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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-095Temp. Reso. 12665 Page 1 of 4 October 14, 2015 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015- 15 A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AMENDMENT NUMBER 1 TO THE AGREEMENT WITH UNITED STATES SERVICE INDUSTRIES, INC. FOR CITYWIDE JANITORIAL SERVICES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT NUMBER 1 AND ANY FUTURE RENEWALS TO THE AGREEMENT WITH UNITED STATES SERVICE INDUSTRIES, INC.; AUTHORIZING THE RENEWAL OF THE EXISTING AGREEMENT EFFECTIVE JULY 1, 2015, NUNC PRO TUNC THROUGH SEPTEMBER 30, 2017, IN AN ANNUAL CONTRACT AMOUNT OF $213,383.52 FOR FIXED -COST SERVICES; AUTHORIZING AN AMOUNT NOT TO EXCEED $23,824.55 TO BE ADDED TO THE CONTRACT FOR VARIABLE - COST SERVICES FOR A TOTAL ANNUAL BUDGET OF $237,208.07; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission deems it to be in the best interest of the citizens, residents, and staff of the City of Tamarac to maintain City facilities through proper janitorial services provided in a cost-effective and efficient manner; and WHEREAS, via Resolution R-2012-134, dated November 28, 2012, the City Commission of the City of Tamarac authorized award of Bid 13-01 B to and an Agreement with United States Service Industries, Inc. (USSI) for Citywide Janitorial Services, a copy of the Bid is attached hereto as "Exhibit 1" and made a specific part of this Resolution; and WHEREAS, the Agreement between the City of Tamarac and USSI allows for two (2) additional two (2) year renewal options, a copy of the Agreement is hereto attached as "Exhibit 2", and Temp. Reso. 12665 Page 2 of 4 October 14, 2015 WHEREAS, the vendor, USSI, has satisfactorily performed the scope of services per Bid 13-01 B and the subsequent Agreement; and WHEREAS, the proposed Amendment No. 1 to the Agreement between the City of Tamarac and USSI authorizes the first of two (2) two-year renewal options, effective July 1, 2015, Nunc Pro Tunc through September 30, 2015, a copy of Amendment No. 1 to the Agreement is hereto attached as "Exhibit 3" and made a specific part of this Resolution; and WHEREAS, Amendment No. 1 to the Agreement between the City of Tamarac and USSI authorizes the biennial CPI Adjustment to the contract costs per Bid No. 13-01 B, which, based upon the CPI rate of change from June 2013 to June 2015, is 3.54%, per Amendment No. 1 to the Agreement hereto attached as "Exhibit 3" and made a specific part of this Resolution; and WHEREAS, the Public Services Director, Financial Services Director, and Purchasing and Contracts Manager recommend that the appropriate City Officials approve Amendment No. 1 to the Agreement between the City of Tamarac and USSI and authorize the appropriate City Officials to execute said Amendment; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac that janitorial services be provided contractually by United States Service Industries, Inc. Temp. Reso. 12665 Page 3 of 4 October 14, 2015 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The approval and execution of Amendment No. 1 to the Agreement between the City of Tamarac and USSI is HEREBY approved for an amount of $213,383.52 for fixed -cost services and an amount of $23,824.55 for variable -cost services for an annual cost of $237,208.07 for the term of the Agreement. SECTION 3: The appropriate City Officials are HEREBY authorized to execute Amendment No. 1 to the Agreement between the City of Tamarac and USSI for the first of two (2) optional two-year renewal periods effective July 1 2015, nunc pro tunc, through September 30, 2017. SECTION 4: The appropriate City Officials furthermore are hereby authorized to approve and accept any future renewal options as provided for in the original Agreement, as included herein as part of "Exhibit 2". SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the Temp. Reso. 12665 Page 4 of 4 October 14, 2015 invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this N dayof i HAR ESSL R MAYOR ATTEST: PATRICIA TEUFE MC CITY CLERK 2015. RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: VICE MAYOR BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM VM-0j-'- )0ox" MUEL S. Gb Rt N CITY ATTORNEY TR 12665 Exhibit 1 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledqement BID NO.: 13-01 B BID TITLE: CITYWIDE JANITORIAL SERVICES BID OPENING DATE/TIME: November 6, 2012, 2:00 P.M. EST BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL: keith.glatz@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: October 23, 2012 (aD- 10:00 A.M. Tamarac City Hall City Commission Chambers, 7525 NW 88th Ave. Tamarac, Florida 33321 BONDING: 5% Bid Bond, 100% Payment/Performance Bond GENERAL CONDITIONS/INSTRUCTIONS TO BIDDERS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS OR IN THE SPECIAL CONDITIONS OF THE BID. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. GTG-1 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division INTRODUCTION of the Bidder. Late bids will be returned unopened to It is the intent of the City to award this bid to the the Bidder. lowest responsible and responsive Bidder. The City It is the Bidder's responsibility to read and understand reserves the right to accept or reject any or all bids the requirements of this bid. Unless otherwise and to waive any informality concerning the bids when specified, the Bidder must use the bid form furnished such rejection or waiver is deemed to be in the best in the bid document. The Bidder is requested to interest of the City. The City reserves the right to submit one (1) original and two (2) copies of the award the bid on a split order basis, lump sum or bid. The original bid must be manually and duly individual item basis unless otherwise stated, signed in ink by a Corporate Officer, Principal, or whichever is in the best interest of the City. Partner with the authority to bind the bidding This solicitation is issued pursuant to the City of company or firm by his/her signature. All bid forms Tamarac Code, Chapter 6, "Finance & Taxation", must be typewritten or completed in ink. The Bidder Article V, "The Tamarac Procurement Code", Section must initial any erasures or corrections in ink. All bids 6-141 et seq. shall be submitted in the English language. All prices, terms and conditions quoted in the submitted bid shall DESCRIPTION OF WORK The City of Tamarac is interested in obtaining sealed bid proposals from qualified Contractors to provide Citywide Janitorial Services for several City facilities within the City of Tamarac, FL. The work consists of furnishing all labor, supplies, materials, equipment, tools, service and supervision necessary to properly perform and maintain each City facility in a neat, clean and orderly manner as per the specifications listed within this bid.lt is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. Any and all special conditions in this IFB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility be expressed in U.S. Dollars, and will be firm for acceptance for sixty (60) calendar days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. BID DEPOSIT When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be returned to the Bidders at the time of contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 3. BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidder's failure to furnish said bonds. 4. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division not submit a bid on a contract with a public entity for Payments by Electronic Funds Transfer or the construction or repair of a public building or public Procurement Card: Vendors shall be capablie of work, may not submit bids on leases of real property receiving payments by direct deposit via electronic to a public entity, may not be awarded or perform funds transfer or by a City Procurement Card, instead work as a contractor, supplier, subcontractor, or of by paper check. Vendors are strongly encouraged consultant under a contract with any public entity, and to accept the City's Visa Procurement Card, or may not transact business with any public entity in register to receive all payments by direct deposit. excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS Firm Pricing: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Prompt Payment Discounts: Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Local Government Prompt Payment Act, F.S. Chapter 218. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and model/catalog number. Bidder shall submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 13. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidder's qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for TR 12665 Exhibit 1 City of Tamarac � their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 15. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the any goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City,or used in the execution of work under any resulting agreement shall conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered or used in the execution of work under any resulting agreement used by the contractor as a result of this agreement must be accompanied by a completed Material Safety Data Sheet (MSDS). 17. PERFORMANCE & WARRANTY Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award, notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. Upon award of any contract resultant from this solicitation, Contractor warrants the work against defects. In the event that defect occurs during this time, within a reasonable time after work has been performed, Contractor shall perform such steps as required to remedy the defects. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 19. TERMINATION Purchasing and Contracts Division a. DEFAULT: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY: Notwithstanding any additional requirements for performance based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. C. AGREEMENT SUBJECT TO FUNDING: Any Agreement resulting from this solicitation shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each 20. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 21. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 22. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of TR 12665 Exhibit 1 City of Tamarac race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex. Religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 23. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 24. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 25. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard and Contracts Division Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Liability Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self - insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 27. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between TR 12665 Exhibit 1 City of Tamarac the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 28. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 29. BID TABULATION Bidders may download the bid tabulation directly from the Internet at http://www.tamarac.org/bids.asr)x. The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals Purchasing and Contracts Division are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. 30. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 31. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 32. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. 33. VENUE Any Agreement resulting from this solicitation shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 34. STANDARD AGREEMENT DOCUMENT The City may attach as a part of this solicitation, a Sample Agreement document. Bidders shall be responsible for complying with all of the terms and conditions of the Sample Agreement document if included herein, except where variant or conflicting language may be included in any Special Conditions contained herein. Bidders shall note any deviation or variance with the Sample Agreement document at the time of bid submission. 35. OTHER GOVERNMENTAL ENTITIES If a Bidder is awarded a contract as a result of this Invitation for Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation for Bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. TR 12665 Exhibit 1 of Tamarac TABLE OF CONTENTS BID NO. 13-01 B Citywide Janitorial Services INVITATION TO BID 4 SPECIAL CONDITIONS 5 CITYWIDE JANITORIAL SERVICES 5 Purchasing and Contracts Division 1. PERFORMANCE BASED CONTRACTING................................................................................. 5 2. ASSIGNMENT OF CONTRACT...................................................................................................6 3. CONTRACTOR'S RESPONSIBILITY...........................................................................................6 4. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY..............................................................8 5. PERMITS AND LICENSES.......................................................................................................... 8 6. SITE INSPECTION - CONTRACTOR..........................................................................................8 7. SITE INSPECTION - CITY........................................................................................................... 8 8. SUBMITTALS............................................................................................................................... 9 9. WAIVER OF LIENS...................................................................................................................... 9 10. PAYMENT.....................................................................................................................................9 11. CONTRACT DOCUMENTS.......................................................................................................... 9 12. CHANGE ORDERS...................................................................................................................... 9 13. CONTRACT PRICE......................................................................................................................9 14. CITY'S OPTION..........................................................................................................................11 15. LIQUIDATED DAMAGES...........................................................................................................11 16. BONDS.......................................................................................................................................12 17. PERFORMANCE, PAYMENT AND WARRANTY BONDS........................................................12 18. UNCONTROLLABLE CIRCUMSTANCES.................................................................................12 TECHNICAL SPECIFICATIONS 12 I. SCOPE OF SERVICES..............................................................................................................14 II. GENERAL PROVISIONS...........................................................................................................14 III. SECURITY REQUIREMENTS AND LIQUIDATED DAMAGES.................................................18 IV. ADDITIONAL PROVISIONS.......................................................................................................20 V. FREQUENCY OF DUTIES.........................................................................................................22 VI. SPECIAL EVENTS.....................................................................................................................28 VII. CITY FACILITIES........................................................................................................................30 VIII. ENVIRONMENTALLY FRIENDLY PRODUCTS ....................................... .....................31 ATTACHMENT "A" BID FORM......................................................................... 33 ATTACHMENT "B" NON -COLLUSIVE AFFIDAVIT ............................................... 39 ATTACHMENT "C" CERTIFICATION................................................................ 41 ATTACHMENT "D" OFFEROR'S QUALIFICATION STATEMENT ........................... 42 11 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division ATTACHMENT "E" REFERENCES................................................................... 48 ATTACHMENT "F" VENDOR DRUG -FREE WORKPLACE .................................... 49 ATTACHMENT "G" LIST OF SUBCONTRACTORS .............................................. 50 ATTACHMENT "H" BID BOND......................................................................... 51 ATTACHMENT "I" PAYMENT BOND................................................................. 53 ATTACHMENT "J" PERFORMANCE BOND ....................................................... 