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HomeMy WebLinkAboutJanitorial Services for Bridger Park Downtown Call for Bids CALL - Page 1 of 1 CITY OF BOZEMAN, MONTANA Full and detailed specifications on the services to be furnished may be obtained at the office of the City Clerk, City Hall, 121 N. Rouse Avenue, Bozeman, Montana 59715, telephone number (406) 582-2320. Copies of the bid specifications are also available on the City’s web page at C A L L F O R B I D S JANITORIAL SERVICES FOR BRIDGER PARK DOWNTOWN Sealed bids for Janitorial Services for Bridger Park Downtown, will be received by the City Clerk of the City of Bozeman Montana, in City Hall, 121 N. Rouse Avenue, Suite No. 102, Bozeman, Montana, until 10 a.m. on Friday November 21, 2008, at which time the bids will be publicly opened and read, for the furnishing of janitorial services for the public restrooms and the stairwells in the City-owned parking garage for the period December 1, 2008, through June 30, 2009. www.bozeman.net The City of Bozeman reserves the right to reject any and all bids, and to waive any informality in the bids received. The City of Bozeman is an Equal Opportunity Employer. DATED at Bozeman, Montana, this 5th day of November, 2008. Stacy Ulmen City Clerk, City of Bozeman Legal Ad Publish: Sunday, November 9, 2008 Sunday, November 16, 2008 SPECS - Page 1 of 5 CITY OF BOZEMAN, MONTANA BID SPECIFICATIONS JANITORIAL SERVICES FOR BRIDGER PARK DOWNTOWN PUBLIC RESTROOMS and STAIRWELLS All work required under these specifications shall be in compliance with and meet industry standards. Product manufacturers’ instructions shall be followed, and only the proper product will be used for the task. The Owner, at its option, may review the techniques employed by the Contractor, and require alternative methods if determined necessary. All tools and equipment used by the Contractor will be regularly cleaned and maintained in good operating condition and stored in an orderly fashion The Contractor will be notified of any errors or omissions when identified by the Owner. The Contractor will remedy the problem in a timely fashion. Periodic meetings, (at least quarterly), will be scheduled to review the performance of the Contractor and to resolve any items of concern to either party. Cleaning times will be established at the beginning of the contract term. 1.0 Required Record Keeping and Administration 1.1 In addition to the daily log referenced in Section 13 under General Conditions, the contractor shall conduct a weekly inspection of the buildings serviced under this contract and shall complete and sign the weekly inspection form provided by the Owner, certifying that the work has been performed in compliance with contract documents, and shall be left on the desk of the contract administrator for the City. 1.2 Owner will be responsible for written documentation of complaints received regarding the service provided, forwarding any notice of deficiency in a timely manner. Contractor will be expected to respond to the notice of deficiency at the earliest possible date. 1.3 Owner requires that an accurate listing of personnel serving in each of the buildings, including name, work history, and residency for the past three years, if available. Any changes in personnel must be immediately reported to the Owner. At the Owner’s option, a complete background check, including fingerprints, may be required on each and every employee. 1.4 Owner requires that any Contractor-acquired chemicals or products stored in any of the buildings being serviced under these contracts maintain materials safety data sheets on site at all times. For those buildings with specific cleaning requirements, such as green cleaning products, the Contractor agrees to use only approved products. 1.5 The Contractor will supply the Owner with an annual calendar outlining the approximate dates for the quarterly, semi-annual, and annual tasks. Written notification of scheduling for monthly, quarterly, semi-annual, and annual work items shall be submitted to the Owner at least one week prior to performance of the work. SPECS - Page 2 of 5 1.6 In the event a dispute arises between what is expected by the Owner and what is expected by the Contractor, representatives of both entities shall meet in an attempt to resolve the issue. In instances where an acceptable resolution cannot be attained, the Owner’s position shall prevail. 1.7 If a task is not satisfactorily performed, the Owner reserves the right to ask that the work be performed again, at no additional cost. In instances where a critical task is not performed properly or overlooked by the Contractor, the Owner will make arrangements for the work to be done and charge the Contractor for the cost of the work or task. 1.8 The work frequencies shown in Attachment A, Frequency and Work Schedules, are minimum criteria. Additional work in some areas may be required in order to maintain the generally agreed upon standards for all buildings. 1.9 For those custodial products provided by the Owner, (paper products, trash bags, etc.), the Contractor will keep an accurate inventory of product on hand and provide notification at least two weeks in advance to the Owner when stock needs to be replenished. 