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4.3 SR 04-17-2023Request for Action To Item Number Mayor and City Council 4.3 Agenda Section Meeting Date Prepared by Consent Agenda Aril 17, 2023 Michael Hecker, Parks and Recreation Manager Item Description Reviewed by Bid for Custodial Services Lore, Facilities Maintenance Superintendent -Gary Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, bid from Perfection Plus in the amount of $109,525 for Custodial Services for Municipal Buildings, a three-year period from May 1, 2023, through April 30, 2026. Background/Discussion The custodial cleaning services bid is for the daily cleaning of the Elk River Public Library and weekend cleaning of Lion John Weicht Park Restrooms and Servery, Trott Brook Barn, Youth Athletic Complex Restrooms and Orono Park Restrooms. Custodial services at our park facilities will be performed by the city's full-time custodians during the week. The Request for Proposals of Custodial Services was first posted on the city website in early spring with a mid -March submission deadline. Since we only received one bid, we re -posted with a deadline date of April 11. We received two bids: ■ FBG $112,780 ■ Perfection Plus $109,525. Perfection Plus has been performing custodial services for the city for the past three years. Financial Impact Both bids came in under the budgeted amount for custodial services for the park facilities and library. Mission/Policy/Goal Responsible for every dollar — good stewards Attachments ■ Bid Tabulation ■ Contract The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.- Januag 2023 Municipal Buildings Custodial Services (#8429237) Owner: Elk River MN, City of Solicitor: Elk River MN, City of 04/11/2023 11:00 AM CDT Section Tit) Line Item Item Code Item Descr UofM 1 Base Bid Total: Engineer Estimate Quantity Unit Price Extension $0.00 1 1 Public Librz MONTH 36 2 2 Lions Park I MONTH 36 3 3 Trott Brool, MONTH 36 4 4 Youth Athl(MONTH 36 5 5 Orono Pares MONTH 36 6 6 Additional EACH 5 $0.00 Perfection Plus FBG Unit Price Extension Unit Price Extension $109, 5 25.00 $112, 780.00 $2,490.00 $89,640.00 $2,475.00 $89,100.00 $150.00 $5,400.00 $205.00 $7,380.00 $60.00 $2,160.00 $185.00 $6,660.00 $125.00 $4,500.00 $120.00 $4,320.00 $200.00 $7,200.00 $120.00 $4,320.00 $125.00 $625.00 $200.00 $1,000.00 $109, 5 25.00 $112, 780.00 City E Request for Proposals Municipal Buildings Custodial Services City of Elk River, Minnesota The City of Elk River Butch Pelarski, Assistant Facilities Maintenance Superintendent 13065 Orono Parkway Elk River, MN 55330 Proposals must be received by: 11:00 a.m. on Tuesday, April 11, 2023 Proposals are being accepted for Custodial Services in the following City of Elk River Buildings ■ Public Library, 13020 Orono Parkway ■ Lions Park Restrooms and Servery, 1104 Lions Park Drive ■ Trott Brook Barn, 18282 Trott Brook Parkway ■ Youth Athletic Complex Restrooms, 9850 165"' Avenue ■ Orono Park Restrooms, 18599 Gary Street March 17, 2023 To Whom It May Concern: The City of Elk River is seeking custodial services for a three year period from May 1, 2023, through April 30, 2026, in the following municipal buildings: Public Library, 13020 Orono Parkway; Lions Park Restrooms and Servery, 1104 Lions Park Drive; Trott Brook Barn, 18282 Trott Brook Parkway; Youth Athletic Complex Restrooms, 9850 165t' Ave; and Orono Park Restrooms, 18599 Gary St.; in accordance with the specifications and special provision in this request for proposals. Questions must be submitted online via QuestCDN by 11:00 a.m., Monday, April 3, 2023. Submit the proposal via QuestCDN by 11:00 a.m. CST on Tuesday, April 11, 2023. Sincerely, Butch Pelarski Assistant Facilities Maintenance Superintendent City of Elk River 2 3 4 5 6 Custodial Services For: ■ Public Library, 13020 Orono Parkway, approximately 16,818 square feet ■ Lions Park Restrooms and Servery, 1104 Lions Park Drive, approximately 1,500 square feet ■ Trott Brook Barn, 18282 Trott Brook Parkway, approximately 1,200 square feet ■ Youth Athletic Complex Restrooms, 9850 1651h Avenue, approximately 480 square feet ■ Orono Park Restrooms, 18599 Gary Street, approximately 480 square feet LP Location Unit Price Unit �3 ar Proposal Amount O Public Library $ Per mo Lions Park Restrooms and Servery $ nth Trott Brook Barn $ Youth Athletic Complex Restroom Orono Park Restrooms O Additional Cleanings b Staff Y P*T 1 P x 36= r month x 36= Per month x 36= $ Per request $ ota (including sales tax) *It is understood the proposer must submit on all items listed above. Any proposal which does not contain a price for all proposal items will be rejected in its entirety. Please include as an attachment to the proposal a price list of all your additional services and rate. Municipal Buildings Custodial Services Elk River, Minnesota SECTION 00400 Bid Form Contract Identification: MUNICPAL BUILDINGS CUSTODIAL SERVICES City of Elk River This Bid Is Submitted To: City of Elk River, 13065 Orono Parkway, Elk River, MN 55330 The proposal of G ✓L 1 (�jf 1� /�( -S' j, c u (.� r (hereinafter called BIDDER), organized and existing under the laws of the State of Minnesota doing business as �V r �: i-f-mt.► i f *, to the City of Elk River (hereinafter called 'OWNER'). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of Municipal Buildings Custodial Services in strict accordance with the CONTRACT DOCUMENTS, 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 their 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 contract special provisions. BIDDER further agrees to pay as liquidated damages, the sum of $600 for each consecutive calendar day thereafter as provided in Section 15 of the General Conditions. Name: BIDDER acknowledges receipt of the following ADDENDUM: Addendum No. Addendum Date Name of person representing BIDDER who inspected site of proposed work: Date of Inspection: 31(123 Bid Form 00400 - 3 Municipal Buildings Custodial Services Elk River, Minnesota * Insert "a corporation," "a partnership," or "an individual' as applicable. Respec:7 Submitted: Signature -Oivar Title License Num er (Seal — If bid is by a Corporation) Attest A j i 1Pd- Company Skq) o ar k � Address Date Phone/Fax Fax I ((S— (.,a r 00400 - 3 Bid Form 1 I 1 I 1 1 Public Library MONTH 36 $2,490.00 $89,64D.00 $2,475.DD $89,1DD.00 2 2 Lions Park Restraoms and MONTH 35 $1.54.DD $5,4g0.DD $205.0 $7,389.DD Servery 3 3 Trott Brook Dam MONTH 36 560.00 $2,166.00 $1&S.M $6,66D.DD 4 4 Youth Athletic Complex MONTH 36 $125.DD $4,54U.DD $124:DD $4,320.00 Restrooms 5 5 Orono Park Restrooms MONTH 36 520D.00 s7,200.0D $120.DD $4,32D.00 6 6 Additional Cleanings Regucited by Staff EACH 5 $125.DD $625.DD $200.DD $1,fl0D.DD 1 Total: $IID9,525.DO $IIZ780.00 STATE OF ss COUNTY OF 1 -Uj AFFIDAVIT OF NON -COLLUSION I hereby swear (or affirm) under penalty of perjury: 1. I am the proposer (if the proposer is an individual), a partner in the proposer (if they proposer is a partnership), or an officer or employee of the proposer corporation having authority to sign on its behalf (if the proposer is a corporation): 2. The attached proposal or proposals have been arrived at by the proposer individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of material, supplies, equipment or services described in the invitation to proposal designed to limit individual proposals or competition: 3. The contents of the proposal or proposals have not been communicated by the proposer or its employees or agents to any person not an employee or agent of the proposer or its surety on any bond furnished with the proposal or proposals, and will not be communicated to any such person, prior to any official opening of the proposal or proposals; and 4. I have informed myself regarding the accuracy of the statements made in this affidavit. Subscribed and sworn to before me Proposer This day of > 20-LI. (Firm making proposal) Official Title 5 CERTIFICATION OF ACKNOWLEDGMENT BY PRINCIPAL (For use where contractor is individual or partnership) STATE OF )SS COUNTY OF ) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Notary Public (Notarial Seal) Name(s) of principal(s) 11 CERTIFICATE OF ACKNOWLEDGMENT (For use where contractor is a corporation) STATE OF ss COUNTY OF_ _) On this day of , 20, before me personally appeared and to me personally known who, being duly sworn, did say that they are respectively the that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed on behalf of the corporation by authority of its Board of Directors, and said and corporation. Notary Public (Seal) Full Name of Surety Company Name of Attorney -in -Fact Address of Local Agency Address acknowledged the instrument to be the free act and deed of said Home Office Address Name of Local Agency Name of Agent Affixing Countersignature Memorandum: Affix here Power of Attorney and Acknowledgment of Corporate Surety. 