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CR 06-011 Approve Agree for Custodial Svcs for City Hall, PD & PW CITY OF February 3, 2006 - Council Report 2006-11 HOPKINS APPROVE AGREEMENT FOR CUSTODIAL SERVICES FOR HOPKINS CITY HALL, POLICE STATION AND PUBLIC WORKS Proposed Action Staff recommends adoption of the following motion: Move to aoorove an aareement between "ROC Janitorial" and the Citv of Hookins to orovide ianitorial services for Hookins Citv Hall. Police Station and Public Works. Overview Currently the City of Hopkins contracts with an outside contractor for custodial services in Hopkins City Hall and Police Station. Due to the reconstruction of the Police Station and Public Works we decided to solicit new proposals due to the increased square footage and change in scope of duties needed. Requests for proposals were solicited. After reviewing the 8 submitted proposals, staff decided to award the agreement to ROC Janitorial based on the lowest overall cost and meeting all the conditions of the specifications. Primary Issues to Consider . Funding and impact on budget. . Is the award to ROC Janitorial in the best interest of the City? Supportina Information . Analysis of Issues . Proposal results . ROC references :JZCOOtffict F" C"'todtat S'N;"" Norbert Kerber Buildings & Equipment Superintendent Financial Impact: $37.200 Budgeted: Y/N: Related Documents (CIP, ERP, etc.): Notes: Y Source: GEN CITY OF HOPKINS MINNESOTA CONTRACT FOR CUSTODIAL SERVICES FOR GENERAL GOVERNMENT BUILDINGS CONTRACTOR'S NAME: ROC JANITORIAL. INC. ADDRESS: 7837 - 12TH AVENUE SOUTH. BLOOMINGTON. MN DATE: lHopkins.civillROC Janitorial/Custodial Service Contract.doc - 1 - I. Parties and Scope of Agreement. Scope and Purpose This Agreement is entered into by the City of Hopkins, Minnesota, a municipal corporation, (the "City") and ROC Janitorial, Inc., a Minnesota corporation, (the "Contractor"), for the purpose of providing custodial services as described in this Agreement at the following locations: Hopkins City Hall 1010 - 1 sl St. So., Hopkins Hopkins Public Works 111000 Excelsior Blvd., Hopkins Hopkins Police Department 1010 _ls1 St. So., Hopkins Services shall be provided every day of the year at the Hopkins Police Department. Service at the Hopkins City Hall shall be performed everyday Monday through Friday between the hours of 10:00 p.m. and 5:00 a.m. Service at the Hopkins Public Works shall be performed everyday Monday through Friday between the hours of 4:00 p.m. and 12:00 midnight. Service at the Hopkins Police Department shall be performed every day during the hours of 1:00 p.m. and 10:00 p.m. Services shall be provided at Hopkins City Hall and Hopkins Public Works every day except: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Presidents' Day, Martin Luther King, Jr. Day, Veterans' Day, Christmas Eve Day, and Christmas Day. Duration This Agreement takes effect as of the date of signing by all parties and continues in effect for the duration of one year from that date. The Agreement shall automatically renew and remain in effect for an additional year unless either party gives written notice to terminate no less than 60 days prior to the first anniversary date of the signing of this Agreement. The Agreement shall automatically renew and remain in effect for a third year unless either party gives written notice to terminate not less than 60 days prior to the second anniversary date of the signing of this Agreement. Amount and Payment City agrees to pay Contractor for its services pursuant to the following schedule: /Hopkins.civiI/ROC Janitorial/Custodial Service Contract.doc -2- Schedule I Hopkins City Hall Hopkins Police Department Hopkins Public Works Monthlv: $1,000.00 $1,500.00 $600.00 Annually: $12,000.00 $18,000.00 $7,2000.00 Contractor shall submit itemized bills for custodial services provided to the City on a monthly basis. Contractor shall provide documentation and reports as required by City to establish claim. The City shall not honor any claim for services not specifically provided for in the Agreement. Cost of Cover In the event that cleaning services provided by Contractor are not performed in a satisfactory manner in accordance with this Agreement, the City reserves the right to secure the services of a third party vendor to perform the work to the City's satisfaction. Contractor agrees that the cost of the third party vendor's services and materials shall be deducted from sums owed Contractor by the City. II. Custodial