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CC 2012-10-23_08.d. Agreement for Uniform and Related ServicesMEMORANDUM TO: CITY COUNCIL FROM: GEOFF ENGLISH, DIRECTOR OF MAINTENANCE SERVICES BY: SHANE TAYLOR, MAINTENANCE SERVICES SUPERVISOR GLENDA BONER, OFFICE ASSISTANT II SUBJECT: CONSIDERATION TO AWARD BID AND ENTER INTO AGREEMENT FOR UNIFORM AND RELATED SERVICES DATE: OCTOBER 23,2012 RECOMMENDATION: It is recommended that the City Council award the bid and authorize the Mayor to execute a 3-year service agreement with Aramark Uniform Services. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Funds for this service agreement are included in the FY 201212013 Budget. Funding has been divided between the Streets, Parks, Facilities, and Landscaping, and Utilities budgets of the Maintenance Services Department. The estimated annual cost of the service agreement is $10,371. Funds have already been allocated to cover the first year of the agreement. Funding for years 2 and 3 of the agreement will be budgeted for in subsequent years. The estimated total cost of the 3-year agreement is $31,114. The contract will continue to be administered by the Utilities Maintenance Services Supervisor and the Office Assistant II. Approximately 75 hours per year are required to oversee the contract. BACKGROUND: The City's uniform service agreement with AmeriPride Uniform Services expires on November 10, 2012. The City has enjoyed a good working relationship with AmeriPride Uniform Services since 2006. The service agreement provides a set level of service and pricing on uniform rental and laundry services for the uniforms, jackets, coveralls, floor rugs and shop towels. Bid specifications to supply uniforms and related services were mailed on September 6, 2012 and bids were opened on September 27, 2012. Four bid packages were mailed out and four companies submitted bids. ANALYSIS OF ISSUES: Per Article 16 of the adopted Memorandum of Understanding (MOU) with Service Employees International Union Local 620 Arroyo Grande Chapter, the City agrees to furnish uniforms to specified employees. A summary of the bids is attached for Item 8.d. - Page 1 CITYCOUNCIL CONSIDERATION TO AWARD BID AND ENTER INTO AN AGREEMENT FOR UNIFORM AND RELATED SERVICES OCTOBER 23,2012 PAGE 2 Council's information. The apparent low bidder, Aramark Uniform Services, will provide services for a three (3) year term commencing on November 10,2012. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1 ) Approve staffs recommendation; 2) Do not approve staffs recommendation; 3) Modify as appropriate and approve staffs recommendation; or 4) Provide direction to staff. ADVANTAGES: Execution of this Service Agreement ensures that Article 16 of the adopted MOU is satisfied. It is more cost effective to expend $182 per year per employee for freshly laundered uniforms vs. establishing a set uniform allowance per employee. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on 'Thursday, October 18, 2012. The Agenda and staff report were posted on the City's website on Friday, October 19, 2012. No public comments were received. Attachments: 1. Bid Summary 2. Service Agreement Item 8.d. - Page 2 Attachment 1 UNIFORM RENTAL AND RELATED SERVICES BID SUMMARY TROUSERS SHIRTS DMSION EMBLEMS CITY EMBLEMS NAME TAGS JACKETS, BOUGHT COVERALLS, BOUGHT SHORTS, BOUGHT LAUNDER JACKETS LAUNDER COVERALLS LAUNDER SHORTS SHOP TOWELS @YED) AUTO SEAT COVERS (RED) FLOOR RUGS (4' X 6') FLOORRUGS (3' X 10') FLOORRUGS (3' X 4') MOPS (3) (24" dry) MOPS (1) (36" dry) WET MOP (8) AMERIPRIDE 3 120.00 2145.00 125.00 125.00 125.00 30.75 x 10ly-r 307.50 22.30 x 20ly-r 446.00 16.15 x 10ly-r 161.50 0.75 x 50ly-r 37.50 0.75 x 52Iy-r 39.00 0.50 x 10ly-r 5.00 . 