7 Instructions to Proposer The foregoing is an explanation of the purpose and requirements of the custodial services for the city for the period of May 1, 2023, through April 30, 2026. The city is seeking a firm or individuals to provide quality custodial cleaning service at the Public Library located at 13020 Orono Parkway; Lions Park Restrooms and Servery, 1104 Lions Park Drive; Trott Brook Barn located at 18282 Trott Brook Parkway; Youth Athletic Complex Restrooms, 9850 165ffi Ave; and Orono Park Restrooms, 18599 Gary Street. Each proposer shall refer to Section 10 of this proposal for location of cleaning areas at each of the buildings specified above. The contract requires there be one continuous cleaning period each day that the service is performed at each building. Consistent starting times as defined in section 7.4 are also required. The specifications and proposal form requires a unit price be stated for each building; therefore, an "annual" fee or price is not applicable unless and until all services have been provided. For services that are contained in Section 9 of the specifications, the contractor will be paid on a monthly basis. Questions must be submitted online via QuestCDN by 11:00 a.m., Monday, April 3, 2023. Butch Pelarski Assistant Facilities Maintenance Superintendent City of Elk River E3 Specifications and Special Provisions Custodial Services ■ Public Library, 13020 Orono Parkway ■ Lions Park Restrooms and Servery, 1104 Lions Park Drive ■ Trott Brook Barn, 18282 Trott Brook Parkway ■ Youth Athletic Complex Restrooms, 9850 1651h Avenue • Orono Park Restrooms, 18599 Gary Street Section I Intent and Definitions 1.10 Intent To furnish labor as herein specified and as necessary to provide custodial services for the city buildings identified on the top of this page. (See section 7 for more information on equipment and supplies.) 1.20 Definitions Unless other intention clearly appears, words and phrases (including technical words and phrases and such others as have acquired a special meaning) shall be construed according to rules of grammar and according to their approved usage as contained in the Merriam -Webster New International Dictionary, Second Edition, Unabridged. Wherever the following terms or pronouns in place of them are used in these specifications, the plans or other contract documents, the intent and meaning shall be interpreted as follows: Addendum A supplement to the proposal form as originally issued or printed, covering additions, corrections or changes in the proposal conditions for the advertised work, that is issued by the contracting authority to prospective proposers prior to the date set for opening of proposals. Additional Work The increased quantity or amount of work above that is shown in the proposal and plans for each contract item. Request for Proposal Inviting proposals for the work to be performed and or materials to be furnished. Award The acceptance by the contracting authority of a proposal, subject to execution and approval of the contract. Proposal Schedule A listing of contract items in the proposal form, showing quantities and units of measurement and having blank spaces for insertion of proposal prices. Proposer An individual, firm or corporation submitting a proposal for the advertised work. Calendar Day Every day shown on the calendar. Certified Test Report A test report, provided by a manufacturer, producer or supplier of a product, indicating actual test results or analysis covering elements of specification requirements for the product or workmanship and including validated certification. Change Order A written order issued by the owner to the contractor covering permissible adjustments and minor changes or corrections and rulings with respect to omissions, discrepancies or intent of the specifications, but not including any extra work or other alterations that are required to be covered by supplemental agreement. Cleaning Hours The hours of the day that contractor may perform custodial services. Contract The written agreement between the city and the contractor, identifying obligations of the parties thereunder, including but not limited to performance of work, furnishing of labor and materials and basis of payment. Contract Items (Pay Item) A specifically described unit of work for which a price is provided for in the contract. Contracting Authority The political subdivision governmental body, board, department, commission, or officer making the award and execution of contract as the party of the first part. In this case, being the City Council of the City of Elk River. Contractor The individual, firm or corporation contracting for an undertaking of the prescribed work; the party of the second part to the contract, acting directly or through a duly authorized representative. City 10 (See owner) Equipment All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper and acceptable performance of the contract within its intended scope. Extra Work Any work not required by the contract as awarded but which is authorized and performed by supplemental agreement at negotiated prices. Assistant Facilities Maintenance Superintendent The duly authorized representative of the contracting authority, acting directly or through their designated representatives who have been delegated the responsibility for supervision of the service, each acting within the scope of the duties and authority delegated to them. Holidays The days each year set aside by legal authority in recognition of special events and on which no public business shall be transacted except as specifically provided in cases of necessity. Holidays shall be specified by the city. Owner The public body or authority, corporation, association, firm or person with whom Contractor has entered into the Agreement and for who the work is to be provided. Proposal The offer of a proposer, on the prescribed proposal form, to perform the work and to furnish the labor and materials at the prices quoted. Proposal Form The approved form on which the contracting authority required proposal to be prepared and submitted for the work. Special Provisions Additions and revisions to the standard specifications covering conditions peculiar to an individual building. Specifications A general term applied to all directions, provisions, and requirements pertaining to performance of the work. 11 Supplemental Agreement A written agreement between the contracting authority and the contractor, executed on the prescribed form and approved as required by law, covering the performance of extra work or other alterations or adjustments as provided for within the general scope of the contract, but which extra work or change order constitutes a modification of the contract as originally executed and approved. Winter/ Summer Winter months are from November 1 to March 31, and summer months are from April 1 to October 31. Work The furnishings of all labor, materials, equipment, and other incidentals necessary or convenient to the successful performance of the service and the carrying out of all duties and obligations imposed by the contract upon the contractor. Work Order A written order, signed by the Assistant Facilities Maintenance Superintendent, of a contractual status requiring performance or other action by the contractor without negotiation of any sort. 12 Section 2 Proposal Requirements and Conditions 2.10 Prequalification of Proposers All proposers are required to submit at least three (3) referrals for whom the proposer provides services to a similar client as the city, i.e., providing the same services to a similarly used facility which has an equivalent amount of square feet as the Elk River contract. Please include the references as part of the proposal. Also include an Affidavit of Non -Collusion and Certificate of Acknowledgement. 