56 ATTACHMENT "K" CHANGE ORDER............................................................... 61 SAMPLE AGREEMENT.................................................................................. 62 SAMPLE PERFORMANCE REPORT CARD ....................................................... 71 3 TR 12665 Exhibit 1 City of Tamarac Purchasing and C017tracts Division SPECIAL CONDITIONS CITYWIDE JANITORIAL SERVICES BID NO. 13-01 B INTRODUCTION Our Vision and Mission Our Vision: The City of Tamarac, our community of choice -- leading the nation in quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Mission: We Are "Committed to Excellence... Always" It is our job to foster and create an environment that Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Makes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered; in a manner that improves the overall value of the services that the City provides to its residents. In addition, we expect our vendors to work with the City as a team, and exhibit the highest level of integrity when dealing with any office or department of the City. In the case of Janitorial Services, our residents, visitors and employees expect and deserve clean facilities, which foster an environment conducive to comfort, good health, and professionalism. Diligence in the execution of the requirements of this bid will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these ideals in the execution of their work, and the successful firm will be measured against the performance standards outlined in this bid invitation. 1. PERFORMANCE BASED CONTRACTING 1.1 Satisfactory Service Required The City of Tamarac has embraced the concept of Performance Based Contracting. Under this model of Performance Based Contracting, satisfactory TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division INVITATION TO BID Bid No. 13-01 B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until Tuesday, November 6, 2012 at 2:00 p.m., at which time bids will be publicly opened and announced for: CITYWIDE JANITORIAL SERVICES All bids received after the date and time stated above will be returned unopened to the bidder. All bidders are invited to attend the opening. One (1) original and two copies (2) of the bid shall be submitted on an official bid form furnished with the bid package and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked "Bid No. 13-01 B, CITYWIDE JANITORIAL SERVICES opening Tuesday, November 6, 2012 at 2:00 p.m." On the outside of the envelope. A MANDATORY Pre -Bid Conference and walk through will be held on Tuesday, October 23, 2012, at 10:00 A.M., at the city of Tamarac, City Hall, City Commission Chambers, 7525 NW 88th Avenue, Tamarac, Florida. All parties interested in bidding on this project must attend this meeting. Floor plans for all City facilities covered by this Agreement will be made available in electronic form at the pre -bid conference. Bid security: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 5% of the total bid price payable to the City of Tamarac as guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. A 100 % Performance and Payment bond will be required prior to commencement of work. The work to be performed consists of the Contractor furnishing all labor, supplies, materials, tools, and equipment necessary to provide janitorial services for City facilities as per the specifications contained within this bid package. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 597-3570; and for technical issues, contact Troy Gies at (954) 597-3718. Keith K. Glatz, CPPO Purchasing & Contracts Manager Publish Sun Sentinel: Sunday, 10/7/2012 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division No work shall be performed prior to 6:00 PM and all work shall be completed by 7:00 AM, with the following exceptions: Water Treatment Plant all work can only be performed between 5:00 PM and 9:00 PM; Recreation Center, Multi Purpose Building and Community Center where all work is to be performed between 9:30 PM and 6:00 AM ONLY. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide adequate on -site supervision to ensure satisfactory completion of the work. On -site supervision must include one (1) qualified supervisor, as a fully authorized agent of the Contractor, capable of making on -site decisions, and shall be responsible for the performance of the work; and shall be present within the City while the work is being performed. The name of this person and alternate(s) who shall act for the Contractor when the supervisor is absent shall be designated in writing to the City prior to contract start date, and updated as needed. Additional supervision may be utilized by the Contractor including, but not limited to, crew leaders, senior staff, etc, but such additional supervision shall supplement, but not replace, On -Site Supervision, described above. The Contractor shall provide a telephone number(s) for the City to contact the supervisor or alternate should the need arise. The Supervisor or alternate(s) shall be available for contact between the hours of 7:00 a.m. and 4:00 p.m. Response time shall be measured from the time the City places the call to the supervisor or alternate(s) to the point where the supervisor arrives at location to which the supervisor was dispatched. The maximum allowable timeframe for supervisor response will be 60 minutes. The supervisor shall have access to a digital camera to visually document issues including but not limited to safety concerns (e.g. trip hazards), property damage, and situations requiring extraordinary level of cleaning beyond normal scope of this contract (e.g. excessive dirt and trash The supervisor and alternate(s) shall be able to read, write, speak, and understand English. The Contractor shall be aware that the sites are not secure, and as such are subject to pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the sites at all times during and after cleaning to protect the general public from harm, and remove from the sites and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable City personnel in writing. No materials or equipment are to be stored so as to restrict traffic lines of sight. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and 7 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division performance will result in the City's exclusive use of the contractor for all contractual purchases for the full period specified as the contract term. Unsatisfactory performance by the contractor shall result in the contractor's loss of exclusivity. If, in the sole judgment of the City, the contractor is not providing satisfactory service, the exclusive contractual relationship between the City and the contractor may be terminated, without penalty, by the City at any time after it has purchased the guaranteed volume of goods or services as specified in the Specifications/Statement of Work herein. The principle of Performance Based Contracting, however, does not negate the right of the City to terminate the contract under the standard terms and conditions covering "contract termination" herein. 1.2 Use of Supplemental Agreements The City reserves the right to award additional agreements for City wide Janitorial Services upon attainment of the minimum contractual guarantee. Awards may be made under this solicitation for a period of one -hundred eighty (180) days following the opening of bids, subject to mutual agreement between the City and the applicable contractor. The City shall attempt to award supplemental agreements to bidders in a sequential fashion, beginning with the lowest priced responsive and responsible bid. If supplemental bidder(s) is unwilling or unable to maintain pricing during the one -hundred eighty day period, then the City may award to the next higher responsive supplemental bidder. The award of subsequent additional agreements under this solicitation could be required based on changes to the City's requirements, or if the original contractor fails to perform within the expectations of the City. Please note that additional awards shall not be made until the minimum contractual guarantee has been met, unless the original contractor is defaulted for non-performance during that period. 2. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contact, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 3. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division identified in order to ensure public safety. Any questions that arise during the term of the agreement shall be directed to 1) Building Maintenance Supervisor or designee, and 2) Public Works Superintendent or designee. 4. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. The City may provide manufacturers' recommendations for care and maintenance for special surfaces, including, but not limited to rubberized sport flooring, wood court flooring, etc. However, it shall be the Contractor's responsibility to ensure that all cleaning products and procedures are safe and effective for the intended surface. In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone (954) 597-3700 and inform the appropriate staff member about the location and extent of the damages. 5. PERMITS AND LICENSES The Contractor shall be responsible for securing all City Building permits. However, all City permit fees are waived. The Contractor shall submit copies of all permits required for this work. The Contractor shall be responsible to secure the necessary construction permits from other agencies as identified in the Technical Specifications. Cost of permits will be paid for from the bidding and permits allowance included in the bid schedule, if applicable. 6. SITE INSPECTION — CONTRACTOR It shall be the full responsibility of the bidder to visit and inspect the proposed sites as shown within the Technical Specifications prior to the submission of a bid. No variation in price or conditions shall be permitted based on a claim of ignorance. Submission of the bid is evidence that the bidder has familiarized himself with the nature and extent of the work, and the equipment, materials, and labor requirements. Should the bidder see any problem, the bidder is to bring the problem to the attention of the City immediately. 7. SITE INSPECTION — CITY All work will be conducted under the general direction of the Public Works Department and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the Director of Public Works nor shall 8 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division the presence or absence of an inspector relieve the Contractor from any requirements of the contract. 8. SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, and insurance certificates within 15 days from the Award. 9. WAIVER OF LIENS Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is subject of the Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release the CITY from all claims of liability to the Contractor in connection with the Agreement. 10. PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. Invoices must bear the City's purchase order number(s). Payments shall be made pursuant to the requirements of the Local Government Prompt Payment Act, F.S. Chapter 218. 11. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form of Agreement, Bid Proposal executed and submitted by the Contractor, specifications (where applicable), any addendums or change orders, bond(s), insurance certificate(s), and the City Resolution awarding the bid. 12. CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed work in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 13. CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at its expense without change in the Contract Price or Time except as approved in writing by the appropriate City official(s). TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division 13.1 Change Order The Contract Priceand/or Time may only be changed by a ChangeOrder. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 13.2 Allowable conditions for Price Adjustment Price adjustments may only be requested due to a change of project scope mutually agreed upon between the City and Contractor or due to one of the following instances: 13.2.1 Bi-annual CPI Increase After the satisfactory completion of the initial term of two and one-half (2.5) years or thirty (30) months and upon each subsequent contract renewal, the contract price shall be eligible for an increase equal to the percentage change to the Miami Urban CPI Index for the twenty-four (24) month period ending June 30 of the current contract year. In no case shall the adjustment exceed 4% for any 12 month period (8% for a twenty-four month period) at any one time. In the event a bi-annual CPI increase is justified, it will take effect on October 1 of the same calendar year. 13.2.2 Cost Reduction Measures In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in frequency. In such an event, the monthly cost for the affected service shall be used to calculate the cost for the reduced service and the contract cost shall be reduced by that amount. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in services. 13.2.3 Change in Minimum Wage Law The contract cost may be adjusted due to a change in the State of Florida Minimum Wage as provided under Article X, "Miscellaneous", Section 24 "Florida Minimum Wage" of the State of Florida Constitution. All such increases shall only reflect a change to the actual costs of the Contractor, and shall not include any additional profit. The contract cost adjustment shall not be applicable to wage increases not mandated by a change in law (e.g. salary increase to attract or retain employees, to reward performance, etc.) It is the Contractors responsible to provide documentation verifying eligible changes due to changes in minimum 10 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division wage law; such documentation includes, but is not limited to, certified payroll reports. Example scenario for change of Contract Cost / due to Minimum Wage law change: Current Minimum Wage is $8.00 Current actual rate of compensation $8.10 New Minimum Wage increased to $8.25 Actual wage paid increased to $8.50 Wage change eligible for Contract Cost Change $0.15 ($8.25 — 8.10 = $0.15) *Figures used in above example are for illustrative purposes only, and do not necessarily reflect actual minimum wage rates. 14. CITY'S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the CITY. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the CITY. 15. LIQUIDATED DAMAGES Failure to respond to requests by the City within four (4) hours regarding inadequate performance of duties designated as Nightly Duties in the Technical Specifications of this bid document; or within twenty-four (24) hours regarding all other duties will result in a $100.00 a day deduction from the following payment application. The parties agree that damages consequent to a breach of this section are not readily ascertainable at the time of executing this Contract, and agree that $100.00 per day is an amount proportionate to the cost incurred by the City as a result of such breach. The parties agree that this amount is not intended as punitive damages. In the event the Contractor fails to respond to requests by the City within twenty-four (24) hours regarding inadequate performance of duties designated as Nightly Duties in the Technical Specifications of this bid document; or within three (3) days regarding all other duties the City reserves the right to, at the Contractor's risk and cost, take corrective actions. In the event of such breach the City will deduct the actual cost 11 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division incurred by the City from the following payment application. The parties agree that this amount is not intended as punitive damages, and that the Contractor must receive written or verbal notification prior to the City taking corrective actions. 16. BONDS The Contractor shall furnish a 5% bid bond in the amount of the total bid amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per City Code Section 10-156. The Contractor shall furnish a separate Performance Bond in the amount of 100% of the total bid award amount as security for the faithful performance of all of the contractor's obligations under the contract documents, per City Code Section 10-156. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 17. PERFORMANCE, PAYMENT AND WARRANTY BONDS All bid bonds must be written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract. They shall indemnify and save harmless the City to the extent of any and all payments in connection with the carrying out of said contract which the City may be required to make under the law. The City reserves the right to select its own defense counsel. 