0.06 x 1950ly-r 1 17.00 0.45 x 260ly-r 1 17.00 2.75 x 260Iy-r 715.00 3.75x104ly-r 390.00 1.75x390ly-r 682.50 1.25 x 781y-r 97.50 1.50 x 261y-r 39.00 1 .SO x 2081y-r 312.00 ARAMARK 2535.00 2015.00 93.75 343.75 93.75 22.00 x 10ly-r 220.00 25.00 x 20ly-r 500.00 13.50 x 10ly-r 135.00 0.60 x 50ly-r 30.00 0.40 x 521y-r 20.80 0.30 x 10ly-r 3.00 0.06 x 1950ly-r 117.00 0.42 x 260ly-r 109.20 2.50 x 260ly-r 650.00 3.75 x 104ly-r 390.00 1 .SO x 39Oly-r 585.00 0.45 x 781y-r 35.10 0.60 x 261y-r 15.60 1 .SO x 2081y-r 312.00 PRUDENTIAL 4225.00 3250.00 125.00 125.00 125.00 32.00 x 10ly-r 320.00 30.00 x 20ly-r 600.00 14.00 x 10ly-r 140.00 0.50 x 50ly-r 25.00 0.50 x 521y-r 26.00 0.50 x 10ly-r 5.00 0.07 x 195Oly-r 136.50 0.50 x 260ly-r 130.00 3.84 x 260ly-r 998.40 4.80 x 104ly-r 499.20 2.40 x 39Oly-r 936.00 0.85 x 78Iy-r 66.30 1 .SO x 26Iy-r 39.00 1 .SO x 208ly-r 312.00 MISSION LINEN 2 184.00 2184.00 250.00 750.00 250.00 39.99 x 10ly-r 399.90 29.99 x 20ly-r 599.80 21.95 x 10ly-r 219.50 2.00 x 50ly-r 100.00 2.00 x 521y-r 104.00 1.00 x 10ly-r 10.00 0.06 x 195Oly-r 1 17.00 0.60 x 260ly-r 156.00 2.00 x 260ly-r 520.00 2.75 x 104ly-r 286.00 1 .SO x 39Oly-r 585.00 1 .OO x 78Iy-r 78.00 1.25 x 26Iy-r 32.50 2.00 x 2081y-r 4 16.00 Item 8.d. - Page 3 SCRAPPER MATS (2' x 3') SCRAPPER MATS (3' x 5') SCRAPPER MATS (4' x 6') AMEFUPFUDE 1.25 x 261y-r 32.50 2.25 x 260ly-r 585.00 3.00 x 521y-r 156.00 REPLACEMENT ARTICLES ARAMARK 1.10 x 261y-r 27.10 1.85 x 260ly-r 48 1 .OO 2.50 x 521y-r 130.00 TROUSERS SHlRTS TOWELS AUTO SEAT COVERS PRUDENTIAL 1 .OO x 261y-r 26.00 1 .SO x 260ly-r 390.00 2.00 x 521y-r 104.00 12.00 x 251y-r 300.00 10.00 x 251y-r 250.00 0.52 x 50ly-r 26.00 12.00 x 10ly-r 120.00 MISSION LINEN 0.85 x 261y-r 22.10 0.95 x 260ly-r 247.00 2.00 x 521y-r 104.00 HATS (48) 17.00 x 251y-r 425.00 16.00 x 251y-r 400.00 0.30 x 50ly-r 15.00 7.00 x 10ly-r 70.00 765.60 No embroidery Embroidery 20.00 x 251y-r 500.00 18.00 x 251y-r 450.00 0.40 x 50ly-r 20.00 12.00 x 10ly-r 120.00 24.95 x 251y-r 623.75 2 1.95 x 251y-r 548.75 0.35 x 50ly-r 17.50 7.00 x 10ly-r 70.00 43 1.04 71 1.84 GRAND TOTAL 61 9.20 1 1,640.40 34,92 1.20 384.00 480.00 1 -Year Total 3-Year Total 10,371.25 31,113.75 1 1,287.84 33,863.52 13,693.40 41,080.20 Item 8.d. - Page 4 Attachment 2 AGREEMENT FOR CONTRACTOR SERVICES THIS AGREEMENT, is made and effective as of November 10, 2012, between ARAMARK UNIFORM SERVICES ("Contractor"), and the CITY OF ARROYO GRANDE, a Municipal Corporation ("City"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on November 10, 2012 and shall remain and continue in effect until November 10, 2015, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Contractor shall perform the tasks described and comply with all terms and provisions set forth in Exhibit "A, attached hereto and incorporated herein by this reference. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of hislher ability, experience and talent, perform all tasks described herein. Contractor shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. AGREEMENT ADMINIS'TRATION City's Director of Maintenance Services shall represent City in all matters pertaining to the administration of this Agreement. Brad Key shall represent Contractor in all matters pertaining to the administration of this Agreement. 5. PAYMENT The City agrees to pay the Contractor in accordance with the payment rates and terms set forth in Exhibit "B", attached hereto and incorporated herein by this reference. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (1 0) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Page 1 Item 8.d. - Page 5 (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5. 7. TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminate automatically on the occurrence of any of the following events: (a) Bankruptcy or insolvency of any party; (b) Sale of Contractor's business; or (c) Assignment of this Agreement by Contractor without the consent of City. (d) End of the Agreement term specified in Section 1. 