2.20 Contents of Proposal Form The proposal form shall state the location and description of the services, the amount and nature of the guaranty deposit required if any and the date the proposals will be due. Bound within the proposal forms will be any Special Provisions and other supplementary requirements. All papers bound with or attached to the proposal form are essential parts of the proposal and shall not be detached from or altered without specific authorization. The plans, specifications and other documents designated in the proposal are also a part thereof, whether attached or not. 2.30 Specifications and Site of Work The proposer is expected to carefully examine the sites of the proposed work, the specifications, and the proposal and contract forms, before submitting a proposal. The submission of a proposal shall be conclusive evidence that the proposer has investigated and is satisfied as to the conditions to be encountered in performing the work as to the requirements of the specifications and contract. 2.40 Preparation of Proposal The proposer shall submit his or her proposal upon the forms furnished by the city. All figures shall be in ink or typed. The proposer's proposal shall be signed with ink by the individual, by one or more members of the partnership, by one or more officers of each firm representing a joint venture or by one or more officers of a corporation. If the proposal is made by an individual his or her name and post office address shall be shown; by a partnership the name and post office address of each partnership member shall be shown; as a joint venture the name and post office address of each member officer of the firms represented by the joint venture shall be shown; by a corporation the state in which it was chartered, and the business of its corporate officials shall be shown. 2.50 Delivery of Proposals Each proposal shall be submitted via QuestCDN. 13 2.60 Withdrawal or Revision of Proposals The city reserves the right to revise the plans, specifications and proposal for any project at any time prior to the due date of proposals. Revisions will be made by Addendum, duly numbered and date, subject to the following provisions: a) Each addendum will be mailed, emailed or will be sent by facsimile to each prospective proposer who has received a proposal form prior to the date of the Addendum. Each proposal form issued after the date of an Addendum will have it attached thereto. b) If the revisions made by an Addendum require considerable change or reconsideration on the part of the proposer, the date set for opening the proposal may be postponed, in which case the Addendum will include an announcement of the new date set for opening proposals. c) Each proposer shall acknowledge receipt of each Addendum, either in the space provided on the proposal for or by submitting a letter, facsimile or email prior to the date set for opening proposals. 2.70 Combination or Conditional Proposals No combination or conditional proposals will be allowed other than those specifically set up in the special provisions. 2.80 Evaluation of Quotes Proposals will be opened and evaluated by the city Finance Director, City Clerk, Assistant Facilities Maintenance Superintendent, and Recreation Manager. 2.90 Disqualification of Proposers The following reasons may be considered sufficient cause for disqualification of a proposer and the rejection of his or her proposals: a) More than one proposal for the same work from an individual, firm or corporation under the same or different name. b) Evidence of collusion among proposers. Participants in collusion will receive no recognition as proposers on future work until they have been reinstated as responsible proposers. c) Evidence of falsification of any forms or documents submitted as part of the quote. 14 Section 3 Award and Execution of Contract 3.10 Consideration of Proposals After the proposals are opened, they will be compared on the basis of the proposal price and who in the judgment of the city would best comply with the requirements. 3.11 Rejection of Proposals The right is reserved to reject any or all proposals, to waive defects and technicalities or to ask for new proposals if, in the judgment of the city, its best interest will be promoted thereby. 3.20 Award of Contract The award of contract, if it be awarded, will be made within sixty (60) calendar days after the opening of proposals to the lowest responsible proposer who in the judgment of the city best complies with all prescribed requirements. The successful proposer will be notified by letter, mailed to the address shown on his or her proposal, that his or her proposal has been accepted subject to execution and approval of the contract as required by law. As a condition precedent to approval of a contract, a foreign or nonresident corporation to whom a contract is awarded shall furnish proof that it has met all legal requirements for transacting business in the State of Minnesota. 3.30 Cancellation of Award The city reserves the right to cancel the award of any contract at any time and for any reason before the execution of said contract by all parties without any liability against the city. 3.40 Execution and Approval of Contract The contractor shall be signed by the successful proposer and returned within thirty (30) days after the forms have been mailed to the proposer. If return of the executed forms within the specified time is impossible due to the absence of one or more of the required signers, an extension of time may be granted by the city provided satisfactory evidence is furnished that the forms will be executed. 3.41 Signature Requirement All members of a partnership, and the president or vice president and the secretary or treasurer of a/each corporation shall sign the contract. In the case of joint ventures, signature requirements shall apply to each firm represented. 3.42 Proposer's Notice of Approval or Disapproval Notice of approval or disapproval of the contract will be given to the successful proposer within ten (10) days after the forms have been properly executed and returned to the Contracting Authority. No award shall be considered binding, nor shall any contract become effective until the contract form has been fully executed and approved as required by law. 15 3.50 Failure to Execute Contract Failure on the part of the successful proposer, within the time allowed, to execute the contract of comply with any other requirements -imposed precedent to approval of the contract, shall be considered just cause for cancellation of the award and forfeiture of his or her Proposal Guaranty, not as a penalty, but in liquidation of damages sustained by the city. An award may then be made to the next lowest responsible proposer, or the work may be re -advertised or otherwise performed as the city may decide. 3.60 Contract Life The contract, unless terminated as provided for in these specifications, shall be in effect through April 30, 2026. 16 Section 4 Legal, Relations, and Responsibility to the Public 4.10 Laws to be Observed The contractor shall keep fully informed of all federal and state laws; all local laws, ordinances and regulations; and all orders and decrees of bodies and tribunal having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He or she shall always observe any comply with all applicable laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the city and its representatives against all claims and liabilities arising from or based on violations committed by him or herself or his or her employees. 4.11 Provisions Contrary to Law If the contractor should discover any provisions in the contract that are contrary to or inconsistent with any law, ordinance, regulation, order or decree, he or she shall immediately report it to the Assistant Facilities Maintenance Superintendent in writing. 4.20 Permits, Licenses, and Taxes The contractor shall procure all permits and licenses; pay all charges, fees and taxes; and give all notices necessary and incidental to the due and lawful prosecution of the work. When requested, the contractor shall furnish the Assistant Facilities Maintenance Superintendent with evidence indicating that he or she has complied with any permit, license, or tax requirements. 