Services Specifications General Specifications All cleaning materials used by Contractor shall be of a type that will not have an immediate or delayed detrimental effect on any of the surfaces being cleaned. Any foreign matter, spills, marks or residue of any nature on any surface shall be removed during regular cleaning operations. Mechanical or other equipment used in cleaning operations must be of a type that is approved in the industry and shall be operated in such a manner as not to cause damage or threat of damage of any nature to employees or other persons or damage the building structure, fixtures or furnishings, etc. Any injuries, damages or vandalism shall be immediately reported to the Buildings Superintendent for corrective action. Any items or articles of apparent value found by cleaning service personnel in any of the City buildings or sites shall immediately be turned over to the Police Department. Any articles of a suspicious nature that may be found or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall immediately be reported to the Police Department by calling 911. Contractor's employees shall give their names, Contractor's name, and their exact location within city buildings. lHopkins.civiVROC Janitorial/Custodial SeIVice Contract.doc - 3 - Precaution shall be taken at all times to protect persons, property and equipment from injury or damages. All equipment used in cleaning operations shall be stored in a safe and proper manner and in locations designated or approved by the City Buildings Superintendent. Any flammable, volatile or hazardous materials used in the cleaning service operations shall be stored in a safe manner and locations approved by the Fire Underwriter's Association and the City Fire Marshall. Compliance Contractor shall meet with the City Buildings Superintendent bi-monthly and review scheduled custodial activities and past performance. These meetings shall be scheduled on Thursdays between the hours of 9:00 a.m. and 11 :30 a.m., or such other time as is convenient to the City Buildings Superintendent. Appearance, Behavior and Background of Cleaning Personnel Contractor shall only provide service personnel who present a clean and neat appearance at all times. Contractor personnel must pass a City background check prior to being assigned to a City building. Contractor shall require all personnel to wear visible badges bearing. at a minimum. the name. firm name. and photo of the individual. Contractor shall not employ or retain in its employ any personnel who use improper, obscene, or offensive language, or who act in a loud or boisterous or otherwise improper manner. All cleaning personnel shall have a basic understanding of English. Personnel deemed unacceptable by the City of Hopkins shall be replaced within twenty-four (24) hours. In the event that a regularly assigned employee of Contractor is absent, Contractor shall supply a replacement employee who meets these requirements and shall furnish evidence to the City that it has done so. This shall be done at no additional cost to the City. Training Contractor shall only provide cleaning personnel who are thoroughly oriented to the building areas and thoroughly trained in the methods, equipment, and supplies to be used. Contrator agrees that at no time will the City facilities be used as training facilities for new emplovees intended to be furnished to another customer. Equipment and Chemicals Contractor shall supply all equipment and cleaning supplies required to perform all services pursuant to this Agreement. All equipment shall be maintained in good condition at all times. Any equipment deemed unsafe by the City Buildings Superintendent shall be replaced immediately at no additional cost to the City. lHopkins.civil/ROC Janitorial/Custodial Service Contract. doc -4- The City shall furnish: 1. Paper towels 2. Roll towels 3. Floor Mats 4. Toilet tissue 5. Hand soap 6. Trash liners Contractor shall inventory these items weekly and furnish this inventory to the City Buildings Superintendent the following day. Contractor shall furnish a list of equipment used and a complete list of all cleaning supplies and! or chemicals. The list shall contain all safety features and chemical compositions along with material safety data sheets. The Contractor shall keep material safety data files current at all times. Cleaninl!: Schedule and Standards RESTROOMS, LOCKERROOMS LUNCHROOMS AND SINKS. a. Daily, pick up all trash. Empty waste, recycling and