walls and partitions. Fill towels, soap and toilet tissue as needed. Kitchen sink, counter tops and appliance exteriors. Empty dishwasher. Wash table tops in lunchroom. Wash coffee station sink, counter tops, refrigerator and cabinet exterior. Empty wastebaskets, replace liners. Sort and take recycling to designated area. Vacuum entire building carpeting. Vacuum upholstered chairs. Mop/vacuum entry/thresholds/lobby/lunchroom/stairwell (all tile and vinyl and rubber) areas. Sanitize drinking fountains. CLEAN ONE TIME PER WEEK Dust all furniture, pictures, window sills, wall accessories, file cabinets, stairwell handrails and ledges, etc. Wash Interior entry windows and both sides of entry doors, display cases, meeting room doors and Council Chamber doors. Elevator (polish stainless steel and vacuum). Wash table tops and counters (council chambers, reception, meeting rooms, briefing rooms, etc.) Wash switchplate covers, door handle areas. Wipe down hard surface and leather chairs (meeting rooms, lobby, lunchroom, etc). Wash bathroom walls, partitions. Disinfect showers. CLEAN ONE TIME PER MONTH Refrigerators in kitchens (wash interiors, dispose of spoiled foods, post sign for next cleaning date.) Interior of microwaves/ovens. Woodwork (clean and polish). Edge vacuum. 1:\Agreements\Custodial Services\Scope of Services City Police Maint. Fire Hall Station Center Library Station X X X X X X X X Ix X X X X Ix X X X X Ix X X X X Ix X X X X Ix X X X X Ix X X X Ix X X X X X X X X Ix X X X X Ix X X X X Ix X X X X Ix X X X X X Ix X X X X Ix X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Clean and dust baseboards, legs and bottom of desk chairs, lobby furniture, etc. Damp mop carpet savers under desk chairs. Dust/vacuum light panels, light fixtures, wall sconces. Disinfect phones. Furnace/janitor supply room neat and orderly. Sweep and mop book drop. Vacuum upholstered chairs. Dust blinds. ANNUAL Dust/vacuum ceilings/ceiling structures/air conditioning- heating vent covers. Clean grout and seal tile floors in accordance with manufacturer direction. Clean and seal rubber floors in accordance with manufacturer direction. Strip and wax vinyl floors. GENERAL INFORMATION Contractor will provide cleaning supplies, equipment. Lock-up areas of Police Department not included. Police fitness room/garages not included in cleaning. Monthly invoice should confirm work done and charge made in each category. 1:\Agreements\Custodial Services\Scope of Services x X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 2 Standardized Contract Custodial Services 2007 - 2009 Exhibit B STANDARD CONTRACT BETWEEN THE CITY AND CONTRACTOR THIS AGREEMENT made this 1st day of April, 2007, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter the "City") and XXXXXXX a private company (hereinafter the "Contractor") whose principal address is XXXXXXX. Purpose: The City Council has determined that the City should contract for custodial services for its City Hall, Police Station, Fire Station No.1, Public Works Maintenance Facility, and LibrarylResource Center. After completing the notification and bidding process, the City Council has awarded bid to xxxxxxx by Resolution 07-xxx, subject to entering into this contract. The City and Contractor for the consideration stated below agree as follows: 1. Contractor Performance. The Contractor agrees to perform and complete all the provisions of the scope of services as approved by the City on February 5,2007. 2. Contract and Contract Documents. The following documents attached hereto shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set out verbatim and in full herein: The City's Request for Bids dated February 9, 2007, including all documents incorporated by reference in Paragraph 4, Contents of Bid Documents. The proposal from XXXXXXX dated March 12,2007. March 19,2007, Staff Report to City Council and Approving Resolution 07-xxx. Performance Bond and Payment Bond. This Contract. 3. The Proiect ("Work"). The Contractor shall perform all of the Work including all labor, materials and equipment required by the Contract Documents for the sum of $XXXX/month, April 1, 2007, through December 31, 2007. $XXXX/month January 1, 2008, through December 31, 2008, and $XXXX/month January 1, 2009, through December 31, 2009. 4. Time of Commencement. The Work to be performed under this Contract shall be commenced April 1, 2007, and concluded December 31, 2009. a. Timely Performance. The days of the week that Contractor provides custodial service to various buildings shall be established with City liaison to the Contract. 