4.30 Employee Health and Welfare The contractor shall provide and maintain all sanitary and safety accommodations for the use and protection of his or her employees as may be necessary to provide for their health and welfare and comply with state, federal, and local codes and regulations, as well as those of other bodies and tribunals having jurisdiction. 4.40 Public Convenience and Safety The contractor shall always conduct his or her operations and perform the work in a manner that will assure the least possible obstruction and he or she shall provide for the safety of the general public as well as the employees of the city. 4.50 Personal Liability of Public Officials In carrying out the provisions of the contract and in exercising the powers and authorities granted to them by or within the scope thereof, there shall be no personal liability upon the City Administrative Officers, the Assistant Facilities Maintenance Superintendent, or his authorized representatives, it being understood that in all matters they act solely as agents and representatives of the Contracting Authority. 4.55 Interest of Public Officials No member, officer, employee, or agent of the city or of a local public body during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 17 4.60 Indemnification, Insurance, and Protection of Lives and Property The contractor shall defend, indemnify and hold harmless the city and its officers and employees from and against all claims, damages, losses, expenses, including but not limited to attorney's fees, arising out or resulting from the contractor's, its agents', or its assigns', performance of the contract. In any and all claims against the city or any of its officers or employees by an employee of the contractor, and subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages compensation or benefits payable by or for the contractor of any subcontractor under worker's on workmen's compensation acts, disability benefit acts or other employee benefit acts. The contractor must meet the insurance requirements in Section 4.80. 4.61 Injury or Damage to Person or Property Should either party to the contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his or her employees, agents or others for whose acts is liable a claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. 4.62 Reasonable Safety Precautions The contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: a) Employees at the site and other persons who may be affected thereby. b) His or her work and materials and equipment to be incorporated therein which are under the care, custody and control of the contractor or any of his or her subcontractors. c) Other property at the site or adjacent thereto. 4.63 Management of Workload The contractor shall provide the appropriate number of employees and supervision to assure that the workload is managed proficiently, assuring that the contracted buildings are cleaned to specifications. The contractor shall also supervise and direct the work of the contract using his or her best skill and attention and shall be responsible to the city for the acts and omissions of his or her employees, subcontractors, and their agents and employees. 4.70 Insurance Indemnity Unless otherwise provided by the city, the contractor in all cases will be required to carry insurance of the kinds and in the amounts hereinafter specified. The contractor shall not commence work under the contract until he or she has obtained all the insurance required by the specifications and until such insurance has been approved by the owner or its agents. 18 4.80 General Liability and Property Damage Insurance Requirements The contractor shall take out and maintain and maintain during the life of this contract, Commercial General Liability and Automobile Insurance to protect the contractor from damage claims arising for operations under this contract, which shall protect him or her and any subcontractor performing work covered by this contract, from claims for damages for personal injury including accidental death under this contract whether such operations by him or herself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of the insured shall be as follows: a) Worker's Compensation Insurance 1. Coverage B — Employer's liability with limits of not less than: $500,000 Bodily injury by disease per employee $500,000 Bodily injury by disease aggregate $500,000 Bodily injury by accident 2. The contractor and his or her subcontractors, if any, must provide Worker's Compensation Insurance for all employees, in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer's liability. Evidence of subcontractor insurance shall be filed with the contractor. b) Automobile Liability Insurance 1. Minimum limits of liability coverage for passenger vehicles such as cars, van or pickup truck, unless it is being used to perform the service. If the vehicle is towing equipment or a commercial vehicle, and all other vehicles, then liability limits shall be the same as required under #c. General Liability Insurance, below. 2. Required Coverages The contractor and his or her subcontractors, if any, shall maintain insurance to cover liability arising out of the operations, use, or maintenance of all owned, non -owned and hired automobiles in the amount of $2,000,000.00 combined single limit. Evidence of subcontractor insurance shall be filed with the Contractor. c) General Liability Insurance 1. Minimum limits of liability shall be as follows: $2,000,000 Per Occurrence $4,000,000 Annual Aggregate $4,000,000 Annual Aggregate applying to Products/Completed Operations 2. Insurance coverages should include the following: ■ Premises and Operations Bodily Injury and Property Damage ■ Personal and Advertising Injury ■ Blanket Contractual ■ City of Elk River listed as additional insured 19 The contractor shall maintain insurance to cover claims, which may arise from operations under a contract with the city, whether such operations are by Contractor or Subcontractor or by anyone directly or indirectly employed under this contract. d) If Contractor's work involves working with, or the potential release of a hazardous substance, then the Contractor shall be required to procure double the insurance policy limits of those noted above. 4.81 Additional Insured An important requirement of the contract insurance is that the city be listed as "Additional Insured" on a primary and non-contributing basis by being added to your liability policy by endorsement. This endorsement must accompany the certificate and must be provided to the city prior to the Contractor beginning any work for the city. It may be mailed via regular U.S. mail or may be emailed to: Mailing address: 13065 Orono Parkway Elk River, MN 55330 Email address: bpelarski@elkrivermn.gov 4.82 Contractual Liability Format The contractual liability is to be either on a blanket basis for all written or oral contracts, or specifically endorsed to acknowledge the contract between the insured and the city. 4.83 Written Notice of Insurance Cancellation All certificates of insurance shall provide that the insurance company shall give the city thirty (30) days prior written notice of cancellation, non -renewal or any material changes in the policy. 4.84 Additional Insurance The above requirements are minimum amounts, and it is the sole responsibility of the contractor to purchase and maintain additional insurance that may be necessary in connection with this contract. 4.85 Possession of Firearms on City of Elk River Premises Unless specifically required by the terms of this contract, no provider of services pursuant to the contract, including but not limited to employees, agents or subcontractors of the Vendor or Contractor shall carry or possess a firearm on city premises or while acting on behalf of the city pursuant to the terms of this agreement. Violation of this provision shall be considered a substantial breach of the Agreement; and in addition to any other remedy available to the city under law or equity are grounds for immediate suspension or termination of this contract. 20 Section 5 Employee and Contract Terms and Conditions 5.10 Subletting of Contract The contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract or contracts or any portion thereof or of his or her right, title or interest. 