18. UNCONTROLLABLE CIRCUMSTANCES Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or 12 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. In the event that any City facility is closed due to uncontrollable forces as indicated in Section 18.1 of these Special Conditions, the Contractor shall not bill the City for the cost of hourly employees who are not working, unless such employees have been tasked to complete maintenance at that facility in an effort to restore the facility to operational status. Remainder of Page Intentionally Blank 13 TR 12665 Exhibit 1 City of Tamarac Purchasing and C017tracts Division TECHNICAL SPECIFICATIONS JANITORIAL SERVICES BID NUMBER RFP NO. 13-01 B I. Scope of Services The City of Tamarac is interested in obtaining proposals from qualified Contractors, to provide Janitorial Services as described herein for several City facilities. The work consists of furnishing all labor, supplies, equipment, tools, service and supervision necessary to perform and maintain the work conducive with a neat, clean and orderly condition. It shall be understood that in addition to the services, all tasks incidental to cleaning functions not specifically listed but normally included as general or routine janitorial practices shall be provided at no additional cost to the City. The janitorial task and frequency schedules indicate the minimum acceptable cleaning frequency. The janitorial task and frequency schedules indicate the minimum acceptable cleaning frequency and does not exclude the removal of obvious dirt, dust, or litter from any floor, wall, window or door; nor does it exclude the removal of obvious fingerprints and marks from any wood, metal, or glass surface. The City strives to maintain a clean workplace. However, due to the nature of the work performed by the City, occasionally tracked dirt and mud may be present. It is the responsibility of the Contractor to remove and clean all visible dirt and mud, and dispose of all obvious trash and litter. II. General Provisions A. Performance Based Contracting: The City of Tamarac desires to enter into a partnering agreement with the successful contractor, which will provide mutual benefits for both the City and the Contractor. Under a Performance Based Contract, the Contractor's satisfactory performance will result in the City's exclusive use of the Contractor for the full term of the Agreement, while unsatisfactory performance may result in the loss of the Contractor's rights to exclusivity upon passage of the guaranteed period of contract exclusivity. The City of Tamarac guarantees that as long as the Contractor has not breached this Agreement, the Contractor shall be guaranteed an exclusive business relationship with the City for a minimum period of six (6) months. Upon passage of the guaranteed contract period, this Agreement shall continue to remain in force, however future exclusivity under the Agreement shall be contingent on 14 TR 12665 Exhibit 1 of Tamarac and Contracts Division the successful performance of the Contractor in accordance with the specifications contained herein. The City shall continue to utilize the Contractor exclusively, for the needs enumerated herein, if it is determined that the Contractor is providing satisfactory performance under the Agreement. Satisfactory performance shall be defined as follows: Successful adherence to the requirements of this Agreement and successful completion of all tasks required under the specifications in a manner which is acceptable to the City. The Contractor shall provide a level of service which shall lead to optimal agency satisfaction. Complaints, including but not limited to poor service, unacceptable follow- up, disputes relating to invoice processing, etc. shall constitute unsatisfactory performance. More than five (5) complaints, reviewed and solely determined by the City to be legitimate, per month will prompt a review of the Contractor's performance, and may result in cancellation of the exclusivity provision contained herein. Contract Report Card: The City shall formally evaluate Contractor on an ongoing basis during the term of the Agreement. The City shall request City employees to serve on an evaluation panel during the contract term. Each employee will evaluate the Contractor using a "Contract Report Card" evaluation document, which will survey the Contractor's level of service. Evaluation criteria for the "Contract Report Card" will be developed by the City, with input from the Contractor. The City will periodically meet with the Contractor to discuss the results of the "Contract Report Card" evaluation for that period. A sample Contract Report Card is included as part of this bid document. The evaluation of contractor performance and review of complaints shall be consistent with and in addition to performance requirements as identified in this document; including, but not limited to, Section 15 of the Special Conditions "Liquidated Damages", and Section C of the General Provisions "Performance". B. Contract Period: The contract period shall be for two and one-half (2.5) years based upon successful performance by the Contractor. The Contractor, however, shall initially contract exclusively with the City for a guaranteed period of six (6) months. The Contractor shall be evaluated by City personnel during this time period. During the initial six (6) month period, the contactor shall enjoy an exclusive contract relationship with the City. Upon completion of the initial six (6) month period, however, unsatisfactory performance by the Contractor shall result in the loss of exclusivity. Satisfactory performance will result in the Contractor maintaining its exclusive right to perform the requirements of this Agreement for additional six (6) month terms until the completion of the full two and one-half (2.5) year term. Upon completion of the first full two and one-half (2.5) year period, the City reserves the right to renew the Contract for two (2) additional two (2) year periods based on the successful Bidder agreeing to the same terms and conditions and by giving written notice to the City not less than ninety (90) days prior to renewal date of any adjustment 15 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division in the Contract amount. Contract renewal will be based on satisfactory performance, mutual acceptance, and determination that the Contract is in the best interest of the City. The ongoing performance evaluation process will continue during any renewal periods for the life of the Agreement. C. Performance: City is sole judge of non-performance. Failure of Contractor to comply with conditions, terms, specifications, and requirement of bid is just cause for termination of the Contract as enumerated in the Technical Specifications, Section II, "General Conditions", paragraph 2 "Contract Period" contained herein. Routine Inspections: The City shall perform routine inspections of City facilities for compliance with this Contract. Deficiencies will be reported to the Contractor for correction. Contract Performance: The City, in cooperation with the successful Contractor, shall develop a "Contract Report Card", which will be utilized by agency personnel in the evaluation of the Contractor's performance. In the event that the Contractor does not receive a passing evaluation, the Contractor will be provided with an opportunity to correct any deficiencies within two (2) weeks after being notified of such deficiencies. Failure to correct such deficiencies may result in the Contractor's loss of its exclusive right to do business with the City. D. Damages/Loss: The successful bidder shall at all times guard against damages or loss to the property of City of Tamarac or of other vendors or contractors and shall be held responsible, at the City's discretion, to replace, repair, rebuild, or restore any such damage or loss. E. Health & Safety: Contractor certifies that all material, equipment, etc. contained in their bid meets all O.S.H.A. requirements. In compliance with Chapter 422, Florida Statutes, Material Safety Data Sheets (MSDS) must accompany any items included in the latest edition of "Florida Substance List" which are used as a result of this bid. The MSDS sheets must be maintained by the user agency and must include the following information: 1. The chemical name and the common name of the toxic substance. 2. The hazards or other risks in the use of the toxic substance, including: a. The potential for fire, explosion, corrosiveness, and reactivity. b. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance. c. The primary routes of entry and symptoms of overexposure. 3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the EM TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division toxic substances, including appropriate emergency treatment in case of overexposure. 4. The emergency procedure for spills, fire, disposal, and first aid. 5. A description in lay terms of the known specific potential health risks posed by the toxic substances intended to alert any person reading this information. 6. The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. 7. All substances shall remain in manufacturer's container with manufacturer's labeling. F. Environmental: Energy conservation and recycling are issues of great concern to the City of Tamarac. To this end, Contractor agrees to: The contractor shall use environmentally preferable practices. Environmentally preferable practices refers to the use of products and procedures which result in waste prevention, conservation of water and electricity, reduce air and water pollution, and minimize the use and disposal of toxic or harmful materials. Alternate products or procedures may be used in cases where an environmentally preferable product does not exist, produces inferior results, or is significantly higher priced. Leave only designated night -lights burning upon departure from any City facility. 2. Use only sufficient lighting to accomplish cleaning. 3. Use only vacuums with high efficiency particulate filter bags with filters retaining particle sizes below one (1) micron. 4. Not change any thermostat settings at any time. 5. Maintain the separation of trash/solid waste and designated recyclables, and deposit each in the appropriate containers/receptacles and/or dumpsters at the site where the work is to be performed: The City will provide recycling carts and garbage dumpsters at City facilities. Contractor will be responsible for separating recycling from garbage and shall deposit each in the appropriate containers. However, Contractor will not be expected to sort through garbage and/or recycling receptacles to extract recycling. In the event that recycling carts are full, not present, or otherwise inaccessible Contractor shall transport recycling to another facility, and shall report this to the City in the daily log. If the City fails to 17 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division provide a recycling cart within 24 hours, the Contract may dispose of recycling at the affected facility until recycling cart(s) are available. Contractor shall report to City areas where recycling participation is low and provide assistance as needed. Recycled items include: newspapers, office paper, mixed paper, plastic bottles and aluminum cans. Items can be removed or added at any given time. The City utilizes waterless urinals in many of the facilities. The Contractor is responsible for cleaning waterless urinals per manufacturer's recommendations. The Contractor is also responsible for replacing waterless urinal cartridges as needed, but not less than once every six (6) months. Waterless urinals must be cleaned and cartridges replaced in a manner that prevents foul odors. III. Security Requirements & Liquidated Damages A. Liquidated damages: City security measures shall be strictly enforced. The parties agree that damages consequent to a breach of this article are not readily ascertainable at the time of execution of the Agreement, and agree that $100 per incident is an amount proportionate to the cost incurred by the City as a result of that breach. B. Security Requirements: All contractor employees shall be neatly attired in a company uniform, which clearly displays the Company logo. Additionally, all contractor employees shall clearly display an identification badge at all times while present in City facilities. The identification badge shall at a minimum include a photograph of employee, the employee's full name, and the name of firm. 2. Contractor shall provide the City a listing of all contractor employees to be assigned to work in City facilities. This listing shall include the employee's first and last name, date of birth and social security number. This listing shall be maintained and updated by the contractor. In the event of any changes to assigned contractor personnel, the Contractor shall remit to the City a revised listing at least 48 hours prior to initiating any changes. 3. All Contractor personnel assigned to City facilities shall be subject to a criminal background check, which may be conducted at the City's expense. The result of this background investigation shall be provided to the City's Budget and Contracts Manager. The City shall be sole judge regarding the acceptability of individuals assigned to work in City facilities. 18 TR 12665 Exhibit 1 City at Tamarac Purchasing and Contracts Division 4. The Contractor shall procure and maintain, for the life of the Contract, a Fidelity Bond with limits of $25,000 covering all employees that will be working within any City facility. 5. The City reserves the right to deny entry or to permanently bar access to individual contract employees. 6. Facility keys shall not be identified by either City name or address. Keys shall be tagged with a numerical code known only to the Janitorial Operations Management Staff. Under no circumstances will Contractor be allowed to make a copy of any key. 7. All windows and doors shall be positively locked during the cleaning operations and when leaving following completion of the cleaning activities. 8. Unauthorized personnel shall not be permitted to enter any City facility. 9. Contractor shall not begin work prior to 6:00 pm and shall have all work completed by 7:00 am, except where otherwise noted. The Contractor's employees shall conduct themselves in a courteous manner and make every effort to avoid any disruption to City employees or patrons. 10. Work shall be supervised and a working supervisor shall be on premises at all times. 11. The Contractor's employees are not to use City equipment (i.e., coffee makers, typewriters, adding machines, copiers, radios, telephones, machinery, etc.) for any reason unless approved in writing by the Public Works Director or designee. 12. Only discarded items either for garbage or recycling shall be removed by cleaning staff. Cleaning staff shall not make assumptions as to the status of unattended items. 13. A lost and found policy shall be implemented by Contractor and communicated to the Public Works Director or designee. 14. Contractor shall immediately report suspicious activity, unusually occurrences, damage, and/or vandalism to the City's Building Maintenance Supervisor or designee. 