5. Pavment with Contract. The City shall pay the Contractor in current funds for the performance ofthe Work, subject to additions and deductions as provided in the Contract Document. 6. Performance and Pavment Bonds. The Contractor shall post a Performance and Payment Bond for the duration of this agreement, each in an amount equal to six months of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor. Contractor shall provide 1:\Agreements\Maintenance\Standardized Contract Custodia! Services 1 Standardized Contract Custodial Services 2007 - 2009 the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. 7. Insurance and Indemnification. a. The Contractor shall purchase and maintain insurance to protect itself from claims under the Worker's Compensation Act. b. The Contractor shall purchase and maintain insurance to protect itself from claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of its employees or any person other than its employees; and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom and from claims arising out of the performance of this Contract by the Contractor. The base limits of this policy shall be $1,000,000 combined single limit. c. Before the City executes this Contract, the Contractor shall provide the City with evidence of insurance in a form of a Certificate from the insurer naming all policies. The City shall be an additional named insured on the Contractor's insurance policy. The insurance policies shall contain a provision that they may not be cancelled unless prior written notice thereof is given to the City not less than ten (10) business days prior to the cancellation date. d. The Contractor shall be responsible for initiating, maintaining and supervlSlng all safety precautions and programs in connection with the Work. The City shall not be responsible for or have control of safety precautions and programs in connection with the Work. e. Contractor provides the financial protection of the required insurance to benefit both City and Contractor. Providing and paying for the insurance is part of the consideration which Contractor offers City. The City does not represent or warrant that the types of limits of insurance specified in this Article adequately protect Contractor's interest or sufficiently cover Contractor's liability. f. The Contractor shall defend, hold hannless and indemnify the City, its officers, agents, and employees form and against any and all claims, demands, actions or causes of action (including court costs and reasonable attorneys' fees) of whatever nature of character arising from the Contractor's performance of the Work herein. 8. RiJ!hts and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. l:\Agreernents\Maintenance\Standardized Contract Custodia! Services 2 Standardized Contract Custodial Services 2007 - 2009 9. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Contact Name Company Name Street City, State, ZIP Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Frank Boyles, City Manager City of Prior Lake 4646 Dakota Street S.E. Prior Lake, MN 55372 10. Termination. If at any time during the Contract term the City determines the contractor is violating any provisions of the specifications of the contract, the City may cancel the Contract by giving fourteen (14) days written notice of its intent to cancel, unless the violation is corrected to the City's specifications within the time set forth in the notice. 11. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor, and not an employee ofthe City. 12. Affirmative Action Policv. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment on the basis of race, color, religion, sex, marital status, national origin, ancestry, age, and physical or mental handicap and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 13. Data Practices Act. All Contractors and subcontractors shall comply with applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. a. Data submitted by a business to a government entity in response to a Request for Bids as defined in Section 16C.02, subdivision 11, are private or nonpublic until the bids are opened. Once the bids are opened, the name of the Bidder and the dollar amount specified in the response are read and become public. All other data in the Bidder's response to a bid are private or nonpublic data until completion of the selection process. For purposes of this section, "completion of the selection process" means that the government entity has completed its evaluation and has ranked the responses. After a government entity has completed the selection process, all remaining data submitted to all Bidders are public with the exception of trade secret data as defined and classified in