8. DEFAULT OF CONTRACTOR (a) The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. (b) If the City Manager or hislher delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, helshe shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. LAWS TO BE OBSERVED. Contractor shall: (a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Contractor under this Agreement; (b) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Contractor's Page 2 Item 8.d. - Page 6 performance under this Agreement, or the conduct of the services under this Agreement; (c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above: (d) Immediately report to the City's Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. (e) The City, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 10. OWNERSHIP OF DOCUMENTS (a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedirlgs, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 11. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and Page 3 Item 8.d. - Page 7 all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. (b) lndemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. (c) General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "C" attached hereto and incorporated herein as though set forth in full. 13. INDEPENDENT CONTRACTOR (a) Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Page 4 Item 8.d. - Page 8 (b) No employee benefits shall be available to Contractor in connection with performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during hislher tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. 16. RELEASE OF lNFORMATlONlCONFLlCTS OF INTEREST (a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to Page 5 Item 8.d. - Page 9 any project or property located within the City. City retains the right, but has no obligation, to represent Contractor andlor be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 17. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: To Contractor: City of Arroyo Grande Geoffrey English Director of Maintenance Services 300 E. Branch Street Arroyo Grande, CA 93420 Aramark Uniform Services Brad Key 139 South "A Street Lompoc, CA 93436 18. ASSIGNMENT 'The Contractor shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged Page 6 Item 8.d. - Page 10 into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. AMENDMENTS Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement. 22. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that helshe has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ARROYO GRANDE CONTRACTOR By: By: Tony Ferrara, Mayor Attest: Its: (Title) Kelly Wetmore, City Clerk Approved As To Form: Timothy J. Carmel, City Attorney Page 7 Item 8.d. - Page 11 EXHIBIT A SCOPE OF WORK Page 8 Item 8.d. - Page 12 SPECIFICATIONS FOR UNIFORM AND LAUNDRY SERVICE CONTRACT TERM: The uniforms bid upon, will be used by the City of Arroyo Grande for a period of three (3) years, beginning on the date the contract is signed. The prices bid must be valid for the entire period indicated (three years). CONDITIONS FOR CANCELLATION: This agreement may be canceled by the City upon thirty (30) days written notice to the supplier for one or more of the following reasons, provided the City has given the supplier ten (10) days written notice to correct the situation. 1. Failure of the supplier to meet service requirements, product specifications, or any other terms and/or conditions of the contract. 2. Misconduct displayed by supplier's representative. QUAN1-I-TIES REQUIRED: The quantities indicated in the Price Quotation Page are estimates based on the number of employees currently employed by the City, in the Maintenance Services Department, who are to be provided with uniforms. These quantities will be used to determine the lowest overall bid. Actual quantities required during the life of the contract may vary from these estimates. DELIVERY AND IVIAIN'TENANCE: There are approximately twenty-five (25) employees working in the Maintenance Services Department to be supplied with five (5) uniforms weekly, pants and shirts. The vendor will maintain a stock of eleven (1 1) uniforms for each full-time employee and nine (9) uniforms for each part-time employee. Contractor shall be responsible for repairs and/or replacement of uniforms based on normal wear and tear, including sewing on of emblems, patches, and exchanging sizes when necessary. Emblems and patches will be provided by the Contractor, subject to approval by the City. All