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HomeMy WebLinkAboutMardsen Building MaintenanceMidEw 0602 Ob:$g:$o OE 330 30f169sitdftl X1N21M OCEZ et 9L 01036111396QAZZI 000E - 61. HllIOS :$ NAM :d IS AH 8391f W GIL 11VH AlIO '001H31VM 40 A110 F-5877) o, 12/29/2020 0 • • TAIIC UPS CampusShip I UPS - Unit 9 \ 9 ?R6?PL )AA rts62oLsetvi kie/ oc trflcV'Zttoo ?aLte-baoeic5 iiifkg:51* V3CD6 M M stottade me 6?0 CoR 31-wtzt ric isA ARS DCW C31C) €Cd\AR(1Y Fob 31\1\11-v0E1AL SE-VICE-5 (MARSDeo gLD(7 MAIriTeoloICE) CITY OF WATERLOO FORM OF BID The bidder, having fully read this Request for Bids (RFB) for Janitorial Services, hereby acknowledges that this Bid Proposal completely reflects the total bid price for all services required by the RFB. It is the bidder's responsibility to determine the bid price based on the bidder's own evaluation of the space to be covered and work to be done. Bid (monthly) for regular janitorial Services at Public Works Facility: $2,452.15 (Includes Consumables) Alternate #1 Bid (window washing): $480.00 Annual ($240.00 Per Occurrence) Alternate #2, Part 1 Bid (deep disinfection): $75.00 Per Man Hour (with ATP Testing) $55.00 Per Man Hour (without ATP Testing) Note $300.00 Minimum Per Occurrence Alternate #2, Part 2 Bid (electrostatic spraying): $0.05 Per Square Feet Note: $300.00 Minimum Per Occurrence Lance Sivertsen (Company Representative Name) .11rir (Company RepresentatSignature) Marsden Bldg Maintenance, LLC (Company Name) Business Development Manager (Title) 12/29/2020 (Date) 1 1 a 1 1 Wnmll.. Rf rz cf e n Sthiterriance9 V ,1,C 430 Hctcher Ave Wathrll.o9 HA 5 4 7 01 h am Senviicss.f Arrneriic Sandy Alber 8OO=383O378 1301 West Main Manchester, IA 52057 DSM Airport Authority Damon Quick bl 5=256°5525 5800 Fleur drive Des Moines, IA 50309 la hi siill ON ai illLt., .2'.:1 ft'L-Li LILI LIU II II 441S" smwiL 1 " ati MARSDEN Proposal for Janitorial Services December 29, 2020 Proposa for Cty of Waterloo Pub 'c Works Prepared by Marsden Bldg Maintenance, LLC Lance Sivertsen Business Development Manager Mobile: 515-245-4350 LSivertsen@marsden.com www.marsdenbuildingmaintenance.com/ December 29, 2020 Randy Bonnet Public Works Division Manager City of Waterloo Public Works 625 Glenwood Street Waterloo, IA 50703 City of Waterloo Public WO r rits r=j Janitorial S kVices I=1 Marsden Proposal Dear Randy, Thank you for the opportunity to submit a bid for Janitorial Services at the City of Waterloo Public Works Facility. Marsden Bldg Maintenance (MBM) understands how important it is for the Public Works Department to have a janitorial partner who can provide efficient and consistent facility services. I am confident that MBM can continue to provide you with the skilled teams, comprehensive quality programs, and customer - focused services that are necessary to maintain the cleanliness, appearance, and safety of your property. Enclosed you will find our proposal. If you would like additional information or have questions, please reach out to me at 515-444-8754 or LSivertsen@marsden.com. We look forward to your evaluation of our proposal and the opportunity to continue the partnership between Marsden Bldg Maintenance and City of Waterloo Public Works. Sincerely, Lance Sivertsen Business Development Manager A u) Marsden Bldg Maintenanco was establishod in 1952 and over the years has grown into a full spectrum facility services provider. MBM offers janitorial, security, building maintenance, and specialty property services throughout tho central United States. We provide specialized building care to thousands of clients through service solutions that are quality -based and customer -focused. MBM is part of tho Marsden Services family of businesses. Marsden provides clients with a unique combination of national strength and local presence. Marsden is a multistate company that services thousands of clients from coast to coast. Despite Marsden's size, the focus is on the local markets in which it has office locations. - :ach office is invested in its community and local clients, providing personalized service. The local teams leverage Marsden's resources as a large organization, including staff, technology, equipment, supplies, information, industry experts, and finances to better serve their neighboring clients. Through our combined national and local operations, MBM provides our clients with the strength of a large corporation and the individualizod care of a small business. Who is Marsden? Composed of several operating companies, Marsden is one of the largest privately - owned facility service providers in the United States. 