Section 13.37. A statement by a Bidder that submitted data are copyrighted or otherwise protected does not prevent public access to the data contained in the bid. 1:\Agreements\Maintenance\Standardized Contract Custodial Services 3 Standardized Contract Custodial Services 2007 - 2009 b. If all responses to a Request for Bids are rejected prior to completion ofthe selection process, all data, other than that made public at the bid opening, remain private or non-public until a re-solicitation of bids results in completion of the selection process or a determination is made to abandon the purchase. If the rejection occurs after the completion of the selection process, the data remain public. If are-solicitation of bids does not occur within one year of the bid opening date, the remaining data becomes public. 14. Miscellaneous. a. This Contract shall become effective only upon its execution by both the City and the Contractor. This Contract shall not be modified, amended, rescinded, waived or terminated without the approval in writing of the City Council. b. The City shall be allowed to audit Contractor's books and records during regular business hours upon five (5) days written notice. c. This Agreement shall be governed by the laws ofthe State of Minnesota. d. That with respect to any and all businesses conducted or acts performed pursuant to this Agreement, the Contractor shall be deemed an employer. l:\Agreements\Maintenance\Standardized Contract Custodia! Services 4 Standardized Contract Custodial Services 2007 - 2009 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year hereinabove first written. CITY OF PRIOR LAKE CONTRACTOR By: Jack G. Haugen, Mayor By: Its: By: Frank Boyles, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of ,2007, by Jack G. Haugen and Frank Boyles, respectively the Mayor and City Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this , the day of , 2007, by of xxxxxxxxx on its behalf, Contractor. Notary Public l:\Agreements\Maintenance\Standardized Contract Custodiai Services 5 Exhibit C FORM OF BID FORMS. BID BOND Bond No. Premium $ KNOW ALL PERSONS BY THESE PRESENTS that we, (hereinafter called "Principal"), as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact business in the State of Minnesota (hereinafter called "Surety"), as Surety, are held and firmly bound unto City of Prior Lake (hereinafter called "Obligee"), in the penal sum of ($ ), in good and lawful money ofthe United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounded Principal has submitted a Bid pursuant to the City of Prior Lake Request for Bids From Qualified Bidders for Custodial Services, which Bid is referred to and made a part hereof as fully and to the same extent as if copied at length for the purpose of explaining but not of varying or enlarging the obligation. NOW, THEREFORE, the condition of this obligation is such, that if any award made by said Obligee, to the above bounded Principal, its executors, administrators, personal representatives or assigns under the City's Request for Bids from Qualified Bidders for Custodial Services shall be accepted by said Principal and said Principal shall enter into a contract for Custodial Services and give bond with the Surety, or with other Surety or Sureties to be approved by the Obligee for the faithful performance thereof, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed and sealed this day of ,2007 Principal Surety Company Exhibit D FORM OF PAYMENT AND PERFORMANCE BOND Bond No. Premium $ KNOW ALL PERSONS BY THESE PRESENTS that we, , (hereinafter called "Principal"), as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact business in the State of Minnesota (hereinafter called "Surety"), as Surety, are held and firmly bound unto City of Prior Lake (hereinafter called "Obligee"), in the penal sum of ($ ), in good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounded Principal has entered into a certain written contract ("franchise agreement") with the above-named Obligee, dated the day of 2007, which, franchise agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein for the purpose of explaining but not of varying or enlarging the obligation. NOW, THEREFORE, the condition of this obligation is such, that if the above bounded Principal, its executors, administrators, personal representatives or assigns, shall in all things well and truly perform and observe all of the covenants, agreements, and conditions on his or hers, its or their part to be performed and observed which are contained in said franchise agreement, then this obligation shall be void; otherwise to remain in full force. Signed and sealed