emblems and patches will be embroidered and sewn on the uniform. Each uniform supplied under these requirements shall consist of new materials. All uniforms shall be laundered weekly, pressed and delivered on hangers. Uniforms will not be accepted if they are soiled or improperly cleaned. All uniforms are to be new for all employees. Item 8.d. - Page 13 Unit prices to include weekly pick-up of soiled uniforms and delivery of clean ones to each Division within the City, at a specified time and day, at the following locations: Corporation Yard - 1375 Ash Street (Uniforms, Mats, Towels, Mopheads) City Hall - 300 East Branch Street (Mats) Police Department - 200 North Halcyon Road (Mats) Women's Club - 21 1 Vernon Street (Mats) Recreation Center - 1221 Ash Street (Mats) All uniforms will be the same color and style specified by the City and each employee will have a choice of long or short sleeves or a combination of both. Some employees require cotton shirts and pants. These shall be supplied at the same price as poly-blend. All Brushed Twill Flex-Waist Trousers are to be no less than 9 oz. weight, polylcotton blend, with the choice of western or regular cut. All Brushed Twill Flex-Waist Cargo Pants are to be no less than 9 oz. weight, polylcotton blend. All denim jeans are to be no less than 13.75 oz. weight, relaxed fit jeans. All Cotton Flex-Waist Trousers are to be no less than 8.5 oz. weight, preshrunk cotton twill. Brushed Twill Flex-Waist Shorts are an alternative and will be purchased by the City and laundered by the Contractor. Jackets shall be zippered, nylon shell, fleece lining, "bomber" or "competitor" style with zippered pockets, elastic waistband and cuffs. Coveralls shall be cottonlpolyester blend and will be purchased by the City and laundered by Contractor. Hats will be 9713 cottonlspandex, stretch fit, in color to be specified by City. The City logo is to be embroidered on front of hat. Hats will be purchased by the City and will not be laundered. Contractor shall be responsible for all measurements and the fitting of each employee. New employees will be furnished with uniforms at the same rate when proper notification is given by the City, and shall be supplied within four (4) weeks of the taking of measurements. All new employees shall be supplied with new uniforms. Supplier shall process garments on his own premises in accordance with the standards required by the City, County, and State Public Health Agencies. Bidder shall provide a list of styles and colors available with the bid. Item 8.d. - Page 14 EXHIBIT B PAYMENT SCHEDULE Page 9 Item 8.d. - Page 15 ClTY OF ARROYO GRANDE RECREATION AND MAINTENANCE SERVICES DEPARTMENT QUOTATION PAGE ARTICLE NO. OF UNIT TOTAL DIVISION EMBLEMS -to be provided by the vendor, for all shirts, coveralls, and jackets over the left front pocket. This is a one time charge. $ .7.5 $ waivJ on tnst.a\) ClTY EMBLEMS - to be provided by the vendor to the left sleeve, 2" down from the shoulder on all shirts, coveralls and jackets. This is a one time charge. -8e - -75 u~:v40n 1114441 $2.75 $ NAME TAGS - to be provided by the vendor, for all shirts, coveralls and jackets over the r'ght front pocket. This is a one time charge. $A $- MaivcLd 0- tfisfal\ PRICE FOR JACKETS BOUGHT OUTRIGHT $ aa. oo PRICE FOR COVERALLS BOUGHT OUTRIGHT $25.00 PRICE FOR SHORTS BOUGHT OUTRIGHT $ 13.50 Cost to launder jackets $ .bo Cost to launder coveralls $ -VO Cost to launder shorts $ -30 PRICE FOR HATS BOUGHT OUTRIGHT (48) s1a.90 SHOP TOWELS (DYED) EVERY OTHER WEEK (75) $.ob AUTO SEAT COVERS EVERY OTHER WEEK (10) $-4t FLOOR RUGSISCRAPER MATS EVERY OTHER WEEK (42) 15 - 3' x 4' (mats) $ 1.50 1 - 2' x 3' (scraper) $ \ l 0 10 - 4' x 6' (mats) $2.90 10 - 3' x 5' (scraper) $ \. 