1952 The year Marsden was founded 10k Current number of Marsden employees and growing 300M 4 Square feet cleaned daily by Marsden companies 52 Office locations throughout the USA LABOR MANAGEMENT Service lines: Cleaning, HVAC, Calibration, and Security At MBM, we are proud to provide good jobs to hardworking people. We attract a workforce of exceptional associates to provide our clients with consistent, high quality services. Through our labor management strategies, we have built a stable, qualified team of associates that is productive, reliablo, and trustworthy. HIRING All of MRM's hiring is done by MBM's Human Resource Services (HRS) Placement Specialists. Our Placement Specialists are intensively educated in the most current employment laws, verifying authorization to work documents, running F-verify checks, performing background checks, interviewing candidates, processing hiring paperwork, and human -relations techniques. The Hiring Process MBM's careful hiring process results in a quality workforce that is highly trained, trustworthy, and motivated. 0 TALENT ACQUISITION Finding the best applicants and reviewing their qualifications. lighPr SCREENING Nes Vetting each applicant's eligibility, legal status, work history, and background. INTERVIEWING Determining an applicant's aptitude for the position and their congruency with Marsden's company culture. HIRING Placing the individual in an open position suited to his or her strengths and skills. 1111LOVRETAINING Engaging our employees and providing our clients with a stable workforce. Candidates apply for an open position online and complete a pre -interview online assessment. We thoroughly review each potential candidate's background, legal status, and work history before inviting the applicant for an interview, and automatically disqualify anyone who doesn't meet the required standards. Talent Acquisition: Who We Look For During talent acquisition, we seek out individuals with the following qualities: Eligibility Can prove a legal work status in the United States and have a clean background check Experience Have the experience and the abilities necessary for the posted position Ambition Has a desire to improve present skills, learn new ones, and earn more responsibility Character Shows responsibility, will take pride in the work, and has a strong customer - service focus All qualified applicants are given a personal, face-to-faco interview with a trained HRS professional. During the interview, we look at the applicant's general suitability, as well as his or her job experience and work ethic. Once we are satisfied that a candidate will become an effective member of the MBM team, we work hard to onboard and retain that individual. MBM is meticulous in job placement — we want to ensure that individuals are placed in a position in which they can succeed and be proud of their work. We encourage employees to stay with MBM long-term by engaging them in our company and helping them grow in their careers. We provide a positive work environment, competitive wages, benefits packages, and reasonable workloads. When employees show skill, dedication, and interest, MBM prepares them for promotions and gives them new roles. By investing in our employees, wo are able to reduce turnover and provide our clients with a dedicated, steady workforce. TRAINING Every new MBM employee goes through a multi -step training process. Our cleaners complete hours of education and practice before commencing work. The result is a workforce that is knowledgeable, efficient, consistent, and highly skilled. Every MBM cleaning team represents hundreds of hours of training and education. We investigate the best products, equipment, methods and cleaning systems and then use the latest research and best practices to develop our training and quality assurance programs. Training Program We have three phrases in our training program for new cleaners. Our intensive training system creates a workforce that is educated, reliable, consistent, and cost-effective. Orientation Phase CLASSROOM TRAINING • About Marsden • company policies and procedures • Safety program and safe practices Classroom Training During classroom orientation and training, new employees learn about MBM, HR policies, safety, and their specific role within the company. There are test questions after each section to ensure comprehension. Our focus during classroom training is to introduce employees to our company, its culture, and its mission. We also use this time to emphasize the importance of safety and safe work practices. Instruction Phase TECHNICAL TRAINING • Standardized cleaning methods • Safety protocols • Customer service skills • HR policies Application Phase PROCEDURAL TRAINING • Hands-on learning • One-on-one instruction • Marsden's TECH system • Schedule for periodic tasks Technical Training Once new employees have satisfactorily completed the first tier of training, they begin their onsite training. During onsite training, employees are trained on the standard methods for their particular job, site -specific methods, site -specific safety protocols, customer service, and advanced industry training. For new management staff, onsite training also focuses on supervisory