5.20 Qualifications of Workers All workers shall have sufficient skill and experience to perform properly the work assigned to them. Upon request by the Assistant Facilities Maintenance Superintendent and/or Recreation Manager, the contractor shall submit satisfactory qualifications evidence for any person engaged in special work requiring professional training. Any person employed by the contractor who does not perform his or her assigned work in a proper and skillful manner or who is intemperate or disorderly, shall be removed from the premises forthwith by his or her employer upon written request of the Assistant Facilities Maintenance Superintendent, and shall not be employed again on any portion of the work without the Assistant Facilities Maintenance Superintendent's consent. Should the contractor fail to remove such person or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Assistant Facilities Maintenance Superintendent may suspend the work until the contractor has complied with these orders. All the proposer's employees shall be subject to security screening and background checks by the city at any time under this contract. Any of the proposer's employees deemed unsuitable by the city due to criminal history, security violations or lack of citizenship or legal status documentation shall be precluded from engaging in any service under this contract. Proposer shall be responsible to provide current employee identification and legal status to the city on request throughout the term of the contract. 5.25 Facility Security All workers as supplied by the contractor will be required to have I.D. name tags on at all times and be identified by a master list filed with the city and be fully compliant with the security requirements (background checks) as promulgated by the Police Department before they can work in city premises. Under no circumstances will unidentified and unchecked workers be allowed to work in city facilities. 5.30 Hiring and Qualifications All supervisors, cleaning personnel or other employees of the contractor shall be thoroughly trained in proper maintenance and service procedures. 5.40 Employee Conduct The contractor shall be responsible to always insure proper conduct by his or her employees while on city facility premise. Smoking by employees shall be prohibited in city buildings at all times, including e-cigs. Contractor's employees shall be prohibited from using telephone or office equipment except as may be designated. Personnel deemed unacceptable by the city shall be replaced by the contractor within twenty- four (24) hours after written notice by the Assistant Facilities Maintenance Superintendent. 21 5.50 Failure to Maintain Satisfactory Progress Should the contractor fail to perform satisfactory work, the Assistant Facilities Maintenance Superintendent will require that additional forces, materials, or equipment be provided as he or she determines to be necessary for bringing the work up to schedule and maintaining the level. Any failure to adhere to the approved schedule will be considered prima facie evidence that the contractor has failed to provide sufficient workers, equipment or materials to assure performance of the service within the specified time. If the contractor fails to adhere to the approved schedule or fails to take action as ordered to remedy unsatisfactory work, a notice of default may be issued as provided for in Section 5.71. 5.60 Methods and Equipment Sufficient equipment of proper size and good mechanical condition or specific equipment as noted herein shall be employed to prosecute the work to full compliance in a satisfactory manner and within the prescribed time. 5.70 Default and Termination of Contract The city, after giving due notice to the contractor and his or her sureties, shall have the power and authority to take the prosecution of the work out of the hands of the contractor, without violating the terms of the contract, if the contractor: a) Fails to begin the work under the contract within the time specified; or b) Fails to perform the work with sufficient workers and equipment and with sufficient materials to assure prompt completion of said work; or c) Performs the work unsatisfactorily or discontinue the prosecution of work without permission of the Assistant Facilities Maintenance Superintendent; or d) Fails to resume work which has been discontinued within a reasonable time after notice to do so; or e) Become insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency; or f) Allows any final judgment to stand against him or her unsatisfied for a period of ten (10) days; or g) Makes an assignment for the benefit of creditors; or h) Fails to carry on the work in an acceptable manner for any other cause whatsoever; or i) Views any confidential information; or j) Fails to keep a log of work performed as specified in section 7.10. 5.71 The Assistant Facilities Maintenance Superintendent will give the contractor written notice of any breach of the contract that may be in default, together with a demand that such a delay, neglect or default be corrected satisfactorily. If the contractor within a period of ten (10) days after such notice does not proceed satisfactorily in compliance therewith the Assistant Facilities Maintenance Superintendent will exercise his or her authority and notify the contractor of the action to be taken. 5.72 A notice shall be considered duly served when it is delivered in person or by registered mail, to the contractor and his or her surety, or to their authorized representatives, including persons in charge of their offices. Service of the notice shall be considered complete and sufficient when a properly addressed and stamped envelope containing the notice is registered and deposited in any post office or U.S. letter box in the state. The city's authority to take the prosecution of the work out of the hands of the contractor shall include the right to appropriate or use any or all materials and equipment as may be suitable and acceptable and to enter 22 into an agreement with others for completion of the contract according to the terms and provisions thereof or to use such other methods as may be required to complete the contract in an acceptable manner. All costs and charges incurred by the city together with the cost of completing the work under contract, will be deducted from any monies due or which would have been payable under the contract if it had been completed by the contractor. In case the expense so incurred by the city exceeds the sum which would have been payable under the contract, then the contractor shall be liable for the excess. 5.80 Cancellation of Contract When it is the finding of the city that the contractor is unable to obtain necessary labor or materials or is otherwise prevented from proceeding with the work because of or under limitations imposed by law, rule, regulation, or order of government or on account of any action of the public enemy, including those related to priorities and third party actions, the contractor will be relieved of his or her obligations for performing such portions of the contract that are delayed unreasonable thereby. The right is reserved to eliminate, in conjunction therewith, such other incomplete portions of the contract as may be rendered useless, unnecessary, or undesirable thereby. Also, the city reserves the right to make such alterations in the plans and specifications as it deems necessary to complete the work to the extent possible under the circumstances. Termination without cause. Notwithstanding and provisions of this contract to the contrary, the city shall have the right, in its sole option and discretion, to terminate this contract in its entirety or to terminate service provider's obligations with regard to particular location(s), upon fifteen (15) days prior written notice. Termination of the contract or any portion thereof shall not relieve the contractor of his or her responsibilities for the completed work nor shall it relieve the contractor of his or her obligations for and concerning any just claims arising out of the work performed. 23 Section 6 Payments 6.10 Scope of Payment The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials and for performing all work under the contract in a complete and acceptable manner and for all risk, loss, damage and expense of whatever character arising out of the nature of the work or the prosecution thereof. 