this day of ,2007 Exhibit E BID FORM Custodial Services for city Buildings Due Monday, March 12,2007,3:00 p.m. at Prior Lake City Hall 4646 Dakota Street SE, Prior Lake, MN 55372 Bidder: Bidder Representative: Bidder is: (check one) o Sole Proprietorship o Partnership o Corporation existing under State of o Other (specify) Principal Address: Phone Number: E-mail Address: To Whom It May Concern: The undersigned, as Bidder, hereby proposes and agrees to enter into a contract, in the form contained in the City Bid Documents, with the City of Prior Lake ("City") to supply all labor, materials and equipment necessary to provide custodial services to the Maintenance Center, Fire Station No.1, Library Resource Center, Police Station and City Hall, all in accordance with the Bid Documents, Specifications and other pertinent bid requirements prepared and distributed by the City, and in strict accordance with the prices set forth below. The Contractor will not be entitled to any compensation on any item other than those listed on this bid form. Monthly cost of Custodial Services April 1, 2007, to December 31, 2007 - $ X9= $ Nine Month Cost Monthly cost of Custodial Services January 1, 2008, to December 31, 2008 - $ X 12= $ Annual Cost Monthly cost of Custodial Services January 1,2009, to December 31,2009 - $ X 12= $ Annual Cost $ Total Cost i.~4greements\Custodia' Selyces\g,d Formdoc A certified check, cashier's check or Bidders Bond drawn to the Order of the City of Prior Lake in the amount of five (5) percent of the total bid amount is attached. BIDDER HEREBY CONFIRMS THAT THIS BID SHALL BE GUARANTEED BY THE BIDDER FOR SIXTY ( 60) DAYS FROM THE DATE OF BID OPENING TO PROVIDE FOR SUFFICIENT TIME FOR ANALYSIS, CITY COUNCIL ACTION AND CONTRACT EXECUTION. Authorized Signature: Name Title Date Telephone Number: ( ) E-mail Address: The following submissions are hereby confirmed: Authorized Initials Bidder Acknowledgements and Attachments Completed Bid Form (Exhibit E) Bid Bond in the amount of 5% (Exhibit C) List of same or similar services satisfactorily provided using same employees proposed for this work Demonstrated managerial experience Three references from the Minneapolis/St. Paul metropolitan area Acknowledgement that Bidder is aware of and will enter into City's Standardized Contract (Exhibit B) Copies of current NCIC and MDPS criminal history checks for each employee that will enter City buildings for whatever reason Confirmation that Bidder has access to all equipment and supplies in sufficient quantities and condition to complete the work contemplated for the time period specified Confirmation that authorized bidder represented attended the Pre-Bid Tour. Name of the individual attending: Certificate of Insurance iV'.greements\Custodiai Ser1lices\8'd Form doc 2 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 INVITATION FOR BIDS Sealed bids from Bidders for the furnishing of Custodial Services for Maintenance Center, Fire Station No.2, Library Resource Center, Police Station and City Hall in accordance with the Specifications as prepared by the City of Prior Lake will be received at the Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake, MN 55372, until 3 p.m. on the lih day of March 2007, then publicly opened and read aloud at the City Hall Council Chambers. Copies of the Bid Documents, including the Specifications, may be obtained from Charlotte Green, Administrative Assistant, 4646 Dakota Street SE, Prior Lake, MN 55372. All bids shall be made on the form attached to the City's Bid Documents and shall be addressed to: Charlotte Green City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 The outside of the sealed envelope containing the bid must be marked "BID FOR CUSTODIAL SERVICES." Frank Boyles City Manager www.cityofpriorlake.com Phone 952.4474230 / Fax 952.4474245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 February 9, 2007 TO: QUALIFIED BIDDERS Attached hereto you will find the City of Prior Lake's Request for Bids for Custodial Services. The Bid Documents include this letter to Qualified Bidders; the Invitation for Bids; the Instructions to Bidders; Terms and Conditions; the City Specifications for Custodial Services; the Bid Form which includes the Bid Form Price Schedule; the Bid and Performance Bonds and the City's Standard Agreement between the City and the Contractor. The Bids, with accompanying documents, must be received no later than 3 p.m. on Monday, March 12,2007, at the Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake, MN 55372. Charlotte Green Administrative Assistant www.cityofpriorlake.com Phone 952.4474230 / Fax 952.4474245