1.10 The Contractor will notify the Owner in writing of any maintenance related issues beyond the scope of the contract. Such things as burned out lamps, vandalism, graffiti, plumbing related problems or leaks, broken electrical receptacles and other building related problems that might hinder the Contractor from the efficient completion of their work. 2.0 Floor Cleaning and Maintenance Floors will be cleaned and maintained as specified below for each floor-care operation. The janitorial services will be accomplished as specified and as required by the frequency schedule and the approved work schedules. 2.1 Vacuuming or Sweeping: Sweeping of asphalt tile, vinyl tile, rubber tile, or ceramic tile floors must be accomplished in accordance with the frequency schedule. Care must be taken during these processes to ensure that all floor areas are cleaned including, but not limited to, under desks, and that the dirt is simply not transferred to corners. Any furniture, chairs, waste baskets, etc., moved to accommodate these processes will be returned to their original locations. The schedule will be coordinated with the Contractor so that other cleaning activities can still occur. 2.2 Damp Mopping: Floors, including stairways and landings will be damp mopped to remove dirt that remains on the floor surface and cannot be removed by sweeping or dust mopping. Damp mopping will not begin until after the floor has been thoroughly swept and loose soil has been removed. If there are any employees or members of the public in the building at the time of damp mopping, the appropriate “Caution, Wet Floor” signs shall be provided by the Contractor and posted until the floor is dry. 2.3 Light Waxing: Heavy traffic floor areas (entrances, lobbies, corridors, etc.) and those floors subject to excessive wear, will receive a very light coat or application of wax and be buffed SPECS - Page 3 of 5 to a uniform sheen at least once a month, and more frequently if determined necessary. Any wax residue on wall bases or unmovable furniture will be removed. This process is to be completed in conjunction with buffing. 2.4 Scrubbing: A floor that is satisfactory or acceptably scrubbed is without embedded dirt, cleaning solution, film, stains, marks, or water. Floors, except restrooms, will be scrubbed only when they cannot be cleaned satisfactorily by damp mopping. 2.5 Wax Removal: Wax removal will be accomplished by applying a stripping or wax removing solution in warm water over the entire floor area exactly as recommended by the manufacturer of the product, to loosen embedded dirt and wax. Residue along floor edges near wall base, immovable furniture, equipment, and in corners will be removed manually. 2.6 Waxing and Buffing: As soon as the wax removal has been satisfactorily accomplished, the floor will be waxed and buffed. A satisfactory or acceptable floor finish has a thin, even coating of wax. Floor will be clean and bright, under furniture as well as in other areas. Do not apply wax within six inches from walls or legs or bases of unmovable furniture. 3.0 Dusting and Miscellaneous Cleaning A satisfactory or acceptably dusted surface is free of all dust, dust streaks, lint, cobwebs, dirt, or oily streaks. The dust must be removed completely, not scattered around. 3.1 Low Dusting: Includes surfaces less than six feet from the floor, which may include, but may not be limited to, ledges, support braces, window sills, doors, stair rails, chair rails, and base boards. 3.2 High Dusting: High dusting includes areas over windows and doors, overhead pipes, exposed ducts, ceilings, and walls which are six feet or more from the floor. High dusting will be performed before floors are cleaned and before low dusting is undertaken. 3.3 Dusting Heating and Air Conditioning Equipment: All accessible portions of unit heaters, air conditioning grills, convectors, diffusers, fans, ceiling vents, and radiators will be dusted or vacuumed. If the grills cannot be cleaned by dusting or vacuuming, they shall be removed and washed. 3.4 Entryway and Vestibules: Areas around all exterior entryway doors will be swept free of all gravel, dirt, sand, sticks, and debris for a minimum of 10 feet from the entrance door in order to minimize the amount of material tracked into the building. The Contractor will not be responsible for the removal of snow or ice. 4.0 Restrooms Acceptably clean restrooms have a clean and bright appearance and no objectionable odors. Disinfectant shall be used on all surfaces and fixtures on a daily basis. 4.1 Restroom Floor Cleaning: Restroom floors will be (if concrete, tile, or vinyl) swept and SPECS - Page 4 of 5 scrubbed once (twice) a day. The immediate areas around urinals will be well scrubbed, using an all purpose detergent with a small amount of disinfectant. This process will result in thorough removal of soiling with no residue left in joints, crevices, or corners. 4.2 Toilets: When cleaning the bowls, wash and wipe bowl inside and out. If deposits are difficult to remove, use appropriate cleaning methods to remove deposits. Wash seat, top and bottom, with detergent solution, and wipe dry. Wipe tank and cover or flush mechanism and hardware with clean, damp cloth. 