19 TR 12665 Exhibit 1 IV City of Tamarac Additional Provisions Purchasing and Contracts Division A. Supplies: Contractor will be responsible for providing all supplies including, but not limited to, paper towels, seat covers, toilet tissue, trash liners, cleaning supplies, sanitary supplies, soap, etc. as necessary to meet conditions, terms, specifications, and requirement of bid. The Contractor must furnish and maintain, in good repair, all equipment including, but not limited to mops, brooms, floor machines, etc. and any other equipment necessary to perform assigned duties. All cleaning products shall be reviewed and approved by City prior to usage. No acid based cleaning products shall be used. Only manufacturer recommended cleaning products shall be utilized on rubber flooring. In all cases, it is the responsibility of the Contractor to ensure materials used do not damage or harm surfaces to be cleaned or treated. The correction of any damage resulting from a cleaning material or solution used shall be the responsibility of the Contractor, and all corrections shall be performed at no cost to the City. B. Dispenser refilling: Overlooked items shall be handled promptly. Upon notification of oversight from City, Contractor will be expected to provide corrective actions within four (4) hours. All dispensers shall be sufficiently stocked to cover a 24-hour period of normal use. The contractor shall provide the City with a stock of all restroom dispensable materials including, but not limited to, soap, toilet paper, and paper towels for "emergency" refills due to overuse or abuse during normal operating hours. At no time, will the City be responsible to refill dispensers missed or not adequately stocked. In order to minimize overuse or abuse of dispensable product, the City supports the use of dispensers that minimize waste. In instances where use or abuse is indicated the City may provide support (e.g. cost sharing, installation, etc.) in changing dispensers, provided there is no reduction in performance. In the event where dispenser change is requested to reduce operating cost of the contractor, the Contractor shall be responsible for all associated costs. In any case, the change shall be approved by the City prior to installation and upon installation all dispensers become the property of the City. C. Meetings: The Contractor or a designated representative, at the discretion of the Public Works Director or designee, shall be made available for periodic meetings with City personnel. D. Schedule: Within thirty (30) days of Contract commencement the Contractor shall provide the Building Maintenance Supervisor or designee with a Schedule for Periodic Tasks identifying the proposed schedule for monthly, quarterly, and semi-annual tasks, which will be performed during the entire term of the contract. No later than the 5th of every month, the Contractor shall provide the Building Maintenance Supervisor with a report of monthly, quarterly, and semi-annual tasks W TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division performed in the previous month; the contractor shall also provide any updates or changes to the Schedule for Periodic Tasks for the coming month. E. Holidays: Contractor's services will not be required on City observed Holidays. In the event the Contractor chooses to work on a City observed holiday, 48 hour advance notice is required. Such work performed on City observed Holidays, as agreed to by the City, and which is within the scope of the contract, will be for the convenience of the Contractor and will not result in additional charges to the City. City observed holidays include the following: New Years Day Martin Luther King's Birthday President's Day Memorial Day July 4th Labor Day Veteran's Day Thanksgiving Day (Thursday) Day after Thanksgiving (Friday) Christmas Eve Christmas Day F. Storage closet areas: The City provides a reasonable amount of storage space and janitor closets within each facility. The Contractor is responsible to maintain these areas including, but not limited to, cleaning soiled mops and emptying dirty water. Such areas shall be well kept as to avoid foul odors. The Contractor is responsible for providing any additional storage required for equipment, materials, or supplies. G. Communication log book: This book shall be kept at City Hall in the lower storage closet. Entries shall be made as needed and only Contractor's supervisor and City shall be allowed to make entries. This book will serve as a communication tool between the City Public Works designee and Contractor's supervisor. H. Dispute resolution: All disputes pertaining to this Bid between the City and the Contractor shall be settled internally with the appropriate City staff making the final determination and through the following chain of command: 1) Public Works Superintendent, 2) Budget and Contracts Manager, 3) Public Works Operations Manager, 4) Assistant Director of Public Works, and 5) Director of Public Works. The Purchasing and Contracts Manager shall be present and included in all dispute resolution meetings pertaining to this Bid. In the event a dispute cannot be settled through the chain of command set forth in this section, the dispute shall be brought forward in a court of competent jurisdiction. The laws of Florida shall be controlling. Venue shall be in Broward County, Florida. 21 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division V. Frequency of Duties General Duties Duties to be performed for all City Facilities as identified in Technical Specifications Section VII: City Facilities in addition to specific duties and responsibilities as identified in this document. All City Facilities identified in this document are public buildings. As such, City employees, elected officials, and members of the public, may use buildings after normal operating hours. It is the responsibility of the Contractor to minimize disruption of activities in City facilities. The City will make reasonable efforts to notify the Contractor of after hour activities; however, it is the responsibility of the Contractor to coordinate the work schedule with the City on an ongoing basis. Except where otherwise specified or agreed to by both parties, the Contractor's services will not be required on weekends. In the event the Contractor chooses to work on a Saturday or Sunday, 48 hour advance notice is required. Such work performed on weekends, as agreed to by the City, and which is within the scope of the contract, will be for the convenience of the Contractor and will not result in additional charges to the City. Remainder of Page Intentionally Blank 22 TR 12665 Exhibit 1 of Tamarac Purchasing and Contracts Division JANITORIAL DUTIES — CLEANING STANDARDS ALL DUTIES TO BE COMPLETED DAILY, UNLESS OTHERWISE NOTED Clean and sanitize all shower stalls, toilets seats, toilet bowls, and urinals Clean and sanitize waterless urinals Clean and sanitize all sinks and sink fixtures Clean all mirrors and glass _Clean and sanitize all door handles, touch plates, and light switches Clean and fill all dispensers, including, but not limited to hand soap, toilet paper, paper towels, and toilet seat covers Mop and disinfect floors Clean doors and hardware, including bathroom stalls Clean and sanitize all partitions, tile walls, and hand dryers Check air fresheners, and fill as needed Clean and disinfect all benches and chairs Clean and dust locker exteriors including all horizontal surfaces Dust and clean exterior of vending machines, including all horizontal surfaces Clean and sanitize entrance doors inside and out Clean and refill all floor drains Replace Waterless Urinal Cartridges as needed, but not less than once every four months, replace waterless urinal cartridges 23 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division Clean and polish conference table tops Dust all furniture Dust all horizontal surfaces of desks, file cabinets, bookcases, copiers, etc, without moving or disturbing ANY materials Only exposed surfaces shall be dusted; and cluttered desks, cabinets, and other work areas shall not be dusted Clean and polish reception counters Clean and sanitize drinking fountains Clean all building entrance doors inside and out, including all glass surfaces, and remove fingerprints and marks from all handles and touch plates Spot clean all window interiors Spot clean all window sills and all door jambs Dust and spot clean both surfaces of all interior doors Remove fingerprints and marks from all interior door handles and push plates Dust all window blinds Dust all window sills and door iambs Clean all window interiors including all glass, grids, frames, sills, etc. Clean all window blinds Clean all exterior windows per approved schedule. 24 TR 12665 Exhibit 1 of Tamarac Purchasing and Contracts Division Sweep or dust mop, including removal of scuff marks Damp mop with pH neutral cleaner diluted in clean water Vacuum all entrance mats Sweep and dust mop Damp mop or machine scrub using a 350 rpm scrubber or an auto -scrubber and a white pad with pH neutral cleaner diluted in clean water, and rinse with clean water Shampoo or extraction clean all carpeted areas Strip, seal, and wax all resilient floors, per approved schedule Empty and clean all trash receptacles / replace liners (2 mils minimum in kitchens, break rooms, large garbage containers, and any other container requiring heavy-duty liners) Empty and clean all paper recycling bins Check bottle and can recycling bins, empty and clean as needed Separate and deposit all trash and recyclables in appropriate receptacles Spot clean all walls and partitions Dust all Ledges, sills, door jambs, and baseboards Remove fingerprints and marks from all light switches High dust for spider webs Dust all wall objects Clean air vents, including exhaust vents, supplies, and returns. This includes facilities with high ceilings; and City will provide one-man lift, with adequate notice. Clean and shampoo upholstered furniture in lobby and administrative offices. Pressure wash entrances tile or pavers. 25 TR 12665 Exhibit 1 of Tamarac Purchasinq and Contracts Division CITY FACILITIES FACILITY TO BE CLEANED ADDRESS TYPES OF CLEANING (list for illustrative purposes only, and in no way is to be considered complete) APPROXIMATE SIZE OF AREA TO BE CLEANED FREQUENCY CITY HALL 7525 NW 88TH AVENUE OFFICES AND CONFERENCE ROOMS, RESTROOMS, BREAKROOMS, ENTRYWAYS AND FOYERS 47,924 SQ FT MONDAY — FRIDAY PUBLIC WORKS BUILDING 6011 NOB HILL ROAD OFFICES AND CONFERENCE ROOMS, RESTROOMS AND LOCKER ROOMS, BREAKROOMS, ENTRYWAYS AND FOYERS 18,000 SQ FT MONDAY — FRIDAY PARKS ADMINISTRATION BUILDING 6001 NOB HILL ROAD OFFICES AND CONFERENCE ROOMS, RESTROOMS AND LOCKER ROOMS, BREAKROOMS, ENTRYWAYS AND FOYERS 11,235 SQ FT MONDAY — FRIDAY UTILITY / IT BUILDING 10101 STATE STREET (At Nob Hill Road) OFFICES AND CONFERENCE ROOMS, RESTROOMS AND LOCKER ROOMS, BREAKROOMS, ENTRYWAYS AND FOYERS 20,000 SQ FT MONDAY — FRIDAY WATER TREATMENT PLANT 7803 NW 61ST STREET OFFICES AND CONFERENCE ROOMS, RESTROOMS AND LOCKER ROOMS, BREAKROOMS, ENTRYWAYS AND FOYERS 4,760 SQ FT MONDAY — FRIDAY RECREATION CENTER 7501 N. UNIVERSITY DRIVE OFFICES AND CONFERENCE ROOMS, RESTROOMS (including exterior restrooms), BREAKROOMS, ENTRYWAYS AND FOYERS (excluding concension area) 15,100 SQ FT SEVEN DAYS PER WEEK 26 TR 12665 Exhibit 1 of Tamarac and Contracts Division CITY FACILITIES (continued) MULTI -PURPOSE CENTER 7531 N. UNIVERSITY DRIVE OFFICES AND CONFERENCE ROOMS, RESTROOMS AND LOCKER ROOMS, BREAKROOMS, ENTRYWAYS AND FOYERS 16,794 SQ FT SEVEN DAYS PER WEEK CAPORELLA AQUATIC CENTER 9300 NW 58TH STREET OFFICES, RESTROOMS AND LOCKER ROOMS, BREAKROOMS ENTRYWAYS AND FOYERS 7,396 SQ FT SEVEN DAYS PER WEEK TAMARAC COMMUNITY CENTER 8601 W COMMERCIAL BOULEVARD OFFICES AND CONFERENCE ROOMS, RESTROOMS, BREAKROOMS, ENTRYWAYS AND FOYERS 30,000 SQ FT SEVEN DAYS PER WEEK FIRE STATION 15 6000 HIATUS ROAD OFFICES AND CONFERENCE ROOMS, RESTROOMS, BREAKROOMS, ENTRYWAYS AND FOYERS 6,059 SQ FT (First floor lobby & second floor administrative area) SEVEN DAYS PER WEEK 27 TR 12665 Exhibit 1 City of Tamarac VI. Special Events Cleaning and Day Porter Services and Contracts Division A. Special Events: The City may occasionally, for whatever reason, have special events that require janitorial attention beyond to the regularly scheduled services; or the City may require Day Porter Cleaning services, in addition to regularly scheduled services. Such services may be utilized by the City at the City's option; and may include, but not limited to: Spray buff resilient floors Carpet cleaning Furniture Polishing Glass Floor stripping _cleaning Waxing and sealing Upholstery shampooing Pressure cleaning Day Porter Services (seespecifications below B. Day Porter Services: The City may request Contractor to provide one (1) day porter to provide various duties daily on an as needed basis. Day porter may be required to work not more than 10 hours per day. Day porter may be required to float between buildings doing work as needed (replace paper products, clean restrooms, mop, dust, etc.) Day porter must have reliable means of transportation to move between facilities as needed. Day porter must be able to read, write, and speak English. The City will provide a radio or similar means of communication for use by the day porter while on site. Contractor will be responsible for providing all cleaning supplies, dispenser refills, and other equipment or materials needed to complete work. If utilized, day porter will be responsible for on -going spot cleaning of City facilities, with specific attention to restrooms, entryways, and lobby areas. Duties may include, but not limited to: • Spot clean restrooms, wipe down sinks and vanities, pick up and dispose of paper and trash, mop up spills and splashes, clean and disinfect toilet seats and bowls. • Check and refill dispensers (e.g. toilet paper, paper towels, soap, etc.) • Police entryways and lobby areas for trash, pick up and dispose of trash and litter inside and immediately outside of any entryway or lobby, area. • Spot clean entryway doors and windows removing fingerprints and marks • Sweep and / or dust mop non -carpeted areas in entryways and lobby areas. • Notify City Project Manager of any safety or health issues (e.g. burnt out light bulbs, trip hazards, etc.) Spot clean other areas as directed by the City Project Manager. To this end, the Contractor shall include a separate cost listing on the Bid Form. The provision of such services shall be considered optional, and will not impact the award decision of the City. 28 TR 12665 Exhibit 1 of Tamarac The City's option to utilize Day Porter Service shall conditions of the Contract. Any services provided addition to the required tasks; and any deficiencies in the terms and conditions of the Agreement. Purchasing and Contracts Division not alter or affect the terms and by the Day Porter would be in service would be addressed per Remainder of Page Intentionally Blank 29 TR 12665 Exhibit 1 of Tamarac VII. City Facilities and Contracts Division The City, at its own discretion, may choose to expand or reduce contracted janitorial services to City facilities in the future under the same General Terms and Conditions, Special Conditions, and Technical Specifications described herein. Therefore, Contractor shall supply a separate cost (cost per facility) listing for providing janitorial services to the following facilities: HOURS WHEN CITY FACILITY NAME AND ADDRESS CLEANING CAN BE DONE FIVE DAYS PER WEEK (MONDAY — FRIDAY) City Hall 7525 NW 88th Avenue, Tamarac 6:00 PM to 7:00 AM Public Works Building (1 st Floor — Building Dept / 2nd Floor Public Works) 6:00 PM to 7:00 AM 6011 Nob Hill Road, Tamarac Parks Administration 6001 Nob Hill Road, Tamarac 6.00 PM to 7.00 AM Water Treatment Plant, 7803 NW 61st Street, Tamarac 5:00 PM to 9:00 PM Fire Station #15, 6000 Hiatus Road, Tamarac 6:00 PM to 6:00 AM Utility / IT Building 10101 State Street (at Nob Hill Road) 6:00 PM to 7:00 AM SEVEN DAYS PER WEEK (SUNDAY — SATURDAY) Recreational Center, 7501 North University Drive, Tamarac 9:30 PM to 6:00 AM Multi Purpose Center, 7531 North University Drive, 9:30 PM to 6:00 AM Tamarac Caporella Aquatic Center, 9300 NW 58th Street, Tamarac 9:30 PM to 6:00 AM Community Center, 8601 W. Commercial Blvd., Tamarac 9:30 PM to 6:00 AM 0 TR 12665 Exhibit 1 of Tamarac Purchasing and Contracts Division A. Future City Facilities: Facilities acquired, constructed, and/or expanded by the City may, at the City's own discretion, utilize contracted janitorial services under the same General Terms and Conditions, Special Conditions, and Technical Specifications described herein. At such time, and as requested in writing by the City, the Contractor shall supply a separate cost (cost per facility) listing for providing janitorial services to said City facilities. Contractor's prices for the above -mentioned facilities will remain fixed and firm for the entire term of the Contract. Additionally, Contractor agrees to begin providing regularly scheduled services to any or all of the above facilities within thirty (30) days of notification from the City. Vlll. Environmentally Friendly Products When feasible, the City requires utilizing cleaning products, which have been certified as environmentally sensitive by a third party, such as Green Seal, the Environmental Choice Program, Environmental Protection Agency, or other qualified organization. Please provide a complete list of proposed certified environmentally friendly products along with your bid response. Due to the availability of a sufficient selection of cost - competitive, effective, and environmentally sensitive cleaning supplies the proposed products must include, but is not limited to the following categories: Bathroom Cleaners Carpet Cleaners General Purpose and Hard Floor Surface Cleaners Glass, Window, and Mirror Cleaners Hand Cleaners and Hand Soaps Paper Products 31 TR 12665 Exhibit 1 of Tamarac COMPANY NAME: (Please Print): Phone: Fax: ---NOTICE--- and Contracts Division BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. ❑ 2. Carefully read the Detailed Specifications, and then properly fill out the BID FORMS (Attachment "A"). ❑ 3. Fill out and sign the NON -COLLUSIVE AFFIDAVIT (Attachment "B") and have it properly notarized. ❑ 4. Sign the CERTIFICATION page (Attachment "C"). Failure to do so will result in your Bid being deemed non -responsive. ❑ 5. Fill out the BIDDERS QUALIFICATION STATEMENT (Attachment "D"). ❑ 6. Fill out the REFERENCES page (Attachment "E"). ❑ 7. Sign the VENDOR DRUG FREE WORKPLACE FORM (Attachment "F"). ❑ 8. Fill out the LIST OF SUBCONTRACTORS (Attachment "G"). ❑ 9. Include a 5% BID BOND. (Attachment "H"). Failure to provide a bond will result in automatic rejection of your bid. ❑ 10. Include proof of insurance. ❑ 11. Carefully read the CHANGE ORDER (Attachment "I"), and the STANDARD FORM OF AGREEMENT. ❑ 12. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. ❑ 13. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS PAGE AND THE FOLLOWING PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 32 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division ATTACHMENT "A" BID FORM BID NO. 13-01 B Submitted by: (Bidder) Date: THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 33 TR 12665 Exhibit 1 of Tamarac ATTACHMENT "A" BID FORM (continued) BID NO. 13-01 B Purchasing and Contracts Division The City of Tamarac is hereby requesting Bids, from qualified vendors, to furnishing all labor, supplies, materials, equipment, tools, service and supervision necessary to properly perform and maintain each City facility in a neat, clean and orderly manner. We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. City Facility Name and Location Monthly Cost Annual Cost City Hall 7525 NW 88th Avenue, Tamarac $ $ Public Works Department 6011 Nob Hill Road, Tamarac $ $ Parks Administration Building 6001 Nob Hill Road, Tamarac $ $ Water Treatment Plant 7803 NW 61 st Street, Tamarac $ $ Fire Station #15 6000 Hiatus Road, Tamarac $ $ Utility / IT Building State Street & Nob Hill Road $ $ Recreational Center, 7501 North University Drive, Tamarac $ $ Multi Purpose Center 7531 North University Drive, Tamarac $ $ Caporella Aquatic Center 9300 NW 58th Street, Tamarac $ $ Community Center 8601 W. Commercial Blvd., Tamarac $ $ TOTAL COST FOR ALL ABOVE LISTED FACILITIES AND CLEANING SERVICE [PLEASE NOTE PAYMENTS WILL BE MADE BY FACILITY ON A MONTHLY BASIS] $ $ Company Name Authorized Signature 34 TR 12665 Exhibit 1 of Tamarac ri1I Purchasing and Contracts Division ATTACHMENT "A" BID FORM (continued) BID NO. 13-01 B We propose to furnish the following Special Events Cleaning and / or Day Porter Service in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. The City shall occasionally, for whatever reason, have special events that will require janitorial attention unique to the regularly scheduled services; or may require day porter services. The Contractor will include square foot or hourly rates, as indicated, for the following services. Contractor's prices for these services will remain fixed and firm for the entire term of the Contract. Additionally, Contractor agrees to provide any or all of these services upon no less than twenty-four (24) hours' notice from the City. Special Events Cleaning / Day Porter Services Amount Per Sq Ft / Per Hour Spray buff of resilient floors $ Per Sq Ft Floor stripping, waxing and sealing $ Per Sq Ft Carpet shampooing (bonnet method) $ Per Sq Ft Carpet shampooing (extraction method) $ Per Sq Ft Furniture polishing $ Per Hour Upholstery shampooing $ Per Hour Glass cleaning $ Per Hour Pressure cleaning $ Per Hour Day Porter Service (Monday — Friday) $ Per Hour Day Porter Service (Saturday — Sunday) $ Per Hour Company Name Authorized Signature 35 TR 12665 Exhibit 1 City of Tamarac ATTACHMENT "A" BID FORM (continued) BID NO. 13-01 B and Contracts Division The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated. Company Name Address City, State, ZIP Contractor's License Number Authorized Signature Typed/Printed Name Telephone & Fax Number Federal Tax ID# 36 TR 12665 Exhibit 1 ATTACHMENT "A" BID FORM (continued) Bidders Name: TERMS: % DAYS: Delivery/completion: calendar days after receipt of Purchase Order. To be considered eligible for award, one (1) original and two (2) copies of this bid form MUST be submitted with the Bid. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 37 TR 12665 Exhibit 1 of Tamarac ATTACHMENT "A" BID FORM (continued) Bidder's Name: Variations: Purchasing and Contracts Division The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specifications in the space provided below; provided, however, that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non -responsive and ineligible for award: Section Variance Section Variance Section Variance Section Variance Attach additional sheets if necessary. 38 TR 12665 Exhibit 1 of Tamarac ATTACHMENT "B" NON -COLLUSIVE AFFIDAVIT State of )ss. County of and Conti -acts Division being first duly sworn, deposes and says that: 1. He/she is the (Owner, Partner, Officer, Representative or Agent) of the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By Witness Witness Printed Name Title 39 TR 12665 Exhibit 1 ATTACHMENT "B" NON -COLLUSIVE AFFIDAVIT (continued) ACKNOWLEDGMENT State of Florida County of On this the day of 200_, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 40 TR 12665 Exhibit 1 of Tamarac and Contracts Division ATTACHMENT "C" CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ If "Other", Explain: Authorized Signature Name (Printed or typed) Title/Security No. Federal employer I.D./Social Company name Address City/State/Zip Telephone Fax Number Contractor's License Number 41 TR 12665 Exhibit 1 of Tamarac Purchasing and Contracts Division ATTACHMENT "D" OFFEROWS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager ADDRESS: 7525 NW 88th Avenue Tamarac, Florida 33321 Check One Submitted By: ❑ Corporation Name: Address: Principal Office: Telephone No. Fax No. ❑ Partnership ❑ Individual ❑ Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name: d) Vice President's name: e) Secretary's name: f) Treasurer's name: g) Name and address of Resident Agent: 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: EYA TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division d) Name, address and ownership units of all partners: e) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the proposed work? ❑ YES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? ❑ YES ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? ❑ YES ❑ NO 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 43 TR 12665 Exhibit 1 of Tamarac Purchasing and Contracts Division 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 14. State the name of the individual who will have personal supervision of the work: 15. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 16. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: 44 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division 17. State the name of Surety Company which will be providing the bond, and name and address of agent: 18. Bank References: Bank Address Telephone The City reserves the right to request a financial statement including Proposer's latest balance sheet and income statement showing the following items. If financial statements are requested, bidder must provide the required documentation with three (3) business days after the request. The information must include the following: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): f) Net Fixed Assets g) Other Assets h) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). i) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 19. State the name of the firm preparing the financial statement and date thereof: 20. Is this financial statement for the identical organization named on page one? ❑ YES ❑ NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 45 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT. (Signature) 46 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division ACKNOWLEDGEMENT State of Florida County of On this the day of , 200_, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 47 TR 12665 Exhibit 1 of Tamarac ATTACHMENT "E" REFERENCES and Contracts Division Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name 48 TR 12665 Exhibit 1 of Tamarac ATTACHMENT "F" and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name TR 12665 Exhibit 1 of Tamarac ATTACHMENT "G" LIST OF SUBCONTRACTORS Purchasing and Contracts Division The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to be Performed 1. 2. 3. 4. 5. 6. Contractor Percent License of Total Subcontractor's Number Contract Name and Address 50 TR 12665 Exhibit 1 ATTACHMENT "H" BID BOND STATE OF FLORIDA ) ) ss: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, ,as Principal, and , as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: Dollars ($ ), lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, date , 200 for: Bid No. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. 51 TR 12665 Exhibit 1 of Tamarac Signed and sealed this day of IN PRESENCE OF: (AFFIX SEAL) ATTEST: Secretary ATTEST: Secretary *Impress Corporate Seal 52 Purchasing and Contracts Division 20 Principal Business Address City/State/Zip Business Phone Surety* By Title Attorney -I n-Fact* By TR 12665 Exhibit 1 City of Tamarac Purchasing & Contracts Division ATTACHMENT "I" FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the day of , 20 , with OWNER for which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. 53 TR 12665 Exhibit 1 City of Tamarac Purchasing & Contracts Division 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of 20 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) IN THE PRESENCE OF: Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone M TR 12665 Exhibit 1 City of Tamarac Purchasing & Contracts Division ACKNOWLEDGMENT FORM PAYMENT BOND State of County of On this the day of 20 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) ,a (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: CERTIFICATE AS TO PRINCIPAL , of (Title) (State of Corporation) NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) (Name of Corporation) TR 12665 Exhibit 1 of Tamarac ATTACHMENT "J" FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we and & Contracts Division f , as Principal, hereinafter called CONTRACTOR, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars, ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the day of 20 , with OWNER for which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: Fully performs the Contract between the CONTRACTOR and the OWNER dated 20_, for the within calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all Ic limited to, damages for delay and arising out of the acts, omissions costs and attorney's fees and costs, proceedings, that OWNER sustains the Contract; and sses, damages (specifically including, but not other consequential damages caused by or )r negligence of CONTRACTOR), expenses, including attorney's fees incurred in appellate because of default by CONTRACTOR under 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1 Complete the Contract in accordance with its terms and conditions; or 56 TR 12665 Exhibit 1 City of Tamarac Purchasing & Contracts Division 4.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under THis BOND. Signed and sealed this day of , 20 WITNESSES Secretary Principal By (AFFIX SEAL) Signature and Title Type Name and Title signed above WITNESSES Su rety Secretary By (AFFIX SEAL) Signature and Title Type Name and Title signed above TR 12665 Exhibit I City of Tamarac Purchasing & Contracts Division IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone 58 TR 12665 Exhibit 1 City of Tamarac Purchasing & Contracts Division ACKNOWLEDGMENT FORM PERFORMANCE BOND State of County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) (Title) a (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: of NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath m TR 12665 Exhibit 1 City of Tamarac CERTIFICATE AS TO PRINCIPAL and Contracts Division 1, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) (Name of Corporation) TR 12665 Exhibit 1 of Tamarac DATE OF ISSUANCE OWNER: CITY OF TAMARAC 7525 NW 88`" Avenue Tamarac, FL 33321-2401 ATTACHMENT "K" CHANGE ORDER CHANGE ORDER NO. PROJECT NAME: and Contracts Division BID NO. PROJECT NO. CONTRACTOR P.O. NUMBER IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS: DESCRIPTION: PURPOSE OF CHANGE ORDER: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time Previous Change Order No. to No. Net change from previous change orders Contract Price prior to this Change Order Contract Time prior to this Change Order Net (Increase) of this Change Order Net (Increase) of this Change Order Contract Price with all approved Change Orders Contract Time with all approved Change Orders RECOMMENDED BY BY Director Date Date APPROVED City Manager BY Date APPROVED Contractor M* TR 12665 Exhibit 1 SAMPLE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this day of by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and a corporation with principal offices located at (the "Contractor") to provide for City-wide Janitorial Services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Invitation for Bid Document No. 13-01 B, "City-wide Janitorial Services", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Invitation for Bid # 13-01 B, "City-wide Janitorial Services" as issued by the City, and the Contractor's Proposal, Invitation for Bid 13-01 B as issued by the City shall take precedence over the Contractor's Bid. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary as indicated in the bid package Bid NO. 13-01 B Citywide Janitorial Services. 2.1.2 Contractor shall furnish all labor, supplies, materials, equipment, tools, service and supervision necessary to properly perform and maintain each City facility in a neat, clean and orderly manner as per the specifications listed within the bid document. 2.1.3 Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. 2.1.4 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and TR 12665 Exhibit 1 of Tamarac NANNINNIN Purchasing and Contracts Division regulations in the operation of equipment and in the performance of the work. 2.1.5 Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.6 All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. 2.1.7 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.8 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.1. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. The City reserves its right to select its own defense counsel. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Purchase Order. 63 TR 12665 Exhibit 1 of Tamarac V Purchasing and Contracts Division 5) Contract Sum The Contract Sum for the above work is (Amount for which Agreement is made) ($) annually for the ten (10) city facilities listed within the bid form. 6) Payments 6.1 The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. Upon receipt of a properly executed invoice from the Contractor, the City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 6.2 All payments under this Agreement shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Agreement. 8) Warranty In the event that Contractor causes damages during the period, Contractor shall perform such steps required in Paragraph 2 of this Agreement to the affected areas of city facilities. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. 9) Indemnification 9.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 9.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 64 TR 12665 Exhibit 1 of Tamarac and Contracts Division i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnification including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 9.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor 65 TR 12665 Exhibit 1 City of Tamarac and Contracts Division and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 14) Termination 14.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon thirty (30) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 14.