6.20 Basis of Payment Any payment earned pursuant to this contract will be made not later than 30 days following the receipt of the invoice. Invoices which are incomplete in any way will not be accepted for payment. Invoices will be submitted individually in the same format as proposals are submitted by area. Prior to the processing of any and all payments to the contractor pursuant to this contract compliance with the City of Elk River's Finance Department regulations on the completion and Ming of W-9 forms and other IRS and Minnesota Department of Revenue taxing forms is required. 6.21 Equal Opportunity Compliance The city is an Equal Opportunity and Affirmative Action employer. The Contractor with the city is required to follow and conform to applicable federal, state and city laws as they apply to the Contractors duty for Equal Opportunity and Affirmative Action employment. It is the Contractor's responsibility to ensure compliance with Equal Opportunity and Affirmative Action requirements. Failure to comply with applicable Equal Opportunity and Affirmative Action employment requirements may lead to contractor sanctions. 24 Section 7 Special Conditions 7.10 General The contractor shall provide Janitorial Maintenance Service as described herein at the following locations: ■ Public Library, 13020 Orono Parkway ■ Lions Park Restrooms and Servery, 1104 Loins Park Drive ■ Trott Brook Barn, 18282 Trott Brook Parkway ■ Youth Athletic Complex Restrooms, 9850 165`i' Avenue • Orono Park Restrooms, 18599 Gary Street Additional Information (Best Estimates — Contractor should verify if necessary) Approximate square feet of tile for stripping and waxing in each building Public Library — 0 Lions Park Restrooms and Servery — 0 Trott Brook Barn — 0 Youth Athletic Complex Restrooms — 0 Orono Park Restrooms — 0 2. Approximate square feet of cleaning area in each building Public Library — 16,818 Lions Park Restrooms and Servery — 1,500 Trott Brook Barn — 1,200 Youth Athletic Complex Restrooms — 480 Orono Park Restrooms — 480 Approximate square feet of carpet in each building Public Library — 100 (rugs) Lions Park Restrooms and Servery — 0 Trott Brook Barn —1 rug Youth Athletic Complex Restrooms — 0 Orono Park Restrooms — 0 4. Approximate square feet of ceramic tile in each building Public Library — 1,500 Lions Park Restrooms and Servery — 0 Trott Brook Barn — 130 Youth Athletic Complex Restrooms — 0 Orono Park Restrooms — 0 25 Approximate square feet of no wax linoleum type flooring in each building Public Library — 15,000 Lions Park Restrooms and Servery — 0 Trott Brook Barn — 0 Youth Athletic Complex Restrooms — 0 Orono Park Restrooms — 0 7.20 Changes in Scope of Contract The city reserves the right to alter or modify this contract with respect to area, tasks or budget changes. Fifteen (15) days written notice shall be provided to the contractor. Contract modifications shall be made by Supplemental Agreement to the contract. 7.30 Nonperformance Failure of the contractor to complete the tasks outlined in these conditions shall be a basis for termination of the contract by the city as provided for in these specifications. 7.40 Hours Cleaning hours are as follows: ■ Library building shall be from 10:00 p.m. to 7:00 a.m., Monday through Saturday, and all day on Sunday. ■ Lions Park Restrooms and Servery shall be cleaned on Saturday nights between the hours of 10:OOpm and 6:OOam and additional cleanings if requested by Parks and Recreation staff. ■ Orono Park Restrooms shall be cleaned Friday and Saturday nights between the hours of 10:OOpm and 6:OOam and additional cleanings if requested by Parks and Recreation staff. ■ Youth Athletic Complex Restrooms shall be cleaned on Saturday nights between the hours of 10:OOpm and 6:OOam and additional cleanings if requested by Parks and Recreation staff. ■ Trott Brook Barn shall be cleaned Saturday nights between the hours of 10:OOpm and 6:OOam and additional cleanings if requested by Parks and Recreation staff. *Additional cleanings would be requested at least 7 days prior to the extra cleaning date. 7.50 Equipment The city shall supply all equipment necessary to perform the services herein except for those supplies listed in Section 7.70. Equipment shall be maintained in clean, properly operating condition and shall be suitable for the areas and tasks to be performed. 7.60 Supplies Provided by Owner The city shall provide all cleaning materials required to perform cleaning tasks including but not limited to cleaning compounds for floors, carpets, fixtures, glass and furniture, carpet spot cleaner, spill and stain remover products, disinfectants, mops, dust cloths and polishes, and all paper products. Supplies shall be kept in a neat and organized manner in the janitor's closets at each facility. 26 7.70 Cleaning Area Building cleanable area shall consist of the areas specified in Section 10. 7.80 Work Procedures The contractor shall provide written procedures documentation to the Assistant Facilities Maintenance Superintendent for approval prior to implementation to ensure building security, energy conservation and compliance with specifications. A procedural requirement shall be maintaining a daily logbook at each location on all contracted activities. 7.90 Sanitization Checklist The contractor and employees shall fill out the daily sanitization checklist at the following locations: ■ Lions Park Restrooms and Servery, 1104 Loins Park Drive ■ Orono Park Restrooms, 18599 Gary Street ■ Youth Athletic Complex Restrooms, 9850 165Ih Avenue ■ Trott Brook Barn, 18282 Trott Brook Parkway 7.100 Supervision The contractor shall provide a competent supervisor to be available on site or by phone during the working hours of the contractor's workforce. The supervisor shall be responsible for the performance of the contractor's employees and the physical security of the premises during the work shift and coordinating the contractors over activities with the Assistant Facilities Maintenance Superintendent. 27 Section 8 General Housekeeping Requirements 8.10 All cleaning material not supplied by the city must be of a type that will not have an immediate extended detrimental effect on any of the surfaces being cleaned. All equipment, products, and supplies shall be approved by the Assistant Facilities Maintenance Superintendent. Contractor will assume liability for damage caused to plumbing fixtures, hardware, and carpet and floor surfaces by the use or accidental spillage of abrasive materials, acids, waxes, strippers or other caustic materials. Proper use and training working with chemicals is necessary and documentation of training is required. 8.20 Any foreign matter, spills, stains, marks, gum, or residue of any nature on any surfaces shall be removed during regular cleaning operations on a nightly/daily basis. 8.30 Mechanical or other equipment used in the 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 danger to employees or other persons or damage the building structure, fixtures, furnishings, etc. Any injuries or damages of any nature shall be immediately reported to the Recreation Manager at 763.772.5828. Carts used to carry cleaning and/or waste materials will not be used to prop open or to push open doors within the bridling to prevent damage to door surfaces. Door stop blocks shall be furnished by the contractor if doors need to be kept open during cleaning. 8.40 Any building facilities, broken windows, equipment, fixtures or furnishing in need of repair or replacement, including those resulting from vandalism, shall be reported immediately to the Parks and Recreation Office at 763.635.1150 or the Recreation Manager at 763.772.5828. 8.50 Any items or articles of apparent value found by the contractor's personnel in any area of the building or site shall be left in a safe secure place and noted in the daily logbook. Any item of major concern shall be brought to the Recreation Managers attention. 