4.3 Urinals: When cleaning the urinals, wash and wipe inside and out. If deposits are difficult to remove, use appropriate cleaner and method to remove deposits. Care must be taken to ensure that the underside of the urinal fixture rim and holes in the bottom and back of all urinals are cleaned. Waterless urinals will be cleaned in accordance with the manufacturer’s recommendations. The chemical additive will be replenished or changed according to the same recommendations. 4.4 Sinks: A satisfactory or acceptably clean sink is free of grease, dirt, soap film, and streaks. Chrome plated hardware will be cleaned with a clean, damp cloth. 4.5 Deodorants and Disinfectants: Various types of disinfectants will be used on toilet bowls, floors, partitions, and similar fixtures as necessary. Solid crystal deodorants will not be used in urinals. Proper cleaning and ventilation eliminates the need for deodorants in toilet rooms. 4.6 Toilet Room Walls, Partitions and Woodwork: The accumulation of dirt on walls and partitions will not be allowed. A restroom that is acceptably clean shall include clean joints in the tile, and be free of film streaks, deposits, and soiling. A disinfectant shall be used as necessary. 4.7 Toilet Room Dispensers: Paper towels, toilet tissue and soap dispensers and feminine hygiene dispensers will be checked and refilled daily. An adequate daily supply of materials will be kept available. 4.8 Waste Baskets and “Special” Waste Baskets in Women’s Restrooms: Waste baskets in all restrooms will be emptied daily into the main receptacle, immediately prior to emptying of the main receptacle into the outside dumpster. 5.0 Miscellaneous Cleaning and Maintenance 5.1 Drinking Fountains: All drinking fountains will be cleaned daily. Appropriate cleaners shall be used when cleaning surfaces to ensure no damage occurs, while removing water spots and stains. 5.2 Glass Cleaning: All glass will be cleaned with a mild glass cleaning solution. Adjacent trim will be wiped clean with a damp cloth where soiled by spillage or by smears in the glass cleaning operation. All glass, including mirrors, glass cabinets, display cases, and partitions (glass or plastics) will be cleaned in accordance with the frequency schedule. All glass SPECS - Page 5 of 5 windows and doors will be spotted and cleaned in accordance with the frequency schedule. 5.3 Spot Cleaning: Walls, wainscoting, doors, and trim will be cleaned when necessary to remove small or spot areas of dirt, grease stains, or friction marks. Care will be taken to perform spot cleaning without damage to the surface finish and to provide an overall uniform appearance substantially free of cleaning marks after spot cleaning. 5.4 Cleaning and Polishing Furniture in Public Areas: All finished surfaces will be cleaned and receive an adequate application of furniture polish to remove dirt, and leave a gloss or sheen. Polish shall not leave surface oily, sticky, or injure varnish and enamel. All furniture, metal, wooden, or upholstered, will be free of all wax, scuff marks, water marks, and cobwebs. Metal surfaces will be cleaned. Care must be taken not to damage the finished surfaces. 5.5 Emptying and Cleaning Waste and Recycling Receptacles: The main waste receptacles will be emptied daily (or twice daily) and deposited in collection containers provided for that purpose. Receptacles will be kept free of deposits, dirt streaks, and odors. The office paper recycling and cardboard storage containers will be emptied as needed or at least every other week and deposited in the collection containers provided for that purpose on site. 5.6 Blinds: All blinds will be cleaned in compliance with the attached schedule. Acceptably clean blinds will be free of dust, dirt, deposits, and film. Paint coatings, plastics, and fabrics will not be damaged. 5.7 Light Fixtures: All exposed light fixtures and accessible components including lenses, louvers, and housings, will be cleaned with a clean damp cloth and appropriate cleaners. Lenses shall be removed once a year to remove dead flies, bugs, etc. and to clean the inside of the lens. Burned out lamps will be documented in the weekly report. 5.8 Cleaning Mats: All entrance mats will be vacuumed daily. All dirt and dust deposits underneath the mats will be removed and the mats replaced after cleaning. 5.9 Ash Trays/Receptacles: All ash trays/receptacles will be emptied on a weekly basis or more often as need. 5.10 Stairwells: All stairwells, landings, and elevators throughout the facility will be swept or damp mopped on a weekly basis or more if needed. Page 1 of 3 ATTACHMENT “A” FREQUENCY AND WORK SCHEDULE Building: Bridger Park Downtown Parking Garage Location: 26 East Mendenhall Street Total size of waiting area including restrooms: 450 square feet, approximately Total size of 3 stairwells and landings: 2,500 square feet, approximately Restrooms are a 7:30 a.m. to 6 p.m. operation. DAILY Maintain required records (Specs 1.1, 1.2, 1.9, and 1.10) Vacuum/sweeping in open areas including entry areas and entry mats (Specs 2.1, 3.4 and 5.8) Damp mopping in open areas (Specs 2.2) Scrubbing floors – restrooms (Specs 2.4 and 4.1) Empty common waste receptacles (Specs 5.5) Spot