skills and additional human resource policies. During the onsite training, new employees build upon their classroom learning in a tangible way. The onsite training helps now employees to visualize what they are learning and prepares them to practice these procedures and techniques themselves in the final step of training. Procedural Training In the final stage in MBM's training program, employees receive one-on-one instruction. This final step ensures that employees have retained the information they have learned in training and that they can execute it. During the hands-on training, a designated trainer works side by side with the new hire. As the trainer and the trainee work together, the new employees are taught the specific service plan for that client site, called TECH. Each employee is taught this system for service delivery in order to ensure our clients receive consistent and efficient services each day. What is TECH? MBM's Teach Easy Cleaning Habits (TECH) program is a proprietary system designed to ensure reliable quality standards. Why it Matters CONSISTENCY TECH eliminates the variables from one cleaner to the next, ensuring uniform performance. EFFICIENCY TECH's best practice method for cleaning each area ensures time and energy are not wasted. OWNERSHIP Each cleaner assigned an area of responsibility, which instills a sense of ownership. STAFFING LEVELS How it Works 0 TECH specifies everything that needs to be done at the site in a certain order. ROUTE Cleaners are taught the most efficient path and cleaning method for each area. SUPPLIES TECH incorporates the best equipment and chemicals to use at each site. MBM uses a mobile timekeeping technology to monitor employee departures and arrivals in real time. We use OR codes and/or GPS to confirm that employees are onsite and receive immediate notification if employees fail to report at their scheduled destinations. If employees do not clock -in onsite when their shifts begin, a manager uses our mobile technology to immediately locate and secure a replacement staff member. This ensures a fully staffed team at the facility every shift. -1)1 ASc Jh 'A\ Quality assurance is the foundation of the success MEEM. All our efforts are directed by our commitment to provide consistent, reliable, and customer -focused services. Through our quality assurance program, we are constantly exploring ways to improve the condition and value of each client facility. Our multidimensional approach ensures the best possible performance and significantly reduces the influence of human error in the field. Our quality assurance program is designed to ensure client satisfaction, guarantee quality performance, and confirm compliance. Quality Control Program MBM's QC program covers three key aspects of service: proactive quality assurance, cutting -edge technology, and industry -leading labor management. Our QC program covers nine key points: ENVIRONMENTAL HEALTH & SAFETY d,111, REPORTING e o- 1 CUSTOMER SURVEYS TIME KEEPING & NOTIFICATIONS HUMAN RESOURCE ACCESS CUSTOMER SATISFACflON INSPECTIONS SERVICE REQUESTS WORK ORDER TRACKING 1 1 1 III . III .. RIB IItIIIII Bus... ■ 5 PROJECT CALENDARS FOR PERIODIC SERVICES :PING AND HR ACCESS MBM's mobile technology enables us to communicate with and coordinate our employees. Through this technology, we can monitor employee departures and arrivals in real time; manage employee schedules; fill open positions; ensure accurate payroll information; and contact employees. By using technology to simplify our 1=IR efforts, our cleaning teams are able to spend more time serving in the facility and less time on administrative tasks, which increases our efficiency and accountability. WORK ORDERS AND PROJECT CALENDARS Our project management system tracks all service activities and customer requests. Once a work order is entered in the system, an automatic notification is sent to the corresponding manager. The work order is tracked through the system to completion and monitored to ensure timely responses. Periodic tasks are also entered into this system, as well as being noted on a comprehensive service calendar. These calendars incorporate all the different service tasks to be done at a facility and divide periodic tasks into reasonable and equal weekly workloads. These calendars are then used to generate detailed weekly assignments for cleaning teams. INSPECTIONS AND REPORTING We perform regular inspections and periodic audits to review all aspects of MBM's contract performance. During an inspection, we review service performance; compliance with laws, certifications, and training; and responses to customer needs and customer satisfaction. MBM can provide different levels of inspection, ranging from informal daily inspections to quarterly formal inspections. Performing inspections on a regular basis enables us to immediately identify if there are any areas where we could improve our services and then make the changes necessary to do so. In addition to reviewing each aspect of our scope of service during inspections, we also review KPIs and Gap Analysis to ensure we are providing our clients with tailored, quality services. Quarterly Report Dashboard QA Score by State Average QA Score Month To Date 89.319'u • • • _- • ._ • _. Audits Completed Month To Date Audit Deficiencies By Supervisor "I NI . ;' / 1 11/ / / ' 1 / '/////"///=/ I /!