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such TR 12665 Exhibit 1 of Tamarac and Contracts Division neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 67 TR 12665 Exhibit 1 of Tamarac Purchasing and Contracts Division 21) Uncontrollable Circumstances Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. In the event that any City facility is closed due to uncontrollable forces as indicated in Section 21.a of this Agreement, the Contractor shall not bill the City for the cost of hourly employees who are not working, unless such employees have been tasked to complete maintenance at the facility in an effort to restore the facility to operational status. Remainder of Page Intentionally Blank TR 12665 Exhibit 1 City of Tamarac Nwmamm Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and. (Name of party with whom Agreement is made), signing by and through its --------- (President, Owner, C.E.O., etc.) duly authorized to execute same. ATTEST: Peter Richardson, CMR, CIVIC City Clerk Date ATTEST: Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Beth Talabisco, Mayor Date Michael C. Cernech, City Manager Date Approved as to form and legal sufficiency: City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared of a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of 20 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 70 TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division CITY OF TAMARAC Sample Citywide Janitorial Services Performance Report Card At the start of every business day, designees will observe their respective facilities and work areas noting the overall appearance of the facility interiors. Those observations will be reported in summary fashion on this form and submitted monthly to the Facilities Supervisor or designee. Critical issues requiring immediate attention will be reported to the Facilities Manager or designee upon discovery. Critical issues include, but are not limited to: inadequately filled dispensers, unsanitary drinking fountains, and visible dirt or dust in customer reception areas. Performance ratings are intended to assess the contractor's conformance to contract requirements, specifications, and standards of good workmanship. The rating scale to be used is as follows: Performance Criteria Rating Performance meets or exceeds requirements with few minor problems 5 — Exceptional for which corrective actions were highly effective Performance meets requirements with some minor problems for which 4 — Very Good corrective actions were highly effective Performance meets requirements with some minor problems for which 3 — Satisfactory corrective actions were satisfactory Performance does not meet some requirements with problems for which 2 — Marginal corrective actions appear only marginally effective or have not been fully implemented Performance does not meet most contractual requirements with 1 — problems for which corrective actions appear ineffective and/or have not Unsatisfactory been identified or implemented Performance Area: Customer Reception Areas Exceptional 4 Satisfactory 4 Unsatisfactory No visible dust and dirt in reception areas 5 4 3 2 1 No visible dirt, spots, or stains on floors, carpets, and 5 4 3 2 1 mats No visible handprints, fingerprints, or smudges on 5 4 3 2 1 windows Performance Area: Clean and Service Restrooms Exceptional 4 Satisfactory 7.4 Unsatisfactory 71 TR 12665 Exhibit 1 L;rry or T amarac Purchasing and Contracts Division Dispensers filled and serviced daily 5 4 3 2 1 No visible dirt, spots, or stains on floors, carpets, and 5 4 3 2 1 mats Bathroom and shower fixtures cleaned and sanitized 5 4 3 2 1 daily Performance Area: Trash and Recycling Exceptional 4 Satisfactory --> Unsatisfactory Trash and recycling receptacles emptied daily 5 4 3 2 1 Trash can liners replaced daily 5 4 3 2 1 Trash and recyclables separated and disposed of properly 5 4 3 2 1 Performance Area: Administrative and Office Areas Exceptional 4 Satisfactory � Unsatisfactory No visible dirt, spots, or stains on floors, carpets, and 5 4 3 2 1 mats No visible dust and dirt in stairwells and hallways 5 4 3 2 1 No visible handprints, fingerprints, or smudges on 5 4 3 2 1 windows No visible dust and dirt in lunch rooms, break rooms, and other staff areas 5 4 3 2 1 M TR 12665 Exhibit 1 CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 "Committed to Excellence... Always" ADDENDUM NO.1 INVITATION FOR BID 13-01 B CITYWIDE JANITORIAL SERVICES DATE OF ADDENDUM: OCTOBER 2, 2012 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for INVITATION FOR BID 13-01B, CITYWIDE JANITORIAL SERVICES Please find attached, copies of invoices for three (3) months of service from the current contract. Financial information about the vendor has been redacted. All other terms, conditions and specifications remain unchanged for IFB 13-01B. Please acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging it in your proposal. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager COMPANY: Attachments NAME: 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tamorac.org Equal Opportunity Employer I P.O. Number Terms Net 30 Quantity it, Code Service Service Service Service Service Service Service Service Service Service Rep Ship via 7/30/2012 Description Janitorial Service Provide. d as per Bid 09-OIB P For Period 10/1/11 through 10/31/12 Extended July 2012 City Hall - 7525 NW 88th Ave Public Works - 6011 Nob Hill Rd Parks Admin Bldg, 6001 Nob Hill Rd Water Treatment Plant, 7803 NW 61st St Fire Station # 15, 6000 Hiatus Rd Utility / IT Building - State Street & Nob Hill Multi -Purpose Center - 7531 N University Drive Caporella Aquatic Center, 9300 NW 58th St Community Center - 8601 W Commercial Blvd Recreation Center F.O.B. TR 12665 Exhibit 1 Invoice Date Invoice # 7/30/2012 Price Each Total 3,700,00 1,800.00 1,550.00 890.00 1,100.00 2,300.00 1,800.00 1,400.00 3,200.00 1,850.00 Project Amount 3,700.00 1,800.00 1,550.00 890.00 1,100.00 2,300.00 1,800.00 1400.00 3:200.00 1,850.00 $19,590.00 �i Bill To City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 Ship To City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 TR 12665 Exhibit 1 Invoice Date Invoic # 7/30/2012 P.O. Number Terms Rep Ship Via F.O.B. Project goo Net 30 7/30/2012 Quantity Item Code Description Price Each Amount "Green Fee" - use of Environmentally Sensitve Products as per Bid 09-01B P July 2012 y Service City Hall - 7525 NW 88th Ave 200.00 200.00 Service Public Works - 6011 Nob Hill Rd 75.00 75.00 Service Parks Admin Bldg, 6001 Nob Hill Rd 47.00 47.00 Service Water Treatment Plant, 7803 NW 61st St 20.00 20.00 Service Fire Station # 15, 6000 Hiatus Rd 25.00 25.00 Service Utility / IT Building - State Street & Nob Hill 85.00 85.00 Service Multi -Purpose Center - 7531 N University Drive 70.00 70.00 Service Caporella Aquatic Center, 9300 NW 58th St 31.00 31.00 Service Community Center - 8601 W Commercial Blvd 126.00 126.00 R FTOtal $679.00 TR 12665 Exhibit 1 Invoice Date Invoice # 6/25/2012 �*W Ship To City of Tamarac 7525 NW 88th Ave Tamarac, FL 3332I P.O. Number Terms Rep Ship Via F.O.B. Project mow Net 30 6/25/2012 Quantity Item Code Description Price Each Amount Service Service Service Service Service Service Service Service Service Service Janitorial Service Provided as er Bid 09-01B PO For Period I0/l/l I through 10/31/12 Extended June 2012 City Hall - 7525 NW 88th Ave Public Works - 6011 Nob Hill Rd Parks Admin Bldg, 6001 Nob Hill Rd Water Treatment Plant, 7803 NW 61 st St Fire Station # 15, 6000 Hiatus Rd Utility / IT Building - State Street & Nob Hill Multi -Purpose Center - 7531 N University Drive Caporella Aquatic Center, 9300 NW 58th St Community Center - 8601 W Commercial Blvd Recreation Center 3,700.00 3,700.00 1,800.00 1,800.00 1,550.00 1,550,00 890.00 890.00 1,100.00 1,100.00 2,300.00 2,300.00 1,800.00 1,800.00 1,400.00 1,400.00 3,200.00 3,200.00 1,850.00 1,850.00 Have a safe and happy 4th of July! Total $19,590.00 TR 12665 Exhibit 1 Invoice Bill To City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 Ship To City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 Date Invoice # 6/25/2012101 P.O. Number Terms Rep Ship Via F.O.B. Project flaw Net 30 6/25/2012 Quantity Item Code Description Price Each Amount "Green Fee" - use of Environmentally Sensitive Products as per Bid 09-01 B P June 12 w Service City Hall - 7525 NW 88th Ave 200.00 200.00 Service Public Works - 6011 Nob Hill Rd 75.00 75.00 Service Parks Admin Blvd, 6001 Nob Hill Rd 47.00 47.00 Service Water Treatment Plant, 7803 NW 61 st St 20.00 20.00 Service Fire Station # 15, 6000 Hiatus Rd 25.00 25.00 Service Utility / 1T Building - State Street & Nob Hill 85.00 85.00 Service Multi -Purpose Center - 7531 MN University Drive 70.00 70.00 Service Cappella Aquatic Center, 9300 NW 58th St 31.00 31.00 Service Community Center - 8601 NW Commercial Blvd 126.00 126.00 -lave a safe and happy 4th of July! FTOtal $679.00 TR 12665 Exhibit 1 Invoice t Date Invoice # 4/30/2012 �0�] P.O. Number Terms Rep Ship Via F.O.B. Project Net 30 4130/2012 Quantity Item Code Description Price Each Amount Service Service Service Service Service Service Service Service Service Service Janitorial Service Provided as per Bid 09-01 B P For Period IOII/I I through 10/31/12 Extended April 2012 City Hall - 7525 NW 88th Ave Public Works - 6011 Nob Hill Rd Parks Admin Bldg, 6001 Nob Hill Rd Water Treatment Plant, 7803 NW 61st St Fire Station # 15, 6000 Hiatus Rd Utility / IT Building - State Street & Nob Hill Multi -Purpose Center - 7531 N University Drive Caporella Aquatic Center, 9300 NW 58th St Community Center - 8601 W Commercial Blvd Recreation Center 3,700.00 3,700.00 1,800.00 1,800.00 I,550.00 1,550.00 890.00 890.00 1,100.00 1,100.00 2,300.00 2,300.00 1,800.00 1,800.00 1,400.00 1,400.00 3,200.00 3,200.00 1,850.00 1,850.00 Total $19, 590.00 TR 12665 Exhibit 1 I Bill To City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 Ship To City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 Invoice Date Invoice # 4/30/2012 now P.O. Number Terms Rep Ship Via F.O.B. Project do" Net 30 4/30/2012 Quantity Item Code Description Price Each Amount "Green Fee" - use of Environmentally Sensitive Products as per Bid 09-01B POININN► April 2012 Service City Hall - 7525 NW 88th Ave 200.00 200.00 Service Public Works - 6GJ 1 Nob Hill Rd 75.00 75.00 Service Parks Admin Bldg, 6001 Nob Hill Rd 47.00 47.00 Service Water Treatment Plant, 7803 NW 61st St 20.00 20.00 Service Fire Station # 15, 6000 Hiatus Rd 25.00 25.00 Service Utility / IT Building - State Street & Nob Hill 85.00 85.00 Service Multi -Purpose Center - 7531 N University Drive 70.00 70.00 Service Caporella Aquatic Center, 9300 NW 58th St 31.00 31.00 Service Community Center - 8601 W Commercial Blvd 126.00 126.00 Total $679.00 TR 12665 Exhibit 1 CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 "Committed to Excellence... Always" ADDENDUM NO. 2 BID NO. 13-01 B CITYWIDE JANITORIAL SERVICES DATE OF ADDENDUM: October 24, 2012 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No. 13-01 B, Citywide Janitorial Services. A. The following firms were in attendance at the Mandatory Pre -Bid Conference held on October 23, 2012. Accordingly, only the firms listed below are now eligible to bid on this project; however no representation of the responsibility of any firm listed herein shall be construed as a result of attendance at the pre -bid conference: - American Facility Services - Cleaning Services Inc. - Dossman Cleaning Services, Inc. - DRA Building Services - EMC Office Supplies, Inc. - First Choice Bldg. Maintenance - JMY Maintenance - K & D Service Group - MCS Professional - Marshland Services - OR-L Facility Services - Professional Building Services - Stockton Maintenance Corp. - Sunshine Cleaning - Triangle Services, Inc. - USSI B. The Following Clarifications were requested during the Pre -Bid Conference: 1. Q. Page 27 & Page 30 — Does Fire Station # 15 require cleaning 5 days a week or 7 days per week. A. The successful contractor will only be responsible for cleaning the entire 2nd floor, as well the 2nd and 1"` floor lobbies. Fire personnel clean all other areas of the 1St floor. Accordingly, cleaning services will only be required 5 days a week for this facility, from Monday to Friday. 2. Q. What is the window count of each building? A. Bidders must view buildings in order to make a determination of the number and square footage of windows. Should a bidder wish to re -visit a facility, please contact Mr. Kenneth Bowe, Building Maintenance Supervisor, at (954) 597-3729 between the hours of 9:00 a.m. and 3:00 p.m., Monday -- Friday to make arrangements to view a facility. 3. Q. Can you provide the floor plans? A. Attachment 2 to this addendum provides the floor plans, plus the square footage and daily foot traffic information for each facility. 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.famarac.org Equal Opportunity Employer TR 12665 Exhibit 1 CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 "Committed to Excellence... Always" 4. Q. Are there any special instructions for cleaning the gym floor in the MPC facility? A. The floor is designed to be cleaned by dry or wet mopping. C. Any request for additional clarification must be received in WRITING by the Purchasing & Contracts Division by no later than 5:00 p.m, on October 30, 2012. D. A map showing the locations of all facilities is included herein as Attachment 1. All other terms, conditions and specifications remain unchanged for Bid No. 13-01 B. Please acknowledge receipt of this Addendum No. 2, by returning it and/or acknowledging it in your bid. Received & Acknowledged: Company Name Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tamarac.org Equal Opportunity Employer TR 12665 Exhibit 1 City of Tamarac ATTACHMENT 1 Ow Facilities Auto Created Map and Contracts Division Mum Map Locations Caporelta Aquabc Certter Tarmaw Fire station is K� Multi-�se Center "N Parks Administration pq t" a Public Works SWg h- -d Recreation centet 310 O's --a Tamarac Commun4 Center Tamarac City Hail Licson 'ices complex v Utilities / IT Building • Public wodm i Buildingi d Ad Water Treatment Kant ParksAdmuustquitm Utilities I IT Fir# Sultion 15 74porvlta Aquatic Caw TR 12665 Exhibit 1 City of Tamarac Purchasing and Contracts Division ATTACHMENT 2 CITY OF TAMARAC CITY BUILDINGS FACILITY SQ FEET NUMBER OF EMPLOYEES* VISITORS PER DAY ESTIMATED CITY HALL 47,924 75 100 PUBLIC WORKS / BUILDING 18,000 50 20 PARKS ADMINISTRATION 11,235 25 0 WATER TREATMENT PLANT 4,760 10 0 TAMARAC COMMUNITY CENTER 30,000 20 600 RECREATION BUILDING 12,828 5 400 MULTI -PURPOSE CENTER 16,794 0 300 FIRE STATION #15 (Lobby & 2nd Floor) 6,059 20 5 UTILITIES / IT BUILDING 20,000 34 0 CAPORELLA AQUATIC CENTER 7,396 5 300 • Number of Employees is an estimate of the number of individuals assigned to a permanent work space in each building, and does not include field employees. • Visitors per Day is the estimated average number of daily non -employee visitors to each building. Special events and public meetings may result in a higher number of visitors. No Text No Text z w Y M ,,w Rq 3 3 fi ASryfA3$ Z) 0 J Z J Q- J 'a- J O Q J L— C) z C-) L.j V) h z w If ll I a M- N 00 Rw �I I flu"m No Text No Text vauao-j=j 'ovdvM.L 'QVOU i*i 8ON s I I I JNICiline S331AH3S ovdvWvl d0 "3 1N3WdOl3A3a :X3ldWO3 S301AI13S onand 8dwoo uogonilsuoo JajjrYV NOSNV" TED!-: + m 3a� coo —3=3 L ' 0----- — —I —JI %—� I © ® J ' ilia 41k� e Q € IN HOOMoa 'X3% ®� �a c 5 Y @B $ 4A wo � G V Ip ��6YaY l00 aA Lmasoaa_1— --- - -_--0 •etwaoip mmwt•+q>�ww���owmao�.��mwc+�om�c�w mbtrreu4td'[oczs'aro�++a+s 5saws's trst'�t wm�os�nu�^^��io+�� �py.-y.dmiogeyxm Yu5w5Pb'�F9�Pw*r'oi�!emoavaavw��+w'Nwvom!�®.� =aL wAsw er,Y:wwHl�.an P"P!�!•mrv�+w+l /LPN wv��+�roWt HIS k 4 2 k § s g ak a og r` w # s �. o g x x u� £' ti t oe as s n�sr og8 � c_ 2 �$ g 8 $� $F o a g Rn Fez; a g �I�Ii �1�3{ � pg� u a �8a JL 1i�H VO4 b� g g 9 Y►a k4 bx El 6 d V ®o ® ®� © � ���� � � cgs $gm O O O O OWW2=°off x boa �g F RHO ems$ — ® _ r sa it - I�--� - —— -• p 3� ° a❑ u / �❑8- 1 E°� � II i wo❑� - I � II II vl- I 1 ' II la �--------Y 8 II I O I \ I I I I Q I I ,PI, V e Z Qa wo goo m w 000 �JOJ 2E° m Q ,VA Z �S �M Q W ; W J k LL 0 U z R�n ¢ �a dog m� w ao °ow 7 7m07 o s '. 3%E ma o e,ax Im No Text ! ) YIN w : ) it � \ / ! /❑.{ 3\ )� F-I 4 El \ � \ / ƒ (� 1-01 ¥� cv 0 [inn" TR 12665 Exhibit 1 CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 "Committed to Excellence... Always" ADDENDUM NO.3 INVITATION FOR BID 13-01 B CITYWIDE JANITORIAL SERVICES DATE OF ADDENDUM: OCTOBER 25, 2012 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for INVITATION FOR BID 13-01 B, CITYWIDE JANITORIAL SERVICES. A. Please note the responses to the following Questions: Q. Is it possible to obtain the number of square feet of carpet, VCT, and rubber flooring? A. Bidders must view buildings in order to make a determination of the number and square footage of carpet, vinyl floor tile, rubber flooring or other flooring surfaces installed at City facilities. Should a bidder wish to re- visit a facility, please contact Mr. Kenneth Bowe, Building Maintenance Supervisor, at (954) 597-3729 between the hours of 9:00 a.m. and 3:00 p.m., Monday -- Friday to make arrangements to view a facility. Q. Should the cost of environmentally friendly products be included in the monthly price for each facility, or should the cost be separate, as shown on the invoice example in Addendum 1? A. The use of environmentally friendly products is a requirement of the specifications for this bid. Prior to this bid, the use of such products was optional, but that is not the case for the upcoming bid. Accordingly, your costs for environmentally friendly products must be included as part of your monthly pricing for each facility. B. Please correct the name of a vendor listed in Section A of Addendum #2. The firm "MCJ Professional" was erroneously listed as "MCS Professional'. All other terms, conditions and specifications remain unchanged for IFB 13-01 B. Please acknowledge receipt of this Addendum No. 3, by returning it and/or acknowledging it in your proposal. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager COMPANY: NAME: 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.famarac.org Equal Opportunity Employer TR 12665 Exhibit 1 CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 "Committed to Excellence... Always" ADDENDUM NO.4 INVITATION FOR BID 13-01 B CITYWIDE JANITORIAL SERVICES DATE OF ADDENDUM: OCTOBER 30, 2012 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for INVITATION FOR BID 13-01B, CITYWIDE JANITORIAL SERVICES. A. Please note the responses to the following Questions: 1. Q. The City has requested Day porter Services; For How many buildings and how many day porters? A. The bid is requesting an hourly rate for day porter services. This optional service is not per building nor is it for a specific number of individuals, just an hourly rate. 2. Q. Some buildings require 7 days a week services; will the required cleaning be performed during night time or day time & do these building require day porter service as well? A. Day porter service is an optional service, and does NOT affect nor is it affected by any required cleaning services included in the bid. Proposals/submittals should NOT be adjusted to account for or accommodate the optional day porter service. All required cleaning must be accomplished without day porter services, therefore no buildings "require" day porter service. 3. Q. How many general cleaners does the current contractor have working at all the properties? A. The City has issued 18 badges for the current contractor's employees. However, the City does not monitor the number of employees used on a given day at a given building; nor does the City establish a minimum or maximum number of employees to be utilized. Per the Bid, it is the Contractors responsibility to determine the optimum number of employees to complete the required tasks. 4. Q. The Contractor's Qualification Form notes that the city reserves the right to request financial statements and that if the financial statements are requested then the bidder must provide the documentation detailed on the form in item 18 on page 45. Please advise how to answer questions 19, 20 & 21 given that the financial statements are not required at this time. A. These questions may be answered as "Not Applicable"; but MUST be answered if we request Financial Statements at a later date. B. Please note a change to the required number of days from the original schedule for the Recreation Center, the MPC/Gym and the Tamarac Community Center, where we will now only require cleaning six (6) days a week from Monday to Saturday A list 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 IN (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tamarac.org Equal Opportunity Employer TR 12665 Exhibit 1 of all facilities is shown below, with the number of days the facility will require cleaning: Clean Seven Days • Aquatic Center Clean Six Days • Rec. Center • MPC/GYM • Tamarac Community Center Clean Five Days • City Hall • Public Services / Building • Parks and Rec. Admin building • Utilities • Fire Station 15 upstairs and stair case areas • Water Treatment Plant C. Please correct the name of two vendors listed in Section A of Addendum #2. The firm "D & A Building Services" was erroneously listed as "DRA Building". The firm "Cleaning Systems Inc." was erroneously listed as "Cleaning Services Inc." All other terms, conditions and specifications remain unchanged for IFB 13-01B. Please acknowledge receipt of this Addendum No. 4, by returning it and/or acknowledging it in your proposal. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager COMPANY: NAME: TR 12665 Exhibit 2 of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND UNITED STATES SERVICE INDUSTRIES, INC. (USSI) no THIS AGREEMENT is made and entered into this day of by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and United States Service Industries, Inc., Hereinafter referred to as (USSI), a Delaware corporation duly regist6red as a Florida Foreign Profit Corporation with principal offices located at 4330 East-West Highway, Suite 200, Bethesda, Maryland 20814 (the "Contractor") to provide for City-wide Janitorial Services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents -The contract documents consist of this Agreement, including Attachment A, "Pricing"; Invitation for Bid Document No. 13-01 B, "City-wide Janitorial Services", including all conditions therein; (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings; Technical Specifications; all addenda; the Contractor's bid/proposal included herein; and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Invitation for Bid # 13-01 B, "City- wide Janitorial Services" as issued by the City, and the Contractor's Proposal, Invitation for Bid 13-01 B as issued by the City shall take precedence over the Contractor's Bid. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall f imish all labor, materials, supplies and equipment necessary as indicated in the bid package Bid NO. 13-01B Citywide Janitorial Services. 2.1.2 Contractor shall furnish all labor, supplies, materials, supplies, equipment, tools, service and supervision necessary to properly perform and maintain each City facility in a neat, clean and orderly manner as per the specifications listed within the bid document. 2.1.3 Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. 2.1.4 Contractor shall supervise the work force to ensure that all workers TR 12665 Exhibit 2 of Tamarac and Contracts Division conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. 2.1.5 Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.6 All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. 2.1.7 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.8 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Performance Based Contracting 3.1 The City of Tamarac desires to enter into a partnering agreement with the successful contractor, which will provide mutual benefits for both the City and the Contractor. Under a Performance Based Contract, the Contractor's satisfactory performance will result in the City's exclusive use of the Contractor for the full term of the Agreement, while unsatisfactory performance may result in the loss of the Contractor's rights to exclusivity upon passage of the guaranteed period of contract exclusivity. 3.2 The City of Tamarac guarantees that as long as the Contractor has not breached this Agreement, the Contractor shall be guaranteed an exclusive business relationship with the City for a minimum period of six (6) months. 3.3 Upon passage of the guaranteed contract period, this Agreement shall continue to remain in force, however future exclusivity under the Agreement shall be contingent on the successful performance of the Contractor in accordance with the specifications contained herein. The City shall continue to utilize the Contractor exclusively, for the needs enumerated herein, if it is determined that the Contractor is providing satisfactory performance under the Agreement. Satisfactory performance shall be defined as follows: TR 12665 Exhibit 2 of Tamarac Purchasing and Contracts Division 3.4 Successful adherence to the requirements of this Agreement and successful completion of all tasks required under the specifications in a manner which is acceptable to the City. 3.6 The Contractor shall provide a level of service which shall lead to optimal agency satisfaction. Complaints, including but not limited to poor service, unacceptable follow-up, disputes relating to invoice processing, etc. shall constitute unsatisfactory performance. More than five (5) complaints, reviewed and solely determined by the City to be legitimate, per month will prompt a review of the Contractor's performance, and may result in cancellation of the exclusivity provision contained herein. 3.6 City is sole judge of non-performance. Failure of Contractor to comply with conditions, terms, specifications, and requirement of bid is just cause for termination of the Contract as enumerated in the Technical Specifications, Section 4 of the Agreement, "Contract Period" contained herein. 3.7 Routine Inspections: The City shall perform routine inspections of City facilities for compliance with this Contract. Deficiencies will be reported to the Contractor for correction. 4) Contract Performance 4.1 The City, in cooperation with the successful Contractor, shall develop a "Contract Report Card", which will be utilized by agency personnel in the evaluation of the Contractor's performance as provided in Section 4.2 of this Agreement. In the event that the Contractor does not receive a passing evaluation, the Contractor will be provided with an opportunity to correct any deficiencies within two (2) weeks after being notified of such deficiencies. Failure to correct such deficiencies may result in the Contractor's loss of its exclusive right to do business with the City. 4.2 Contract Report Card: The City shall formally evaluate Contractor on an ongoing basis during the term of the Agreement. The City shall request City employees to serve on an evaluation panel during the contract term. Each employee will evaluate the Contractor using a "Contract Report Card" evaluation document, which will survey the Contractor's level of service. Evaluation criteria for the "Contract Report Card" will be developed by the City, with input from the Contractor. The City will periodically meet with the Contractor to discuss the results of the "Contract Report Card" evaluation for that period. The Contract Report Card is included Attachment B to this Agreement. 5) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other TR 12665 Exhibit 2 of Tamarac wffi NNOW Purchasing and Contracts Division insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 5.1 Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. The City reserves its right to select its own defense counsel. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 6) Contract Term 6.1 The contract period shall be effective January 1, 2013 through June 30, 2015, for a period of two and one-half (2.5) years based upon successful performance by the Contractor. The Contractor, however, shall initially contract exclusively with the City for a guaranteed period of six (6) months. The Contractor shall be evaluated by City personnel during this time period. During the initial six (6) month period, the contactor shall enjoy an exclusive contract relationship with the City. Upon completion of the initial six (6) month period, however, unsatisfactory performance by the Contractor shall result in the loss of exclusivity. Satisfactory performance will result in the Contractor maintaining its exclusive right to perform the requirements of this Agreement for additional six (6) month terms until the completion of the full two and one-half (2.5) year term. 6.2 Upon completion of the first full two and one-half (2.5) year period, the City reserves the right to renew the Contract for two (2) additional two (2) year periods based on the successful Bidder agreeing to the same terms and conditions and by giving written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the Contract amount. Contract renewal will be based on satisfactory performance, mutual acceptance, and determination that the Contract is in the best interest of the City. The ongoing performance evaluation process will continue during any renewal periods for the life of the Agreement. 7) Contract Pricing The Contract Pricing for the above work for each facility and special event service shall be in accordance with the pricing contained in Attachment A "Pricing" herein. TR 12665 Exhibit 2 of Tamarac 8) Payments and Contracts Division 8.1 The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. Upon receipt of a properly executed invoice from the Contractor, the City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 8.2 All payments under this Agreement shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 9) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Agreement. 10) Warranty In the event that Contractor causes damages during the period, Contractor shall perform such steps required in Paragraph 2 of this Agreement to the affected areas of city facilities. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. 11) Indemnification 11.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 11.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnification including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. TR 12665 Exhibit 2 of Tamarac Purchasing and Contracts Division ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 11.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 12) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 13) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. TR 12665 Exhibit 2 of Tamarac W Purchasing and Contracts Division 14) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 15) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR United States Service Industries, Inc. 4330 East-West Highway Suite 200 Bethesda, MD 20814 Attn: Skip Spurgeon, Vice President of Florida Divisions 16) Termination 16.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon thirty (30) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 16.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 17) Agreement Subject to Funding TR 12665 Exhibit 2 of Tamarac Purchasing and Contracts Division This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 18) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 19) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 20) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 21) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 22) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 23) Uncontrollable Circumstances Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. TR 12665 Exhibit 2 of Tamarac UMMMAkwPurchasing and Contracts Division Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. In the event that any City facility is closed due to uncontrollable forces as indicated in Section 21.a of this Agreement, the Contractor shall not bill the City for the cost of hourly employees who are not working, unless such employees have been tasked to complete maintenance at the facility in an effort to restore the facility to operational status. Remainder of Page Intentionally Blank TR 12665 Exhibit 2 of Tamarac and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and. United States Service Industries, Inc., signing by and through its Vice President of Florida Divisions, duly authorized to execute same. A M,q,q ' E S :Cr_ I) SEAV O\ ATTEST: �.►►COUVIN ``• Patricia A. Teufel, CMC Interim City //Clerk Date ATTEST: i at of Corporate Secretary Joel Felrice Type/Print Name of Corporate Secy. (CORPORATE SEAL) Beth Tala isco, Mayor Cemech, City Manager Date Approved as to form and legal sufficiency: C4At ney a �;4-b— Date United States Service Industries, Inc. Company Name Sign re of ice Pr dent Skip Spurgeon Vice President of Florida Divisions _//_9-zO1-Z Date R TR 12665 Exhibit 2 City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF 6 � :SS COUNTY OFF HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Skip Spurgeon, Vice President of the Florida Divisions of United States Service Industries, Inc., a Delaware Corporation duly registered as a Florida Foreign For Profit Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of e ✓ , 20J-Z.- HEATHER L. CASAVANT Ignature of Pub Ic MY COMMISSION # EE020330 Stat of Florida at Large 7) 39„ � 16 EXPIRES September 14, 2014 ��L ^—� (d0�) 39641a3 FbrkeNote rvlc9.can 1 rint, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or ❑ ID NOT take an oath. TR 12665 Exhibit 2 City of Tamarac Purchasing and Contracts Division ATTACHMENT A PRICING Monthly Pricing by Facility City Facility Name and Location Monthly Cost Annual Cost City Hall 7525 NW 88th Avenue, Tamarac $ 3,872.00 $ 46,464.00 Public Works Department 6011 Nob Hill Road, Tamarac $ 1,760.00 $ 21,120.00 Parks Administration Building 6001 Nob Hill Road, Tamarac $ 1,408.00 $16,896.00 Water Treatment Plant 7803 NW 61 st Street, Tamarac $ 704.00_ $ 8,448.00 Fire Station #15 6000 Hiatus Road, Tamarac $ 750.00 $ 9,000.00 Utility / IT Building State Street & Nob Hill Road $ 1,760.00 $ 21,200.00 Recreational Center, 7501 North University Drive, Tamarac $ 1,560.00 $ 18,720.00 Multi Purpose Center. 