clean entry glass – inside and out, (weather permitting), interior windows and glass doors (Specs 5.2, 5.3 and 5.4) Clean and sanitize restrooms, restock supplies (Specs 4.2 thru 4.8) Drinking fountains (Specs 5.1) Spot cleaning as needed (Specs 5.3) WEEKLY Maintain all required records (Specs 1.1, 1.2, 1.9 and 1.10) Vacuum in offices (Specs 1.8 and 2.1) Empty recycling receptacles (Specs 1.8 and 5.5) Page 2 of 3 Empty and clean ash trays/ash receptacles (Specs 1.8 and 5.9) Low dusting (Spec 3.1) Clean stairwells and landings (Spec 5.10) MONTHLY Clean and polish furniture in public areas (Specs 5.4) Clean all glass furniture and display cases in public areas (horizontal and vertical) (Specs 1.8 and 5.2) Fully clean all interior windows and glass doors Specs 1.8 and 5.2) Dust heating, ventilation, air conditioning and exhaust fan grills and related public area mechanical equipment (Spec. 3.3) High dusting (Specs 3.2) Buff waxed floors (Specs 1.8 and 2.3) QUARTERLY Light waxing (Specs 1.8 and 2.3) Wax and buff floors (Specs 2.6) Fully clean the interior side of all exterior building windows, reachable from the ground or with a hand extension. Specs. 1.8 and 5.2) SEMI-ANNUALLY Wax removal (Specs 2.5) Waxing and buffing (Specs 2.6) Page 3 of 3 Clean outside of all exterior building windows (fall and spring) (Specs 5.3) ANNUALLY Maintain required records (Specs 1.5) Dust blinds (spring) (Specs 5.6) Light fixtures (Specs 5.7) BUILDING NOTES: This building will require the use of green cleaning products that meet the approval of the green building council. General Conditions Page 1 GENERAL CONDITIONS 1. MATERIAL AND LABOR BOND For the protection of the Owner, in the event of default, the Contractor shall procure and maintain for the term of the contract, at his own expense, and in a company or companies acceptable to the Owner, a material and labor bond in the amount of 100% of the contract to run for a period of not less than 90 days from the date of default. The 90-day period would provide adequate time for the Owner to arrange for other services. 2. PERFORMANCE BOND For the protection of the Owner, in the event of default, the Contractor shall procure and maintain for the term of the contract, at his own expense, and in a company or companies acceptable to the Owner, a performance bond in the amount of 100% of the contract to run for a period of not less than 90 days from the date of default. The 90-day period would provide adequate time for the Owner to arrange for other services. 3. COMPREHENSIVE GENERAL LIABILITY INSURANCE The Contractor shall carry comprehensive general liability insurance policy which includes bodily injury, property damage and automobile liability insurance, with limits of not less than $1,000,000 per claim and $1,500,000 per occurrence. This certificate MUST name the City of Bozeman as additional insured under the Contractor’s policy. All policies of insurance will provide for not less than 30 days written notice to the City before they may be revised, non-renewed or cancelled. This Certificate shall be updated annually. 4. JANITORIAL SERVICE FIDELITY BOND For the protection of the Owner, the Contractor shall carry and maintain for the term of the contract, a janitorial service fidelity bond in the amount of $25,000 for the governmental entities involved in this contract. Said bond shall name the City of Bozeman as co-obligee along with the Contractor. 5. INDEMNIFICATION The Contractor shall indemnify the Owner against any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, resulting from or occurring in connection with the performance of the work herein specified. The Contractor assumes all responsibility and agrees to reimburse the Owner for any damage to property of the Owner caused by or occurring in connection with doing any work hereunder. 6. ASSIGNMENT OF CONTRACT The Contractor shall not assign the contract affected by the acceptance of this proposal or any part thereof without written approval of the Owner. Each and all of the covenants and agreements contained in the contract affected by the acceptance of this proposal shall extend to and be binding upon the successors of the parties thereto. General Conditions Page 2 7. SUPERVISION The Contractor shall at all times provide qualified supervision using his/her best skill and attention to fulfill the covenants and agreements of the contract. If the supervisor is other than the Contractor, adequate documentation, acceptable to the Owner, shall be submitted showing the qualifications of the supervisor(s) and the same shall be approved by the Owner. In all cases the supervisor shall represent the Contractor in his absence and all directions given to him/her shall be binding as if given to the Contractor. 8. MONTHLY INSPECTION CHECK-OFF SHEET A monthly inspection shall be accomplished by a walk thorough by the owners of the cleaning service and a check-off sheet shall be kept on a weekly basis to record all work accomplished by cleaning crew. 9. ENFORCEMENT All services performed, materials and supplies furnished or utilized in the performance of services, and workmanship in the performance of services will be subject to inspection and test by the City to the extent practicable at all times and places, during the term of the contract. The City reserves the right to inspect a work area during any 24-hour period. 