85 4-3'xIO'(mats) $3.75 2-4'~6'(scraper) $A50 FLOOR MOPS EVERY OTHER WEEK (1 2) 24" dry (3) $~ 36" dry (1) Wet (8) $1.50 Item 8.d. - Page 16 REPLACEMENT OF LOST OR DESTROYED ARTICLES Trousers Shirts Shop Towels Seat Covers Item 8.d. - Page 17 EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability lnsurance using lnsurance Services Office "Commercial General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition to lirrrits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on IS0 Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions lnsurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Page 10 Item 8.d. - Page 18 Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials employees and agents, using standard IS0 endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all Contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement Page 11 Item 8.d. - Page 19 and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subContractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subContractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Contractor, subContractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At the time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increase benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirements Page 12 Item 8.d. - Page 20 in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Page 13 Item 8.d. - Page 21 22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arisirlg out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Page 14 Item 8.d. - Page 22 EXHIBIT D CITY'S REQUEST FOR PROPOSAL Page 15 Item 8.d. - Page 23 CITY OF ARROYO GRANDE MAINTENANCE SERVICES DEPARTMENT 1375 ASH STREET ARROYO GRANDE, CA 93420 Mailing Date: September 6, 201 2 Opening Date: September 27, 201 2 NO'I'ICE INVI'TING BIDS FOR: UNIFORM RENTAL AND RELATED SERVICES GENERAL BID PROPOSAL PROVISIONS: Sealed bid proposals will be received by the City of Arroyo Grande unti'l 2:00 pm on Thursday, September 27, 201 2, at which time they will be publicly opened and read in the City Clerk's Office located at 300 East Branch Street, Arroyo Grande, California 93420. Bid proposals delivered after the aforementioned time and date will not be considered and will be returned unopened to the bidder. Quote net prices on all items. Firm prices for material will be quoted on the basis of FOB City of Arroyo Grande, California. Bid prices will be firm for sixty (60) days. Federal Excise Tax, which the City does NOT pay, shall not be included. The Director of Administrative Services will sign the necessary excise tax exemption certificates. The City DOES pay California Sales Tax (7.75%). This item should be shown separately on the bid blank, if applicable. The City's payment terms are thirty (30) days from the receipt of an original invoice and acceptance of the materials, supplies, equipment, or services (Net 30). RECREATION AND MAINTENANCE SERVICES DEPARTMENT 1375 Ash Street Arroyo Grande, California 93420 Phone: (805) 473-5460 FAX: (805) 473-5462 E-Mail: agcity@arroyogrande.org Website: www.arroyogrande.org Item 8.d. - Page 24 References in the specifications to any material, item of equipment, or type of construction by manufacturer's name, make, catalog number or other proprietary identification shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition. If altered products are offered, state make and stock number of each item. Bidder will furnish complete description of material and note any deviation from specifications and explain same in writing at time of bid. Inquiries regarding the specifications should be directed to: Shane M. Taylor Maintenance Services Supervisor (805) 473-5464 The City of Arroyo Grande reserves the right to reject any or all bids and/or to waive any informality in any bid and to sit and act as the sole judge of the merit and qualifications of the material offered. No bid will be accepted by the City of Arroyo Grande unless submitted on bid form provided for that purpose in a sealed envelope with bidder's name and address in the upper left corner of the envelope. Telephone quotes WILL NOT be accepted. The bidder shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City Council of the City of Arroyo Grande or its agent. Bid proposals may be delivered by Mail (including Special Delivery and Overnight Express Mail) to: Kelly Wetmore City Clerk