8.60 Any articles of a suspicious nature that may be found or person noted loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to the Elk River Police Department at telephone number: Emergency: 911 Non -emergency: 763.635.1260 8.70 Necessary precautions shall always be taken to protect persons, property, and equipment from injury and damage. All equipment used in cleaning operations shall be stored in a safe and proper manner and in locations designated or approved by the Assistant Facilities Maintenance Superintendent. The contractor is responsible for maintaining the designated areas in a clean an orderly condition. Any flammable, volatile, or hazardous materials required in the janitorial service operations shall be stored in such a manner and in locations approved by the Fire Underwriter's Association and the Assistant Facilities Maintenance Superintendent. The contractor is responsible for Material Safety Data Sheets and required safety training for employees. 28 8.80 The city in most of its buildings has in place a paper, can, glass, and plastic recycling, and composting program. It shall be the contractor's responsibility to collect the recyclables and place in an assigned collection bin. 8.90 Cleaning Standard For the purpose of this specification, the following definitions are established, and conditions are designated as either clean or dirty for ease in determining contract performance. The following standards of performance shall be considered unacceptable. 8.91 Dust and Dirt The presence of dust and dirt or related material on vertical or horizontal hard and soft surfaces to the degree that it is noticeable and will mark clothing or skin. 8.92 Stains and/or Marks The presence of stains and marks to the degree that is noticeable and alters the appearance of vertical and horizontal hard and soft surfaces or items of furnishing. 8.93 Litter and/or Refuse The presence of litter and refuse on top of, underneath, behind, or around vertical and horizontal hard and soft surfaces or items of furnishing. 8.94 Sanitation The condition of sanitation that will cause odor or create a public hazard. Liquid or solid deodorants are not acceptable to control odors unless permitted by the Assistant Facilities Maintenance Superintendent. They are not to be used unless authorized. 29 Section 9 Detailed Housekeeping Requirements The detailed work requirements are intended to cover the custodial maintenance service required under this contract in a general manner, but they may not be complete in all the details. If any items have inadvertently been omitted that should be included to affect a complete job, they shall be included in the services rendered and brought to the attention of the Assistant Facilities Maintenance Superintendent. The city reserves the right to make changes to this schedule of services as it may find necessary or desirable from time to time to satisfy the requirements of the city. 30 Section 10 Location of Cleaning Area 10.10 Areas The areas to be cleaned under this section of the proposal are as follows: ■ Public Library All areas of the library building located at 13020 Orono Parkway, Elk River, Minnesota 55330, excluding the Mechanical room. Total square footage of area to be cleaned is approximately 16,818 square feet. Times available for cleaning will be from 10:00 p.m. to 7:00 a.m. Monday through Saturday and all -day Sunday. General Areas Week Month Other 1. Empty wastebaskets and replace liners as needed (plastic 6x liners supplied by the city). All waste to be moved to a designated area, no waste to be thrown away unless clearly marked. 2. Clean and sanitize drinking fountains 6x 3. Spot clean all interior windows and railing glass to remove 6x fingerprints 4. Completely clean all interior glass 1x 5. Vacuum all entry mats 6x 6. Vacuum area carpets 1x 7. Dust mop or sweep all hard surface floors 6x 8. Spot clean spills and stains on carpets 6x 9. Damp mop or use floor machine on all hard surface floors 6x 10. Dust all accessible hi-lo horizontal surfaces including counter 2x tops, windowsills, heating vents, light fixtures and furniture 11. Dry dust file cabinets and bookshelves 2x 12. Spot clean walls and doors 1x 13. Clean marks from kick plates 1x 14. Remove dust and cobwebs from return vents and ceilings 1x 15. Sanitize phones 1x 16. Shampoo upholstery 1x per year 17. Vacuum upholstered chairs and edge vacuum 1x 18. Collection and disposal of recyclable materials 6x 19. Put recyclables outside for weekly pick-up 6x 20. Clean and sanitize door handles and doorknobs 6x 31 Restrooms Week Month Other 1. Clean mirrors and chrome fittings 6x 2. Clean and sanitize sinks and countertops 6x 3. Clean and sanitize toilets (outside and inside) 6x 4. Clean and sanitize urinals (outside and inside) 6x 5. Empty waste baskets and liners 6x 6. Replace with basket liners 6x 7. Metal partitions and walls completely scrubbed 2x 8. Spot clean metal partitions and walls 6x 9. Restock restroom supplies (city provides) 6x 10. Sweep restroom floors 6x 11. Mop and sanitize restroom floors 6x 12. Clean grout on tile floors 2x per year 13. Clean exhaust and return vents 1x 14. Clean and sanitize door handles and doorknobs 6x Main Entry and Reception Areas Week Month Other 1. Spot clean all entry glass and display cases 6x 2. Completely clean entrance door glass 1x 3. Vacuum mats 6x 4. Remove mats and clear floor 1x 5. Spot clean marks from kick plates 6x 6. Tile - sweep/dust mop 6x 7. Tile - wet mop or use floor machine 6x 8. Tile - clean grout 1x per year 9. Dust shelving 1x 10. Empty outside trash receptacle 6x 11. Clean and sanitize door handles and doorknobs 6x Lunchroom Week Month Other 1. Empty all waste containers 6x 2. Clean and disinfect tables 6x 3. Clean chairs 6x 4. Clean and disinfect counter tops 6x 5. Clean sink and chrome fixtures 6x 6. Sweep and damp mop floor 6x 7. Spot clean walls 6x 8. Clean cabinet fronts, appliance exteriors, and ceiling return vents 1x 9. Spot clean spills 6x 10. Empty all recycling containers 6x 11. Clean refrigerator 1x per year 12. Refill product dispensers As needed 32 Community Room Week Month Other 1. Clean and disinfect tables 6x 2. Spot clean chairs 6x 3. Scrub floor with floor machine 6x 4. Clean window ledges 1x 5. Empty all waste containers 6x 6. Clean and polish sink and fixtures 6x 7. Clean and sanitize door handles and doorknobs 6x Study Rooms Week Month Other 1. Empty all waste containers 6x 2. Clean and disinfect tables and chairs 6x 3. Sweep floor 6x 4. Damp mop floor or use floor machine 6x 5. Clean white boards 6x 6. Collection and disposal of recyclable materials 6x Office Areas Week Month Other 1. Dust window ledges 1x 2. Clean interior window glass 1x 3. Clean and sanitize phone receiver 2x 4. Dust phone 1x 5. Dust top of all storage areas and shelves 1x 6. Dust computer monitor screens 1x 7. Clean and sanitize computer keyboards 1x 8. Sweep and wet mop floor 6x 9. Clean and sanitize door handles and doorknobs 6x Locker Room/Shower Week Month Other 1. Completely clean tops and sides of lockers 1x 2. Clean and sanitize shower stalls 1x 3. Shower file -clean grout 1x per year 4. Sweep and wet mop floors 6x 5. Clean floors and grout 1x per year 6. Wipe and sanitize benches Ix Security 1. Leave designated lights on. 2. Conserve energy, turn off lights when leaving an area. 3. Close and/or lock all doors, reset security system. 4. All employees wear uniformed shirts and photo I. D. name tags when on duty. 5. Do not prop open entry doors. 6. Never allow unauthorized people into the building. 33 10.20 Areas The areas to be cleaned under this section of the proposal are as follows: ■ Lions Park Restrooms and Servery All areas of the Lions Park Bathrooms and Servery located at 1104 Lions Park Drive, Elk River, Minnesota, 55330. Total square footage of area to be cleaned is approximately 1,500 square feet. Cleaning will be between the hours of 10:00pm and 6:00am on Saturday nights and additional cleanings if requested by Parks and Recreation staff. Restrooms Week Month Other 1. Clean mirrors and chrome fittings 1x 2. Clean and sanitize sinks and countertops 1x 3. Clean and sanitize toilets (outside and inside) 1x 4. Empty waste baskets and liners 1x 5. Clean and sanitize urinals (outside and inside) 1x 6. Replace with basket liners 1x 7. Scrub walls completely 2x per year 8. Clean and sanitize door handles and doorknobs 1x 9. Spot clean walls 1x 10. Deep cleaning in the Fall and Spring 2x per year Servery Week Month Other 1. Empty all waste containers 1x 2. Clean and disinfect tables 1x 3. Clean chairs 1x 4. Clean and disinfect counter tops 1x 5. Clean sink and chrome fixtures 1x 6. Sweep and damp mop floor 1x 7. Spot clean walls 1x 8. Clean cabinet fronts, appliance exteriors 1x 9. Clean interior of refrigerator 2x per year 10. Clean and sanitize door handles and doorknobs 1x 11. Deep cleaning in the Fall and Spring 2x per year * Deep cleaning to be done 2 times per year before the water is turned off in the Fall and after the water is turned on in the Spring. 