// rii Work Orders Billable VS. Non -Billable 1 YTD Work Orders Jan 2, 2018 - Jan 25, 2019 N 111 1-AI ■II N 11 lit ■ 111i ■■11 11N • :s S ting kuse • ars • ..,t-tea • .4 %.'.S.,. tsar • 1.« • .r s; :fleas tort �aCalm, ■ es+ets•-a-, • i•n fax - • ... r.. • Ur•t.. SACS a :•••••1117,11 111 1. nisei 2c.1 r4 tr.-V. noari •rsn '1V I=very formal inspection has a corresponding report form that is completed and logged in a centralized database. We use a web -based quality assurance tool that allows us to track and manage inspections and reports directly from client accounts in real time. Our reports can be customized to meet client KPI's and preferences. We readily provide our clients with the results of their inspection reports. SERVICE REQUESTS AND CUSTOMER SURVEYS If a client contacts us with a concern, the manager at the account performs an immediate site inspection. The manager will determine the source of the problem and develop a plan for resolving the situation. All action items —whether they are complaints, work orders, requests for service, or service deficiencies —are promptly escalated if they are not addressed immediately. All accounts have an internal escalation chart and items that are not resolved are automatically escalated to the next level of management. Escalation Action items are first the responsibility of the account manager and are automatically escalated if they are not immediately reconciled at this level. Although we have a defined process for escalation, issues are almost always immediately resolved at the local level. Local Level Area Manager r Director of Operations CEO Clients are invited to fill out a simple satisfaction survey on a quarterly basis. This survey helps us to measure our performance against client expectations. We share the results of these surveys with our onsite team so that they are aware of what they are doing well and potential areas for improvement. ENVIRONMENTAL HEALTH AND SAFETY All MBM associates share the belief that safety is an everyday concern and an integral part of every operation. Our employees are properly trained, careful, and alert, and they provide our clients with cleaner, safer facilities. Our goal is zero injuries and we work with our clients to design and implement site -specific safety programs. MBM's Safety360 program is at the center of our safety initiatives. Safety360 is a behavior -based program built on the fundamentals of risk exposure, hazard identification and incident prevention. Our program is a comprehensive, proactive, and multidimensional initiative that adheres to the hazard control methods established by the National Institute for Occupational Safety and Health (NIOSH). Hazard Control MBM is dedicated to providing our clients and our staff with a safe and healthy environment. Our teams use industry -proved hazard control methods to constantly live a culture of safety and create safe environments wherever they go. ELIMINATION Physically remove the hazard PPE Protect the worker with Personal Protective Equipment SUBSTITUTION Replace the hazard HAZARD CONTROL METHODS ADMIN CONTROLS Change the way people work ENGINEERING CONTROLS Isolate people from the hazard Through Safety360's philosophical approach to safety MBM has been able to maintain Occupational Safety and Health Administration (OSHA) injury and insurance rates below the industry standards for janitorial, security, and building equipment contractors. Training is key to creating and maintaining safety awareness throughout our company. Safety training is an ongoing process for our employees, continuing throughout their MBM careers. Cleaners receive safety awareness training upon hire and yearly refresher training. We also conduct a site -specific hazard analysis for each account and based on the findings, the cleaners receive additional trainings to prepare them to safely service the account. Cleaners also receive ongoing training during daily safety briefings at the job site and additional site -specific training occurs whenever physical or procedural changes at the job site result in new potential safety hazards. • • i\vA 1 n J:1 . EVEN- VE AT ON SERV c ES iriatgrfit. 