City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 Item 8.d. - Page 25 Bid proposals may also be delivered by hand, United Parcel Service, Federal Express or Special Messenger to: Kelly Wetmore City Clerk City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 Item 8.d. - Page 26 SPECIFICATIONS FOR UNIFORM AND LAUNDRY SERVICE CONTRACT TERM: The uniforms bid upon, will be used by the City of Arroyo Grande for a period of three (3) years, beginning on the date the contract is signed. The prices bid must be valid for the entire period indicated (three years). CONDITIONS FOR CANCELLATION: This agreement may be canceled by the City upon thirty (30) days written notice to the supplier for one or more of the following reasons, provided the City has given the supplier ten (10) days written notice to correct the situation. 1. Failure of the supplier to meet service requirements, product specifications, or any other terms and/or conditions of the contract. 2. Misconduct displayed by supplier's representative. QUANTITIES REQUIRED: The quantities indicated in the Price Quotation Page are estimates based on the number of employees currently employed by the City, in the Maintenance Services Department, who are to be provided with uniforms. These quantities will be used to determine the lowest overall bid. Actual quantities required during the life of the contract may vary from these estimates. DELIVERY AND MAINTENANCE: There are approximately twenty-five (25) employees working in the Maintenance Services Department to be supplied with five (5) uniforms weekly, pants and shirts. The vendor will maintain a stock of eleven (1 1) uniforms for each full-time employee and nine (9) ur~iforms for each part-time employee. Contractor shall be responsible for repairs and/or replacement of uniforms based on normal wear and tear, including sewing on of emblems, patches, and exchanging sizes when necessary. Emblems and patches will be provided by the Contractor, subject to approval by the City. All emblems and patches will be embroidered and sewn on the uniform. Each uniform supplied under these requirements shall consist of new materials. All uniforms shall be laundered weekly, pressed and delivered on hangers. Uniforms will not be accepted if they are soiled or improperly cleaned. All uniforms are to be new for all employees. Item 8.d. - Page 27 Unit prices to include weekly pick-up of soiled uniforms and delivery of clean ones to each Division within the City, at a specified time and day, at the following locations: Corporation Yard - 1375 Ash Street (Uniforms, Mats, Towels, Mopheads) City Hall - 300 East Branch Street (Mats) Police Department - 200 North Halcyon Road (Mats) Women's Club - 21 1 Vernon Street (Mats) Recreation Center - 1221 Ash Street (Mats) All uniforms will be the same color and style specified by the City and each employee will have a choice of long or short sleeves or a combination of both. Some employees require cotton shirts and pants. These shall be supplied at the same price as poly-blend. All Brushed Twill Flex-Waist Trousers are to be no less than 9 oz. weight, polylcotton blend, with the choice of western or regular cut. All Brushed Twill Flex-Waist Cargo Pants are to be no less than 9 oz. weight, polylcotton blend. All denim jeans are to be no less than 13.75 oz. weight, relaxed fit jeans. All Cotton Flex-Waist Trousers are to be no less than 8.5 oz. weight, preshrunk cotton twill. Brushed Twill Flex-Waist Shorts are an alternative and will be purchased by the City and laundered by the Contractor. Jackets shall be zippered, nylon shell, fleece lining, "bomber" or "competitor" style with zippered pockets, elastic waistband and cuffs. Coveralls shall be cottonlpolyester blend and will be purchased by the City and laundered by Contractor. Hats will be 9713 cottonlspandex, stretch fit, in color to be specified by City. The City logo is to be embroidered on front of hat. Hats will be purchased by the City and will not be laundered. Contractor shall be responsible for all measurements and the