sanitary napkin disposal containers. Thoroughly clean these containers. b. Apply bowl cleaner to toilet bowls and urinals as needed, but not less than once per week. c. Daily, using a germicidal detergent; wash down lavatory, traps, partitions, doors, push plates, dispensers, urinals, toilet seats and bowls, and all adjacent walls. Rinse and wipe dry. d. Damp wipe and polish mirrors without streaking. Damp wipe shelves, tile walls and entrance doors as needed, but not less than once per week. e. Daily replenish toilet paper, towels, sanitary napkins and hand soap. Leave one full roll of extra toilet paper in each restroom. f. Daily sweep/dust then mop with detergent, not iust damD moo, and rinse. Remove dirt in comers, crevices and at base of all fixtures. g. 4X1yr machine scrub floors and mopboards with bristle pad. Clean all tile walls with disinfectant cleaner and wipe dry. h. 2X1yr shampoo and hot water extract all carpeted areas in Bath/Locker-rooms. lHopkins.civillROC Janitorial/Custodial Service Contract.doc - 5 - NOTE:CONTRACTOR SHALL ASSUME THE LIABILITY FOR DAMAGE CAUSED BY USE OF ABRASIVE CAUSTIC MATERIALS TO PLUMBING FIXTURES OR HARDWARE. OFFICES. CORRIDORS. OPEN AREAS. STAIRWAYS. ELEVATORS. AND ALL OTHER AREAS a. Spot clean carpeting to remove spots and soiled areas, as needed. b. Daily, all carpet areas shall be thoroughly vacuumed. c. Daily, all floor tile shall be thoroughly dust mopped, and damp mopped. d. Daily, all exposed work and counter areas shall be washed and dried thoroughly. e. All walls shall be spot cleaned to remove all spots, stains and marks as needed. f. Daily, remove all miscellaneous rugs, floor mats and shake out, vacuum and return to their original locations. g. Daily, empty all waste baskets, other trash and recycle receptacles. The City of Hopkins practices paper, can, glass and plastic recycling in all its buildings. Contractor shall collect the recyclables and place them in the proper collection bins. h. Clean partition glass, door glass including inside and outside entrance glass, and viewing glass protectors, dust and clean all directories, plaques, signs, pictures and fIre extinguisher cabinets, as needed. i. Daily, all drinking fountains shall be dusted, washed, disinfected and dried. j. Return all furniture to original positions upon completion of work. k. Daily, all janitor closets must be cleaned of debris at the end of each day. All supplies must be neatly stored. 1. 2X1yr Vacuum and clean all ceiling/wall air vents, diffusers and return-air grills, as needed. m. Hard Floors w/wax. City Hall only, Lobby, Stairs, entryways, Strip & wax Scrub & recoat Spray Buff 1X1yr lXlyr 3X1yr lHopkins.civiVROC JanitoriaVCustodial Service Contract.doc -6- Unnacceptab1e conditions The following conditions shall be considered unacceptable under the Agreement. . Dust and Dirt - The presence of dust, dirt or related material on vertical and/or horizontal hard and soft surfaces to the degree that it is noticeable and will mark either clothing or skin. . Stains and/or Marks - The presence of noticeable stains and marks on vertical and/or horizontal hard and soft surfaces of items or furnishings. . Litter and/or Refuse - The presence of litter and refuse on top of, underneath or behind vertical and/or horizontal surfaces, furnishings or fixtures. . Sanitation - Any unsanitary conditions that cause any odor or create a public hazard. III. GENERAL CONTRACT PROVISIONS Termination This Agreement may be terminated by either party for the other party's failure to timely perform any responsibility under the agreement. Notice of the breach shall be provided in writing and the breaching party shall have seven (7) business days to cure the breach. If the breach remains uncured, then the agreement is terminated. Notice Where this Agreement requires notice to be given, notice shall be made by in writing and placed in the US Post. Notice is effective on the next business day after posting. Notice to the City of Hopkins shall be delivered to: Norbert Kerber: Building & Equipment Supt Hopkins Public Works 11100 Excelsior Blvd Hopkins MN 55343 or to such other address as may be designated by the City in writing. Notice to Contractor shall be delivered to: Peter Mogren: Owner ROC Janitorial P.O. Box 28384 Oakdale MN 55128 or to such other address as may be designated by the Contractor in writing. lHopkins.civiVROC Janitorial/Custodial Service Contract.doc - 7 - Waiver The failure of either party to act upon