4,4% TOUCHPOINT DISINFECTING SOLUTIONS FOR A HEALTHIER FA dtt drrfirtita Cr*IM •w s. f • LITY:7t :it • IS MICROBIAL rREVENTION AND REMEDIATION- As a building service provider, Marsden works to provide the healthiest facilities possible for our clients. Our Microbial Preventative and Remediation program is a standardized disinfecting program that includes CDC recommendations and additional Marsden processes. Our program helps to break the chain of infection and decrease the probability of people in the workplace becoming ill. Although we cannot guarantee that facility occupants will not get sick, research demonstrates that a thorough disinfecting process does reduce the likelihood of illness. As new diseases and mutations are identified, such as COVID-19 (Coronavirus), we work carefully with the CDC, WHO, and our chemical suppliers to determine appropriate responses. The spread of COVID-19 is an evolving situation and thousands of scientists across the world are working to better understand and respond to this new, highly contagious pathogen. Marsden continually monitors the updates regarding COVID-19 and as more information becomes available, our plan evolves to respond effectively. MICROBES IN THE WORKPLACE n Within the first two weeks of 2020, the CDC estimated there were 13 millior cases of the flu in America Certain microbes multiply quickly; a single bacterium can generate 65,386 bacteria within 4 hours 80% of infections are spread An through hand contact (via workdays are missed annually person -to -person contact or just for the common cold by touching a surface) The flu virus can live on a surface for up to 8 hours; other microbes can live up to 3 days on surfaces The average office phone has more than 15,000 germs per square inch; desks have 20,000 per square inch $ MOO fafea flea p� estimated 50 million Illnesses cost US companies approximately $74 billion annually in decreased productivity and absenteeism Break rooms are a key area for microbe control; microbes can spread from the break room to over 50% of the office's surfaces in just 4 hours Sources include www.cdc.gov; Sitzman, Kathy (2006). Workplace Germs. AAOHN Journal, 54(7); Lally, Siobhan (2014). Healthy Workplace Project: Creating Healthier, More Productive Workplaces. Professional Safety, 59(3); Mollenkamp, Becky (2004). Germ Warfare: Cleaners and Disinfectants; and Milian, Naomi (2020). Common Sense Steps to Prevent Coronavirus, Other Infections in Facilities. Please contact your Marsden representative for a customized program for your facility. Tony Fowler, VP of Marsden Restoration I tfowler@marsden.com I 480.881.8266 Dennis Boyd, Director of Healthcare solutions dboyd@marsden.com I 281.224.0981 SERVICES ��'�� MARSDEN THE PROGRAM Marsden's disinfecting program focuses on touchpoint sanitation. A touchpoint is a frequently touched item or surface. Touchpoints have a high likelihood of becoming contaminated with microbes; disinfecting touchpoints helps to break the chain of infection in a facility. Our program helps our clients: • Reduce absenteeism due to sick days • Protect employees from workplace illness • Stop the spread of microbes within the workplace • Reinforce employee confidence by reducing their fear of infection in the workplace • Protect productivity by limiting infections and establishing a healthy workplace PROGRAM LEVELS Marsden offers a standardized disinfecting program to help mitigate the spread of viruses and pathogens in the workplace. In order to best accommodate our clients' needs and situations, we have three different service levels. Marsden uses EPA -registered, hospital grade disinfectants to disinfect all touchpoint surfaces as directed by the client. Common touchpoints we would disinfect include door handles, Tight switches, handrails, time clocks, Keyboards/mouses, vending machines, faucets, phones and headsets, copier screens, and chair armrests. DEEP CLEAN WITH ATP TESTING Level 2 uses the same disinfectants and touchpoint sanitation as in Level 1, but Level 2 includes a process for precleaning, disinfecting, and when necessary, electrostatic fogging. The entire area — or building — is vacated and everything below ceiling level is disinfected according to the following process: precleaning of all surfaces of building components and building personal property; disinfecting of all surfaces within the building/area and all personal property; deploying electrostatic fog disinfectant treatment of interior surfaces if necessary; utilizing ATP testing to confirm disinfection; and sending the ATP results to a hygienist, who prepares a clearance report. Marsden's Level 3 response is designed for facilities in which occupants cannot be removed, such as high traffic public facilities or hospitals. In Level 3, Marsden uses the same disinfectants and processes as Level 2 with the addition of setting up a containment area with negative pressure and providing an onsite hygienist to perform ATP testing and oversight. Please contact your Marsden representative for a customized program for your facility. Tony Fowler, VP of Marsden Restoration I tfowler@marsden.com I 480.881.8266 Dennis Boyd, Director of Healthcare Solutions I dboyd@marsden.com I 