fitting of each employee. New employees will be furnished with uniforms at the same rate when proper notification is given by the City, and shall be supplied within four (4) weeks of the taking of measurements. All new employees shall be supplied with new uniforms. Supplier shall process garments on his own premises in accordance with the standards required by the City, County, and State Public Health Agencies. Bidder shall provide a list of styles and colors available with the bid. Item 8.d. - Page 28 The Contractor will supply seventy-five (75) shop towels (dyed blue) and ten (10) auto seat covers (dyed red) for Auto Shop every other week. The Contractor will supply forty-two (42) floor rugs for various buildings in sizes specified on the quote page, to be laundered every other week. All other charges and/or special services must be included in the proposal and will be considered by the City before awarding this contract. They include, but are not limited to: prep charges (set up charges), repair charges, counting of towels and uniforms, sewing fees, towel replacement costs, depreciation for loss charges, credit given for vacation (how long), etc. Item 8.d. - Page 29 CITY OF ARROYO GRANDE RECREATION AND MAINTENANCE SERVICES DEPARTMENT QUOTATION PAGE DIVISION EMBLEMS - to be provided by the vendor, for all shirts, coveralls, and jackets, over the left front pocket. This is a one time charge. $ $ ARTICLE TROUSERS SHIRTS SUBTOTAL TOTAL CITY EMBLEMS - to be provided by the vendor to the left sleeve, 2" down from the shoulder on all shirts, coveralls and jackets. This is a one time charge. $- $- NAME TAGS - to be provided by the vendor, for all shirts, coveralls and jackets over the right front pocket. This is a one time charge. $- $ - NO. OF EMPLOYEES 25 25 PRICE FOR JACKETS BOUGHT OUTRIGHT $- PRICE FOR COVERALLS BOUGHT OUTRIGHT $- PRICE FOR SHORTS BOUGHT OUTRIGHT $- Cost to launder jackets $- Cost to launder coveralls $- Cost to launder shorts $- PRICE FOR HATS BOUGHT OUTRIGHT (48) $- NO. UNITS PER WEEK 125 125 SHOP TOWELS (DYED) EVERY OTHER WEEK (75) $- AUTO SEAT COVERS EVERY OTHER WEEK (10) $- FLOOR RUGSISCRAPER MATS EVERY OTHER WEEK (42) 15 - 3' x 4' (mats) $ 1-2'~3'(scraper) $ 10 - 4' x 6' (mats) $ 10-3'~5'(scraper) $ 4- 3'x lO'(mats) $ 2 - 4' x 6' (scraper) $ UNIT PRICE $ $ $ $ FLOOR MOPS EVERY OTHER WEEK (12) 24" dry (3) $- 36" dry (1 ) $- Wet (8) $- TOTAL PRICE $ $ $ $ Item 8.d. - Page 30 REPLACEMENT OF LOST OR DESTROYED ARTICLES Trousers $ Shirts $- Shop Towels $ Seat Covers $ Item 8.d. - Page 31 EXHIBIT E CONTRACTOR'S PROPOSAL Page 16 Item 8.d. - Page 32 CITY OF ARROYO GRANDE RECREATION AND MAINTENANCE SERVICES DEPARTMENT QUOTATION PAGE ARTICLE DlVlSlOhl EMBLEMS - to be provided by the vendor, for all shirts, coveralls, and jackets over the left front pocket. This is a one time charge. $ .7.5 $ waiv.P on c*ns+a\\ SUBTOTAL TOTAL CITY ENlBLElVlS - to be provided by the vendor to the left sleeve, 2" down from the shoulder on all shirts, coveralls and jackets. This is a one time charge. prep -8e - -7s t,~;~d0n 1134441 $2.75 $ NO. OF I NO. UNITS I UNIT NAME TAGS - to be provided by the vendor, for all shirts, coveralls and jackets over the 'ght front pocket. This is a one time charge. $Y& $- Naivr$ dm tfi)fal\ PRICE FOR JACKETS BOUGHT OUTRIGHT $ aa. oo PRICE FOR COVERALLS BOUGHT OUTRIGHT $35.00 PRICE FOR SHORTS BOUGHT OUTRIGHT $ r 3.30 Cost to launder jackets $ *bo Cost to launder coveralls $ -70 Cost to launder shorts $ .30 TOTAL $ $ PRICE FOR HATS BOUGHT OUTRIGHT (48) s1a.90 $ $ SHOP TOWELS (DYED) EVERY OTHER WEEK (75) $A!L AUTO SEAT COVERS EVERY OTHER WEEK (10) $-4a FLOOR RUGSISCRAPER MATS EVERY OTHER WEEK (42) 15-3'~4'(mats) $!.so 1 -2'x 3' (scraper) $ \ 10 10- 4'~6'(mats) $2.50 10 - 3' x 5' (scraper) $ \ . 9 5 4 - 3' x 10' (mats) $ 3.7 $ 2 - 4' x 6' (scraper) $ d -5D FLOOR MOPS EVERY OTHER WEEK (1 2) 24" dry (3) $A 36" dry (1) Wet (8) $I.SO Item 8.d. - Page 33 REPLACEMENT OF LOST OR DESTROYED ARTICLES Trousers $ I 7 .06 Shirts $ Ib -00 Shop Towels $ -30 Seat Covers $ 7. OD Item 8.d. - Page 34