10. SUPPLIES AND EQUIPMENT 10.1 The Contractor shall furnish all non-paper supplies necessary for accomplishment of all work as specified. Industrial strength supplies will be properly stored and handled, following manufacturer’s instructions. Material Safety Data Sheets (MSDS) will be provided for each of the supplies stored in the Owner’s buildings. For all City buildings that require green cleaning products the Owner will provide the product or approve a list of acceptable products to use in the buildings. 10.2 The Contractor shall furnish all equipment necessary for accomplishment of all work as specified. The equipment shall be suitable for operation from existing sources of the Owner-furnished electrical power. Equipment considered by the Owner to be improper or inadequate for the purpose will be removed from the job and replaced with satisfactory equipment. Only the following commercial equipment will be deemed acceptable. A. Floor scrubber and high speed buffer. B. Commercial (heavy-duty) vacuum with beater bar. 10.3 The Contractor shall provide the feminine hygiene dispenser products for all buildings, keeping the proceeds therefrom. 10.4 The Owner shall supply the following products; and it shall be the Contractor’s responsibility to ensure that an adequate supply of these products is readily available in each of the bathrooms and that the items are stored neatly and protected from damage. The Contractor will provide notification at least two weeks in advance so that the Owner has adequate time to resupply any of the following products (included on the following page): General Conditions Page 3 A. Paper towels B. Toilet paper C. Liquid hand soap D. Trash bags E. Green approved cleaning products 11. MAINTENANCE OF EQUIPMENT All maintenance of equipment used in custodial services shall receive proper care and maintenance and be kept in good operating condition and properly supplied with brush, etc., suitable for required task. All electrically driven equipment shall be equipped with operable approved safety devices. Power equipment shall have rubber bumper protectors in place to protect finishes and furniture. Equipment will be stored in a neat and orderly fashion and in such a way that interior finishes are not marred or damaged. 12. STORAGE AREAS AND TRAFFIC AREAS If storage areas are made available to the Contractor by the Owner, the Contractor shall be responsible for their safety, orderliness, and cleanliness. Equipment will be stored in a neat and orderly fashion and in such a way that interior finishes are not marred or damaged. These facilities are subject to Owner’s inspection at all times. The Owner will not be responsible in any way for the Contractor’s supplies, materials, equipment or personal belongings that may be damaged or lost by fire, theft, accident or otherwise. All Contractor supplies, equipment and machines shall be kept out of traffic lanes or other areas where they might pose a hazard and shall be secured or removed from the premises at the end of each work period. 13. MAINTAINING OF CONTRACTOR’S LOG For the protection of both the Contractor and the Owner, the Contractor shall maintain a daily log for each building showing the following information: A. Names of authorized Contractor’s employees in the building. B. Time of entry and departure. C. Note any security problems that might arise: 1. Unlocked doors. 2. Unauthorized entrance or exit. 3. Non-employed personnel in the building. 4. Owner’s employees still in building when Contractor has departed. 14. MAINTAINING OF OWNER’S LOG A written report of the deficiencies shall be filed and a copy given to the contractor for his record and response. Contractor’s written and signed response will be made a part of the file. Daily services found to be incomplete, defective, or not accomplished as scheduled will be reported to the Contractor, to ensure non-recurrence. Services other than everyday services reported incomplete, defective or not accomplished as scheduled will be reported to the Contractor for prompt corrective action by the Contractor and will be acceptably completed or corrected within the time schedule as determined by the City. General Conditions Page 4 15. CLEANING SCHEDULE In providing his services the Contractor shall adhere to the frequency and work schedule found in Attachment “A.” Nothing in the work schedule shall be construed to prohibit the Contractor from providing his services during normal work hours. Provided, however, that the Contractor shall not disrupt the normal daily business while performing his services. Daily general cleaning will be six days a week, 12 months of the year. 16. BIDDERS’ STATEMENT OF QUALIFICATIONS All bidders shall complete, and attach to his bid, the questionnaire found in Attachment “B.” Failure to attach the questionnaire shall be grounds for disqualification of bid. 17. PREVAILING WAGE DETERMINATION In accordance with Section 18-2-402, M.C.A., all contractors and subcontractors shall pay the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable to the county or locality in which the work is being performed. The prevailing wage rate for Gallatin County is $16.27 per hour, which includes all fringe benefits. Any questions concerning the amount of prevailing wages should be directed to the Montana Department of Labor and Industry, Labor Standards Division, P.O. Box 1728, Helena, Montana 59601. Phone: 444-5600. 