34 10.30 Areas The areas to be cleaned under this section of the proposal are as follows: ■ Trott Brook Barn All areas of the Trott Book Barn located at 18282 Trott Brook Parkway, Elk River, Minnesota 55330. Total square footage of area to be cleaned is approximately 1,200 square feet. Cleaning will be between the hours of 10:OOpm and 6:OOam on Saturday nights and additional cleanings if requested by Parks and Recreation staff. General Areas Week Month Other 1. Empty wastebaskets and replace liners as needed (plastic 1x minimum liners supplied by the city). All waste to be moved to a designated area, no waste to be thrown away unless clearly marked. 2. Clean and sanitize drinking fountains 1x minimum 3. Spot clean all interior windows and railing glass to remove 1x minimum fingerprints 4. Completely clean all interior glass 1x minimum 5. Vacuum all entry mats 1x minimum 6. Dust mop or sweep all hard surface floors 1x minimum 7. Damp mop all hard floors 1x minimum 8. Dust all accessible hi-lo horizontal surfaces including 1x counter tops, windowsills, heating vents and furniture 9. Spot clean walls and doors IX 10. Clean marks from kick plates 1x 11. Remove dust and cobwebs from ceiling/corners/ceiling 1x return grates 12. Clean and sanitize door handles and doorknobs 1x minimum 13. Collection and disposal of recyclable materials 1x minimum 14. Put recyclables outside in dumpster for pick up 1x minimum Restrooms Week Month Other 1. Clean mirrors and chrome fittings 1x minimum 2. Clean and sanitize sinks 1x minimum 3. Clean and sanitize toilets (outside and inside) 1x minimum 4. Clean and sanitize urinals (outside and inside) 1x minimum 5. Empty waste baskets and liners 1x minimum 6. Clean return air vents 2x per year 7. Restock restroom supplies (city provides) 1x minimum 8. Mop and sanitize restroom floors 1x minimum 9. Ceramic tile -clean grout 1x year 10. Clean and sanitize door handles and doorknobs 1x minimum 35 Security 1. Leave designated lights on. 2. Conserve energy, turn off lights when leaving an area. 3. Close and/or lock all doors, reset security system. 4. All employees wear uniformed shirts and photo I. D. name tags when on duty. 5. Do not prop open entry doors. 6. Never allow unauthorized people into the building. All Facilities 1. Maintain a clean and orderly cleaning closet. 2. Do not leave trash in janitorial cart. 3. Rinse mops and buckets after use. 4. Maintain all city issued equipment in the proper manner. 5. Report any building issues or damage to the Assistant Facilities Maintenance Superintendent. 6. Request supplies two weeks prior to running out. 10.40 Areas The areas to be cleaned under this section of the proposal are as follows: ■ Youth Athletic Complex Restrooms All areas of the Youth Athletic Complex Bathrooms located at 9850 165`h Avenue, Elk River, Minnesota, 55330. Total square footage of area to be cleaned is approximately 480 square feet. Cleaning will be between the hours of 10:OOpm and 6:OOam on Saturday nights and additional cleanings if requested by Parks and Recreation staff. Restrooms Week Month Other 1. Clean mirrors and chrome fittings 1 x 2. Clean and sanitize sinks and countertops 1x 3. Clean and sanitize toilets (outside and inside) 1x 4. Empty waste baskets and liners 1x 5. Clean and sanitize urinals (outside and inside) 1x 6. Replace with basket liners 1x 7. Scrub walls completely 2x per year 8. Clean and sanitize door handles and doorknobs 1x 9. Spot clean walls 1x 10. Restock restroom supplies (city provides) 1x 11. Sweep restroom floors 1x 12. Wet mop and sanitize restroom floors 1x 13. Deep cleaning in the Fall and Spring 2x per year * Deep cleaning to be done 2 times per year before the water is turned off in the Fall and after the water is turned on in the Spring. 36 10.50 Areas The areas to be cleaned under this section of the proposal are as follows: ■ Orono Park Restrooms All areas of the Orono Park Bathrooms located at 18599 Gary Street, Elk River, Minnesota, 55330. Total square footage of area to be cleaned is approximately 480 square feet. Cleaning will be between the hours of 10:00pm and 6:00am on Friday and Saturday nights and additional cleanings if requested by Parks and Recreation staff. Restrooms Week Month Other 1. Clean mirrors and chrome fittings 2x 2. Clean and sanitize sinks and countertops 2x 3. Clean and sanitize toilets (outside and inside) 2x 4. Clean and sanitize urinals (outside and inside) 2x 5. Empty waste baskets and liners 2x 6. Replace with basket liners 2x 7. Scrub walls completely 2x per year 8. Clean and sanitize door handles and doorknobs 2x 9. Spot clean walls 2x 10. Restock restroom supplies (city provides) 2x 11. Sweep restroom floors 2x 12. Wet mop and sanitize restroom floors 2x 13. Deep cleaning in the Fall and Spring 2x per year * Cleaning to be done 2 times per year before the water is turned off in the Fall and after the water is turned on in the Spring. 11.10 Site Inspection Each proposer is responsible for visiting the sites prior to quote submission and to become familiar with work site conditions. A pre -proposal conference will begin at City Hall located at 13065 Orono Parkway, Elk River, Minnesota. Contact the Assistant Facilities Maintenance Superintendent, Butch Pelarski at 763.238.3467 to inform him of your attendance at the pre -proposal conference. 37 CONTRACT FOR SERVICES THIS AGREEMENT is made this day of 52023, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation ("City") and , a ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOW: 1. CONTRACT DOCUMENTS. The Contractor agrees to perform the services set forth in the Contract Documents, which are hereby incorporated into this Agreement as if set forth herein. The Contract Documents are 1) this Agreement 2) the City's Request for Proposals, and 3) the Contractor's proposal. In the event any ambiguity or conflict among the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) the City's Request for Proposals, (iii) the Contractor's proposal. 2. COMPENSATION. Contractor shall be paid by the City for the services described in the Contract Documents in accordance with the Contractor's proposal. The fees shall not be adjusted if the estimated hours to perform a task or any other estimate or assumption are exceeded. 3. TERM. The term of this contract is May 1, 2023, through April 30, 2026. 4. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. City shall not be responsible for discovering deficiencies in the accuracy of Contractor's services. 5. PERFORMANCE AND PAYMENT BONDS. Within fifteen (15) calendar days after the execution of this Agreement and before any work or Services are rendered, the Contractor shall furnish a performance bond and payment bond each in the amount of the Contract insuring the faithful performance of the Agreement and payment of all obligations arising thereunder. If the bonds are not submitted within the time frame, then the Agreement shall be considered void. 6. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment compensation taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 38 7. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor's receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 8. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 9. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 10. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statues Chapter 13, as it applies to (1) all data provided by the City Pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's', partner's, employees', volunteers', assignees, or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancelations or termination of this Agreement. THIS AGREEMENT is entered into by the undersigned parties as of the date written above. 39 CITY OF ELK RIVER By: John J. Dietz, Its Mayor By: Tina Allard, Its City, Clerk CONTRACTOR By: Its