7531 North University Drive, Tamarac $ 1,664.00 $ 19,968.00 Caporella Aquatic Center 9300 NW 58th Street, Tamarac $ 1,200.00 $ 14,400.00 Community Center 8601 W. Commercial Blvd., Tamarac $ 2,496.00 $ 29,952.00 TOTAL COST FOR ALL ABOVE LISTED FACILITIES AND CLEANING SERVICE [PLEASE NOTE PAYMENTS WILL BE MADE BY FACILITY ON A MONTHLY BASIS] $ 17,174.00 1 $ 206,088.00 TR 12665 Exhibit 2 City of Tamarac Purchasing and Contracts Division Special Event Pricing Special Events Cleaning / Day Porter Services Amount Per Sq Ft / Per Hour Spray buff of resilient floors $ 0.11 Per Sq Ft Floor stripping, waxing and sealing $ 0.24 Per Sq Ft Carpet shampooing (bonnet method) $ 0.05 Per Sq Ft Carpet shampooing (extraction method) $0.09 Per Sq Ft Furniture polishing $ 14.75 Per Hour Upholstery shampooing $ 14.75 Per Hour Glass cleaning $ 14.75 Per Hour Pressure cleaning $ 14.75 Per Hour Day Porter Service (Monday — Friday) $ 14.75 Per Hour Day Porter Service (Saturday — Sunday) $ 22.00 Per Hour TR 12665 Exhibit 2 of Tnm nr CITY OF TAMARAC Citywide Janitorial Services Performance Report Card and Contracts Division At the start of every business day, designees will observe their respective facilities and work areas noting the overall appearance of the facility interiors. Those observations will be reported in summary fashion on this form and submitted monthly to the Facilities Supervisor or designee. Critical issues requiring immediate attention will be reported to the Facilities Manager or designee upon discovery. Critical issues include, but are not limited to: inadequately filled dispensers, unsanitary drinking fountains, and visible dirt or dust in customer reception areas. Performance ratings are intended to assess the contractor's conformance to contract requirements, specifications, and standards of good workmanship. The rating scale to be used is as follows: Performance Criteria Rating Performance meets or exceeds requirements with few minor problems 5 —Exceptional for which corrective actions were highly effective Performance meets requirements with some minor problems for which 4 — Very Good corrective actions were highly effective Performance meets requirements with some minor problems for which 3 — Satisfactory corrective actions were satisfactory Performance does not meet some requirements with problems for which 2 — Marginal corrective actions appear only marginally effective or have not been fully ----implemented Performance does not meet most contractual requirements with 1 — problems for which corrective actions appear ineffective and/or have not Unsatisfactory been identified or implemented Performance Area: Customer Reception Areas Exceptional 4 Satisfactory 4 Unsatisfactory No visible dust and dirt in reception areas 5 4 3 2 1 No visible dirt, spots, or stains on floors, carpets, and 5 4 3 2 1 mats No visible handprints, fingerprints, or smudges on 5 4 3 2 1 windows TR 12665 Exhibit 2 City of Tamarac formance Area: Clean and Service Restrooms ruicnasmg ana contracts vIvlsion Exceptional � Satisfactory is ensers filled and serviced daily5 F -� Unsatisfactory 4 o visible dirt, spots, or stains on floors, carpets, and 3 2 1 ats 5 4 3 2 1 Bathroom and shower fixtures cleaned and sanitized daily 5 4 3 2 1 Performance Area: Trash and Recycling Exceptional -> Satisfactory 4 Unsatisfactory Trash and recycling receptacles em tied daily 5 4 3 2 1 Trash can liners replaced daily 5 4 3 2 1 Trash and recyclables separated and disposed of properly 5 4 3 2 1 Performance Area: Administrative and Office Areas Exceptional � Satisfactory 4 Unsatisfactory No visible dirt, spots, or stains on floors, carpets, and mats 5 4 3 2 1 No visible dust and dirt in stairwells and hallways 5 4 3 2 1 No visible handprints, fingerprints, or smudges on windows 5 4 3 2 1 No visible dust and dirt in lunch rooms, break rooms, and other staff areas 5 4 3 2 1 W TR 12665 Exhibit 3 PURCHASING AND CONTRACTS DIVISION Mr. Danna Hewick June 29, 2015 Vice President United States Service Industries, Inc.. 4330 East-West Highway, Suite 200 Bethesda, Maryland 20814 RE: Agreement Renewal Bid 13-01 B Citywide Janitorial Services Dear Mr. Hewick: The City's Agreement with your company to provide Janitorial Services will expire as of June 30, 2015. The original agreement provides for two (2) additional two (2) year renewal options. The City currently wishes to exercise our option for the first renewal option for the subject contract. Since the current Agreement calls for pricing to be firm through September 30, 2015, we wish to extend the current Agreement through September 30th, and begin the new two (2) year term on October 1, 2015, which will allow us to synchronize the pricing with the term of the Agreement. Accordingly, we would ask that you please print and fully execute two (2) originals of the Agreement Amendment attached hereto. Please ensure that the Amendment is attested by your company's Corporate Secretary, and sealed with your corporate seal. Return the two (2) original documents to the Purchasing & Contracts Division no later than July 10, 2015. Additionally, we would ask that you extend the existing contract term through September 30, 2015, by signing and returning this letter in the area provided below, and returning it to my attention at keith.glatz jtamarac.ora. Upon execution by the City, an original will be returned to you for your records. If you have any questions, do not hesitate to contact me. Sincerely, Keith K. Glatz, CPPO Purchasing and Contracts Manager I (Please sign and return to Mr. Keith Glatz at keith.alatzO-tamarac.or4.) USSI agrees to extend the current term of its Agreement with the City of Tamarac for the period July 1, 2015 through September 30, 2015 at the same terms, conditions and pricing as the original Agreement term. I agree to extend the original term of the Agreement I do dagree to extend the original term of the Agreement Signature • "�► Date "eAw d to Srz ...^1'a,W' 7525 N.W. 88th Avenue I Tamarac, Florida 3332124011 R 954.597.35T0 I F: 954.597.3565 EQUAL OPPORNNRY EMPLOYER TR 12665 Exhibit 3 City of Tamarac Purchasing and Contracts Division AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND UNITED STATES SERVICE INDUSTRIES, INC. (USSI) The CITY OF TAMARAC (City) and United States Service Industries, Inc., Hereinafter referred to as (USSI), a Delaware corporation duly registered as a Florida Foreign Profit Corporation with principal offices located at 4330 East-West Highway, Suite 200, Bethesda, Maryland 20814 (the "Contractor"), agree to amend the original Agreement for Citywide Janitorial Services as follows: 1. Pursuant to the terms of Section 6 Contract Term, Paragraph 6.2 of the original Agreement dated November 28, 2012, the City and United States Service Industries, Inc. (USSI) agree to exercise the first renewal option forthe period effective July 1, 2015 through September 30, 2017. 2. Please amend Attachment A of the Agreement, in accordance with the requirements of Section 13 "Contract Price" contained within Invitation for Bid Document 13-01 B as incorporated into the original Contract Agreement as shown on the attached revised Attachment A. 3. Other provisions of the original agreement remain in effect as written. Remainder of Page Intentionally Blank TR WgZ66SgAibit 3 of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, and United States Service Industries, Inc. (USSI) signing by and through its Vice President, duly authorized to execute same. ATTEST: Patricia A. Teufel, CMC City Clerk Date ATTEST: —4 - (Region I Manager) S-rEPN-.t uz� PJ e S 1-ee ":�o Type/Print Name of Regional Manager (CORPORATE SEAL) CITY OF TAMARAC Harry Dressler, Mayor Date Michael C. Cernech, City Manager Date Approved as to form and legal sufficiency: Samuel S. Goren, City Attorney Date United States Service Industries, Inc. (USSI) Company Name gnature of Region I Manager Danna Hewick Vice President Dat 2 TR 12665 Exhibit 3 City of Tamarac Purchasing and Contracts Division . . . . ....... ------ CORPORATE ACKNOWLEDGEMENT STATE OF :SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared -skip - Spit jeom, Vice President of United States Service Industries, Inc., a Florida Foreign Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 1 40-- day of�* 20/5 otary Public Tr State of71�.,� at Large L I siA 6, Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. ZLIVIA G ZABIAH Notary Pubtic-Maryland McqtgorrierY County MY Commission Expires I -January 04, 20 18 1 TR 12665 Exhibit 3 of Tamarac ATTACHMENT A (Revised Effective October 1 2015) PRICING Monthly Pricing by Facility Purchasing and Contracts Division City Facility Name and Monthly Cost Annual Cost Estimated Estimated Estimated Adjusted Annual Cost Adjusted Monthly Cost Location Monthly Increase* City Hall 7525 NW 88th Avenue $ 3,872.00 $ 46,464.00 $ 137.07 $ 4,009.07 $ 48,108.83 Public Works Department $ 1,760.00 $ 21,120.00 $ 62.30 $ 1,822.30 $ 21,867.65 6011 Nob Hill Road Parks Administration Building $ 1,408.00 $16,896.00 $ 49.84 $ 1,457.84 $17,494.12 6001 Nob Hill Road Water Treatment Plant 7803 NW 61 st Street $ 704.00 $ 8,448.00 $ 24.92 $ 728.92 $ 8,747.06 Fire Station # 15 6000 Hiatus Road $ 750.00 $ 9,000.00 $ 26.55 $776.55 $ 9,318.60 Utility / IT Building State Street & Nob Hill Road $ 1,760.00 $ 21,120.00 $ 62.30 $ 1,822.30 $ 21,867.65 Recreation Center, 7501 North University Drive $ 1,560.00 $ 18,720.00 $ 55.22 $ 1,615.22 $ 19,382.69 Multi Purpose Center 7531 North University Drive $ 1,664.00 $ 19,968.00 1 $ 58.91 $ 1,722.91 $ 20,674.87 Caporella Aquatic Center 9300 NW 58th Street $ 1,200.00 $ 14,400.00 $ 42.48 $ 1,242.48 $ 14,909.76 Community Center 8601 W. Commercial Blvd. $ 2,496.00 $ 29,952.00 $ 88.36 $ 2,584.36 $ 31,012.30 TOTAL COST FOR ALL $ 17,174.00 $ 206,088.00 $ 607.96 $17,781.96 $ 213,383.52 ABOVE LISTED FACILITIES AND CLEANING SERVICE [PLEASE NOTE PAYMENTS WILL BE MADE BY FACILITY ON A MONTHLY BASIS] * Estimated Monthly Increase is based on the most current CPI Index information from June 2013 through April 2015. Upon release of June 2015 CPI Index information by the Bureau of Labor Statistics the Estimated Adjusted Monthly Costs will be finalized utilizing CPI Index Adjustment from June 2013 to June 2015. TR 12665 Exhibit 3 of Tamarac Purchasing and Cootracts Division Special Event Pricing Special Events Cleaning / Day Porter Services Amount Per Sq Ft / Per Hour Estimated Amount per Sq Ft / per Hour HEstiimat�ed moray buff of resilient floors $ 0.11 Per Sq Ft $ 0.00 $ 0.11 Floor stripping waxing and sealing $ 0.24 Per Sq Ft $0.01 $ 0. 25 Carpet shampooing(bonnet method) $ 0.05 Per Sq Ft $ 0.00 $ 0. 05 Carpet shampooing (extraction method) $0.09 Per Sq Ft $ 0.00 $ 0.09 Furniture polishing $ 14.75 Per Hour $ 0.52 $ 15.27 Upholstery shampooing $ 14.75 Per Hour $ 0.52 $ 15.27 Glass cleaning $ 14.75 Per Hour $ 0.52 $ 15.27 Pressure cleaning $ 14.75 Per Hour $ 0.52 $ 15.27 Day Porter Service (Monday - Friday) $ 14.75 Per Hour $ 0.52 $ 15.27 Day Porter Service (Saturday - Sunday) $ 22.00 Per Hour $ 0.78 $ 22.78 * Estimated Monthly Increase is based on the most current CPI Index information from June 2013 through April 2015. Upon release of June 2015 CPI Index information by the Bureau of Labor Statistics the Estimated Adjusted Monthly Costs will be finalized utilizing CPI Index Adjustment from June 2013 to June 2015. EMEN"ami City of Tamarac ' ' Purchasing and Contracts Division AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND UNITED STATES SERVICE INDUSTRIES, INC. (USSI) The CITY OF TAMARAC (City) and United States Service Industries, Inc., Hereinafter referred to as (USSI), a Delaware corporation duly registered as a Florida Foreign Profit Corporation with principal offices located at 4330 East-West Highway, Suite 200, Bethesda, Maryland 20814 (the "Contractor"), agree to amend the original Agreement for Citywide Janitorial Services as follows: 1. Pursuant to the terms of Section 6, Contract Term, Paragraph 6.2 of the original Agreement dated November 28, 2012, the City and United States Service Industries, Inc. (USSI) agree to exercise the first renewal option for the period effective July 1, 2015 through September 30, 2017. 2. Please amend Attachment A of the Agreement, in accordance with the requirements of Section 13 "Contract Price" contained within Invitation for Bid Document 13-01 B as incorporated into the original Contract Agreement as shown on the attached revised Attachment A. 3. Other provisions of the original agreement remain in effect as written. Remainder of Page Intentionally Blank City of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, and United States Service Industries, Inc. (USSI) signing by and through its Vice President, duly authorized to execute same. NM A Rq O. CC �3 : O ATT 94 Patricia A. Teufel, CM City Clerk Date ATTEST: '-4-j Q/I,, ,► AJ-3-, (Region I Manager) S-rEPN-sE,�ZE �i eS c"� f;�o Type/Print Name of Regional Manager (CORPORATE SEAL) CITY OF TAP C Harry Dre sler, ayor /0 / ,/ - %5- Date C. Cernech, City Manager Date Appro ed as�to foV%i'r sufficiency: '�Samu S. G en, y 16/)q r Date United States Service Industries, Inc. (USSI) Company Name gnature of Region Manager Danna Hewick Vice President ✓ r 15 Dat 2 City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDG__EMENT STATE OF :SS COUNTY OF 1 HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appearedZk*-bang Spufge", Vice President of United States Service Industries, Inc., a Florida Foreign Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of , 20 / r of otary Public State of at Large LViGt fit, blot IL-, Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. EM LAN aryland ountyExpires2018 City of Tamarac Purchasing and Contracts Division ATTACHMENT A (Revised Effective October 1, 2015) PRICING Monthly Pricing by Facility City Facility Name and Monthly Cost Annual Cost Estimated EstimatedEstimated Adiusted Annual Cost Adjusted Monthly Cost Location Monthl * Increase Cily Hall 7525 NW 88th Avenue $ 3,872.00 $ 46,464.00 $ 120.03 $ 3,992.03 $ 47,904.38 Public Works Department 6011 Nob Hill Road $ 1,760.00 $ 21,120.00 $ 54.56 $ 1,814.56 $ 21,774.72 Parks Administration Building $1,408.00 $16,896.00 $ 43.65 $1,415.65 $17,419.78 6001 Nob Hill Road Water Treatment Plant 7803 NW 61 st Street $ 704.00 $ 8,448.00 $ 21.82 $ 752.82 $8,709.89 Fire Station # 15 6000 Hiatus Road $ 750.00 $ 9,000.00 $ 23.25 $773.25 $ 9,279.00 Utility / IT Building State Street & Nob Hill Road $ 1,760.00 $ 21,120.00 $ 54.56 $1,814.56 $ 21,774.72 Recreational Center, 7501 North Universi Drive $ 1,560.00 $ 18,720.00 $ 48.36 $ 1,608.36 $ 19,300.32 Multi Purpose Center 7531 North University Drive $ 1,664.00 $ 19,968.00 $ 51.58 $ 1,715.58 $ 20,587.01 Caporella Aquatic Center 9300 NW 58th Street $ 1,200.00 $ 14,400.00 $ 37.20 $ 1,237.20 $ 14,846.40 Community Center 8601 W. Commercial Blvd. $ 2,496.00 $ 29,952.00 $ 77.38 $2,573.38 $ 30,880.51 TOTAL COST FOR ALL $ 17,174.00 $ 206,088.00 $ 532.39 $17,706.39 $ 212,476.73 ABOVE LISTED FACILITIES AND CLEANING SERVICE [PLEASE NOTE PAYMENTS WILL BE MADE BY FACILITY ON A MONTHLY BASIS] * Estimated Monthly Increase is based on the most current CPI Index information from June 2013 through April 2015. Upon release of June 2015 CPI Index information by the Bureau of Labor Statistics the Estimated Adjusted Monthly Costs will be finalized utilizing CPI Index Adjustment from June 2013 to June 2015. City of Tamarac Purchasing and Contracts Division Special Event Pricing Special Events Cleaning / Day Porter Services Amount Per Sq Ft / Estimated Estimated Amount per Sq Ft / Per Hour CPI Adj.* per Hour Spray buff of resilient floors $0.11 Per Sq Ft $0.00 $0.11 Floor stripping, waxing and sealing $ 0.24 Per Sq Ft $0.01 $ 0. 25 Carpet shampooing (bonnet method) $0.05 Per Sq Ft $ 0.00 $0.05 Carnet shampooing (extraction method) $0.09 Per Sq F $0.00 $0.09 Furniture polishing $ 14.75 Per Hour $ 0.46 $15.21 Upholstery shampooing$ 14.75 Per Hour $ 0.46 $15.21 Glass cleaning $14.75 Per Hour $ 0.46 $ 15.21 Pressure cleaning $ 14.75 Per Hour $ 0.46 $ 15.21 Day Porter Service (Monday - Friday) $ 14.75 Per Hour $ 0.46 $15.21 Day Porter Service (Saturday_ Sunda $ 22.00 Per Hour $0.68 $ 22.68 * Estimated Monthly Increase is based on the most current CPI Index information from June 2013 through April 2015. Upon release of June 2015 CPI Index information by the Bureau of Labor Statistics the Estimated Adjusted Monthly Costs will be finalized utilizing CPI Index Adjustment from June 2013 to June 2015.