18. NON-DISCRIMINATION IN HIRING All hiring must be on the basis of merit and qualifications. There may be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the Contractor, as set forth in Section 49-3-207, Montana Code Annotated. 19. COMPLIANCE WITH LAW Contractor warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. Contractor shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Contractor agrees to indemnify and hold the Owner harmless from all costs and damages suffered by the Owner as a result of the Contractor’s failure to comply with such law. 20. ASSIGNMENT OF PAYMENTS UNDER CONTRACT The Contractor shall not assign, transfer, or convey this order or any monies due or to become due hereunder without the prior written consent of the Owner. General Conditions Page 5 21. COMPLETE AGREEMENT This agreement, including these terms and conditions, the specification hereto and any additional terms and conditions incorporated into the attached hereto, constitutes the sole and entire agreement between the parties hereto. The Contractor’s quotation is incorporated in and made a part of this agreement only to the extent of specifying the nature and description of the goods ordered, and then only to the extent that such items are consistent with the other terms of this agreement. No other terms or conditions shall be binding upon Owner unless accepted by it in writing. 22. NON-WAIVER Failure of Owner to insist upon strict performance of any of the terms and conditions hereof or failure or delay to exercise any rights or remedies provided herein or by law or to promptly notify Contractor in the event of breach, or the acceptance of or payment for any goods hereunder, or approval of design, shall not release Contractor of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of Owner to insist upon strict performance hereof or any of its rights or remedies as to any good such goods, regardless when shipped, received or accepted, or as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by Owner operate as a waiver of any of the terms hereof. 23. APPLICABLE LAW The definitions of terms used, interpretation of this agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Montana. 24. OWNER’S PERFORMANCE OF CONTRACTOR’S OBLIGATIONS If the Owner directs the Contractor to correct nonconforming or defective goods by a date to be agreed upon by the Owner and Contractor, and the Contractor thereafter indicates its inability or unwillingness to comply, Owner may cause the work to be performed by the most expeditious means available to it, and the Contractor shall pay all costs associated with such work. Contractor shall release Owner and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault or negligence of the party released and shall extend to the directors, officers, and the employees of such party. Contractor’s contractual, including warranty, obligations shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by Owner. 25. Any supervision, inspection or complaints during the term of the contract should be directed from or through the Superintendent of Facilities and Lands for the City of Bozeman, and is required to be in writing. Services found to be incomplete, defective or not accomplished as scheduled will be reported to the Contractor for appropriate corrective action. If the existing problem constitutes a hazard or unsafe condition, corrective action shall be immediate, at no additional expense to the Owner. Otherwise the Contractor shall take corrective action during the next work period. A written report of the problem shall be filed and a copy given to the Contractor for his record and response. Contractor’s written and signed response will then be attached to file copy. Repetitive nonconformity in any one SUPERVISION, INSPECTION AND COMPLAINTS General Conditions Page 6 area or consistent overall nonconformance to workmanship and standards may result in termination of the contract and/or other punitive action as deemed necessary by the Owner. The Owner shall retain the right to determine whether an adequate level of service and workmanship is being maintained. 26. TRAINING AND SAFETY 26.1 Janitor supervisors shall be responsible for instructing and training the Contractor’s personnel in proper and specified work methods and procedures. They shall direct, schedule and coordinate all janitorial services and functions to completely accomplish the work as required by contract and as specified herein. The supervisors shall provide continuous inspection and supervision of the work performed. 26.2 Any Contractor-acquired chemicals or products stored in any of the buildings being serviced under this contract shall be accompanied by a materials safety data sheet. 26.3 The Contractor is responsible for instructing his employees in safe work practices. 