a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of either party's right to act upon any subsequent breach of any term or provision of this Agreement. Assignment and Subcontracts Neither party shall assign or subcontract any of its rights or duties under this Agreement without written consent of the other party. Consent may be withheld for any reason. Any such assignment or subcontract shall be invalid. Notwithstanding this provision, at no time shall more than 30% of the Agreement be subcontracted. Construction, Forum and Venue The parties agree that construction of this Agreement shall be governed by the laws of Minnesota. The parties also agree that any litigation concerning this agreement shall be properly and exclusively venued in the Fourth Judicial District of the District Court of Minnesota. Severability The provisions of this Agreement are severable. If any court of competent jurisdiction holds any provision of this Agreement to be unenforceable or contrary to law, such decision shall not affect the remaining provisions of the Agreement. Equal Opportunity The Contractor agrees that it shall not discriminate against any of its employees or applicants because ofrace, color, religion, sex, or national origin. The Contractor agrees to take affirmative action to ensure that applicants and employees are treated without regard to their race, color, religion, sex, or national origin. Indemnification The Contractor agrees to indenmify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses (including, but not limited to, attorneys' fees) which the City may suffer or be held liable for as a result of the fault or breach of this Agreement of or by the Contractor, its employees, agents, or subcontractors. Insurance Contractor agrees that it shall maintain public liability, property damage, and auto insurance coverage in an amount of at least: $500,000 per individual occurrence, and a $1,000,0000 aggregate to cover both Contractor and the City. Contractor agrees that shall provide proof of such insurance as of the date of signing this Agreement. lHopkins.civillROC Janitorial/Custodial Service Contract.doc - 8 - Contractor agrees that failure to maintain such required insurance coverage is grounds for immediate termination of the Agreement. Conflict of Interest Contractor agrees that no member, officer, or employee of the City has or shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Any violation of this provision shall cause the Agreement to become null and void, and the Contractor agrees to forfeit any payments made under this Agreement. Terms The City reserves the right to modifY the terms of the Agreement due to changes in: building, square footage, task, or budget. The City shall provide 30 days written notice to Contractor of any changes to the terms of the Agreement. Integration This Agreement embodies the whole agreement of the parties and supersedes any and all oral or written agreements or negotiations between the parties relating to the subject matter of this Agreement. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid if expressed in writing and signed by both parties, unless otherwise provided herein. Audit disclosure Contractor shall allow the City or its duly authorized agents reasonable access to its records pertinent to all service provided under this Agreement. Contractor shall not disclose to any third parties any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this agreement that the City requests remain confidential. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by Contractor shall become the property of the City and be turned over to the City upon termination of this agreement. Independent contractor At all times and for all purposes, the parties agree that Contractor is an independent contractor and not an employee of the City. No statement in this Agreement shall be construed so as to find the Contractor to be an employee of the City. Compliance with Laws and Regulations Contractor agrees to comply with all applicable statutes, ordinances, rules and regulations in providing services under the Agreement. Any violation of applicable statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement. /Hopkins.civillROC Janitorial/Custodial Service Contract.doc - 9 - Integration and Signatures THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf. THE CITY OF HOPKINS. MINNESOTA ROC JANITORIAL. INC. By: By: Its: Its: Date: Date: By: Its: Date: lHopkins.civiIIROC JanitoriaVCustodial Service Contract.doc - 10 -