26.4 The Contractor shall be responsible for ensuring that all janitor supervisors are adequately and appropriately trained in at least the following areas: Safety Culture Act, as set forth in Title 39, Chapter 71, Part 15, Montana Code Annotated; bloodborne pathogens; hanta virus; and clean up of body fluids. 27. CHANGES IN SQUARE FOOTAGES OF BUILDINGS SERVED Any changes in square footages in any of the buildings served under this contract shall be forwarded by the Owner to the Contractor at least 30 days prior to any change in services to be provided. The addition or deletion of square footages in a building shall be accommodated by adjusting the cost per building on a cost-per-square-foot basis, per the amounts bid for each building. 28. BUILDING SECURITY It shall be the Contractor’s responsibility to ensure that the buildings are secured while performing their duties, unless a public meeting is in progress. When the services are completed, all doors shall be locked and all non-designated, (security), lights turned off, except those in the room in which the meeting is being conducted and the outside door providing access for the meeting. 29. FAILURE TO PERFORM Failure of the Contractor to perform the duties of this contract to a satisfactory standard, or to respond to notification of deficiencies, may lead to immediate termination of this contract, with no compensation. The Performance Bond will be exercised while a new Contractor is being sought. 30. EMERGENCY CALL OUT In the event of an emergency, the Contractor may be requested to provide immediate assistance in clean-up. This work shall be performed at a cost agreed upon in advance. General Conditions Page 7 31. HOURS DURING WHICH WORK IS TO BE PERFORMED The work under this contract is to be performed during non-business hours, preferably between the hours of 5:00 p.m. and midnight if at all possible. The Owner reserves the right to vary these hours to accommodate high security areas when necessary, at no additional charge. 32. ONE-YEAR EXTENSION Bidder and the Owner agree that this Contract may, upon mutual agreement, be extended for a period of one year at a time, with no more than four such extensions allowed. In no case, however, may this contract run longer than five years. Negotiations for the extension of this contract shall be completed not less than 60 days prior to the termination of this contract. INF - Page 1 of 2 INFORMATION FOR BIDDERS BIDS will be received by THE CITY OF BOZEMAN (herein called the “OWNER”), at 121 N. Rouse Avenue, Bozeman, Montana, until 10 a.m., Friday, November 21, 2008, and then at said office publicly opened and read aloud. Each BID must be submitted in a sealed envelope, addressed to the City Clerk, City of Bozeman at 121 N. Rouse Avenue. Mailed BIDS must be mailed to P. O. Box 1230, Bozeman, MT 59771-1230 and arrive by the appointed BID opening time. Each sealed envelope containing a BID must be plainly marked on the outside as BID for Janitorial Services for the City of Bozeman, and the envelope should bear on the outside the name of the BIDDER, his/her address and his/her license number if applicable. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the City Clerk, City of Bozeman at P. O. Box 1230, Bozeman, MT 59771-1230. All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 30 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER. The BID documents contain specifications of the equipment to be furnished. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the BIDDER or relieve him from fulfilling any of the conditions of the agreement. Each BID must be accompanied by either (1) lawful money of the United States; (2) cashier’s check, certified check, bank money order, or bank draft, in any case drawn and issued by a National Banking Association located in the State of Montana; or by any banking corporation incorporated under the laws of the State of Montana; or (3) a BID bond or bond executed by a Surety Company authorized to do business in the State of Montana, and made payable to the City of Bozeman, Montana, in the amount of ten percent of the BID. Such check shall be given as a guarantee that the BIDDER will execute the agreement included in these documents after notification of the award to the BIDDER, and if the BIDDER fails to do so, the security so deposited shall be forfeited as provided in the Montana Code Annotated, Section 18-1-201, et seq. As soon as the BID prices have been compared, the OWNER will return the bonds of all except the three lowest responsible BIDS. When the Agreement is executed, the remaining bonds will be returned. A certified check may be used in lieu of a BID bond. INF - Page 2 of 2 Attorneys-in-fact who sign BID bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom award is made will be required to execute the agreement within ten calendar days from the date when notice of award is delivered to the BIDDER. The notice of award shall be accompanied by the necessary agreement. In case of failure of the BIDDER to execute the agreement, the OWNER may at their option consider the BIDDER in default, in which case the BID bond accompanying the proposal shall become the property of the OWNER. The OWNER within ten days of receipt of the agreement signed by the party to whom the agreement was awarded shall sign the agreement and return to such an executed duplicate of the agreement. Should the OWNER not execute the Agreement within such period, the BIDDER may by written notice withdraw his signed agreement. Such notice of withdrawal shall be effective upon receipt of the notice of the OWNER. The notice to proceed shall be issued within ten days of the execution of the agreement by the OWNER. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and the BIDDER. If the notice to proceed has not been issued within the ten-day period or within the period mutually agreed upon, the BIDDER may terminate the agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the work, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the agreement and to complete the work contemplated therein. A conditional or qualified BID will not be accepted. Award will be made to the lowest responsive and responsible BIDDER. A reference check will be conducted prior to the BID award. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over suppliers of equipment shall apply to the agreement throughout. The BIDDER agrees to work with the OWNER on the selection of cleaning products that meet the requirements of the Green Building Council and meet the specifications of the LEEDs program for the Library and other buildings. Upon notice of award of the BID, the BIDDER agrees to provide a current list of all employees that will be assigned to clean City buildings so that the City can conduct criminal background checks for offices with special security or safety needs. Page 1 of 3 CITY OF BOZEMAN, MONTANA BID Proposal of _____________________________________________________ ____________ (hereinafter call “BIDDER”), organized and existing under the laws of the State of Montana doing business as ________________________________________ * to the City of Bozeman (hereinafter called “OWNER”). In compliance with your Advertisement for Bids, BIDDER hereby proposes to supply janitorial services for the specified building or buildings listed on this Bid Form, in strict accordance with the Bid Specifications and the Agreement, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. Bidder hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT as set forth in this document. Under this contract, BIDDER further agrees to pay as liquidated damages, the sum of $150.00 for each consecutive calendar day for failure to meet the conditions set forth herein. *Insert “a corporation,” “a partnership,” or “an individual” as applicable. Page 2 of 3 CITY OF BOZEMAN, MONTANA BID FORM NOTE: Your bid must be submitted on this form. The City of Bozeman is requesting sealed bids for the furnishing of all labor, materials, equipment and services necessary to provide janitorial services for the period of December 1, 2008, through June 30, 2009, for Bridger Park Downtown public restroom and stairwells (26 E. Mendenhall Street) in accordance with the contract documents. Submitted Bids must be received on or before Friday, November 21, 2008, at 10 a.m. Sealed bids are to be submitted to the City Clerk. Hand delivered copies should be delivered to the Bozeman Municipal Building at 121 N. Rouse Avenue, Bozeman, MT. Mailed bids are to be sent to City Clerk, City of Bozeman, P.O. Box 1230, Bozeman, MT 59771. Mailed bids must arrive by the scheduled opening time of 10 a.m., on the day specified. Faxed or electronic versions of this bid will not be accepted. The Bidder and the Owner agree that this Contract may, upon mutual agreement, be extended for up to five years, through one-year extensions and with a CPI adjustment allowed, if requested by the Bidder. In no case, however may this contract run longer than five years. Negotiations for the extension of this contract shall be completed not less than sixty days prior to the termination of this contract. ______ The undersigned bidder agrees to provide janitorial services for the City building identified herein described and in accordance with the specifications as follows: Bridger Park Downtown public restroom – ONE CLEANING PER DAY $ ________________________________________/year Bridger Park Downtown public restroom – TWO CLEANINGS PER DAY $ ________________________________________/year Bridger Park Downtown stairwells and landings – ONE CLEANING PER WEEK $ ________________________________________/year TOTAL $ ________________________________________/year Page 3 of 3 Written amount of Total Bid – Schedule I _________________________________________ ___________________________________________________________________ Dollars/year On-demand cleaning rate: $ for callout and first 30 minutes. Rate for each additional quarter hour (15 minutes): $ . Contractor will commence cleaning within 15 minutes of callout. ___________________________________ ___________________________________ NAME OF BIDDER SIGNATURE ____________________________________ ____________________________________ ADDRESS OF BIDDER TITLE ____________________________________ ____________________________________ CITY, STATE, ZIP CODE DATE (S E A L) ____________________________________ CITY BUSINESS LICENSE NO. The City of Bozeman reserves the right to reject any and all bids, and to waive any informality in the bids received.