281.224.0981 MARSDENERVESSIC ij L)) December 29, 2020 The following represents the pricing for Janitorial Services and Consumables at Public Works's facility, located at 625 Glenwood Street Waterloo, IA 50703. Services Janitorial Services igt Consumables Price Per Frequency $ 2,452.15 Per Month he effective date for this pricing is January 1, 2021. Prices are guaranteed through December 31, 2023 barring any major, unforeseen changes in payroll taxes, healthcare, or government initiatives. Prices do not include sales taxes as they may apply. Price Inclusions This is a full building price providing: o Associates(s) labor fi Corporate support o Cleaning chemicals & equipment ® Payroll -related taxes o Fill-in coverage Worker's compensation Local management team ® General liability insurance Service Agreements Marsden Bldg Maintenance, LLC requires a signed agreement before services begin. If Marsden is selected please send me a copy of the agreement to review and approve. In addition, the following items must be included: Names Marsden Bldg Maintenance, LLC (Please ensure our name is spelled exactly as it is listed here) Billing To accommodate all our customers and the various cut-off dates that each of them may have for processing vendors' invoices, we will normally bill for service around the 1st of each month. City of Waterloo Janitorial Services RFB Marsden Bldg Maintenance, LLC o Requested Exceptions 15.5. Hold Harmless: The Contractor shall defend, indemnify and hold harmless the City of Waterloo, its officers, employees, agents, and/or representatives from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of the contract, to the extent arising from the negligent intentional acts or omissions of the Contractor, its officers, agents or employees. MBM will comply with the above. However, we ask that you make an addition to this section in order to provide mutual indemnification for both parties. For example: The City shall defend, indemnify and hold Marsden Bldg Maintenance (MBM) harmless from and against all claims, liability, costs, or expenses for any injury or death to any person or damage to any property arising out of or in any way relating to any act or omission of the City at Cities sole expense. EXHIBIT "A" FORM OF CONTRACT CONTRACT FOR JANITORIAL SERVICES Public Works Facility This Contract for Janitorial Services (the `Contract") is entered into as of , 2021 by and between the City of Waterloo, Iowa ("City") and Marsden Bldg Maintenance, LLC ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period of three (3) years after the date of this Contract, ending December 31, 2023, subject to extension upon the mutual written agreement of the parties the Contractor agrees to furnish all supervision, personnel, labor, materials, tools equipment, and services and to perform and substantially complete all work as described in the Contract Documents (defined below) at City's Public Works Facility. Contractor shall provide the above services at the cost set forth in Contractor's RFP response Contractor's invoice for services authorized under this Contract shall be submitted on a monthly basis and will be paid within thirty (30) days after receipt. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the Contract terms. 2. Contract Documents. The Contract Documents consist of the following: a. This Contract b. Request for Bids c. Addenda, if any d. Response (Proposal or Bid) from the Contractor e. Contractor's completed and signed Bid Form These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall govern 3. Communication. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement is necessary or advisable for successful and timely completion of the project work. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. 4. Personnel Changes. Upon written request from City, Contractor will remove from service any employee assigned to Client's premises who has engaged in improper conduct, including but not limited to a failure to perform Contractor's duties hereunder, and shall furnish such additional and qualified personnel as may be necessary. 1 5. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall keep a report of all damage and shall promptly report same to City. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 6. Default; Termination for Cause In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option* a) by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b) charge Contractor a sum equal to the City's costs to remedy Contractor's non- compliance, including but not limited to actual costs incurred by City in paying a third -party contractor or the actual costs (salary and benefits) of time devoted by City personnel performing the work; c) declare a default of this Contract and terminate this Contract by delivery to Contractor of written notice of termination; and/or d) take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. City shall notify Contractor in writing of any charges assessed under paragraph b) above, and City may recover such charges by deduction from City's payment to Contractor at any time after 30 days from delivery of notice. No delay in enforcing the provisions of this section as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 7. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. Either party may also choose to terminate this Contract at any time by delivering to the other party a 90-days' advance written notice of intent to terminate. 8. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 2 9. Independent Contractor. Contractor is an independent contractor and is not an employee, servant agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees. 10. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest agrees to comply with the anti -discrimination laws of the State of Iowa and ordinances of the City of Waterloo, which are herein incorporated by reference and made a part of this Contract. 11. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason a court finds that any provision of this Contract is invalid, illegal or unenforceable as written, but that by limiting such provision it would become valid legal, and enforceable then such provision shall be deemed to be written and shall be construed and enforced as so limited. 12. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Janitorial Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Gabriel Velasquez, General Manager Attest: Kelley Felchle, City Clerk 3 EXHIBIT "A" FORM OF CONTRACT CONTRACT FOR JANITORIAL SERVICES Public Works Facility This Contract for Janitorial Services (the `Contract") is entered into as of , 2021 by and between the City of Waterloo, Iowa ("City") and Marsden Bldg Maintenance, LLC ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period of three (3) years after the date of this Contract, ending December 31, 2023, subject to extension upon the mutual written agreement of the parties the Contractor agrees to furnish all supervision, personnel, labor, materials, tools equipment, and services and to perform and substantially complete all work as described in the Contract Documents (defined below) at City's Public Works Facility. Contractor shall provide the above services at the cost set forth in Contractor's RFP response. Contractor's invoice for services authorized under this Contract shall be submitted on a monthly basis and will be paid within thirty (30) days after receipt. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the Contract terms. 2. Contract Documents. The Contract Documents consist of the following: a. This Contract b. Request for Bids c. Addenda, if any d. Response (Proposal or Bid) from the Contractor e. Contractor's completed and signed Bid Form These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall govern. 3. Communication. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement is necessary or advisable for successful and timely completion of the project work. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. 4. Personnel Changes. Upon written request from City, Contractor will remove from service any employee assigned to Client's premises who has engaged in improper conduct, including but not limited to a failure to perform Contractor's duties hereunder, and shall furnish such additional and qualified personnel as may be necessary. 1 9. Independent Contractor. Contractor is an independent contractor and is not an employee, servant agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees. 10. Anti -Discrimination During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa and ordinances of the City of Waterloo, which are herein incorporated by reference and made a part of this Contract. 11.. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason a court finds that any provision of this Contract is invalid, illegal or unenforceable as written, but that by limiting such provision it would become valid legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 12. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Janitorial Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Gabriel Velasquez, General Manager Attest: Kelley Felchle, City Clerk 3 Travelers Casualty and Surety Company of America Hartford, CT 06183 CONTRACTOR: \ru;(', ltL'ul ytulr(.c watt n(l(f! ('Vy( MARSDEN BUILDING MAINTENANCE 2124 UNIVERSITY AVE. W. Saint Paul MN 55114 OWNER: i Aloam (('L'ul ow/ uthb'('c.N( City of Waterloo 715 Mulberry St. Waterloo, IA 50703 BOND AMOUNT: Five Percent of the Bid Submitted PROJECT: \ (tut('. / notion or ad(/Pi,„. Una l'rojecl nunrhPr, (Dual•( City of Waterloo Public Works Janitorial Services SURETY: \'orur leg"' ti'I(rlu.r on(llrrrurilprrlltlu((' of hrr.cin('" 1 Tr:nctcrs Casualac and Surds (nniiiun} or,\nmrica One Tower Square Hartford, CT 06183 The ('ontrnctor and Surety are bound to the (AN ner in the amount set forth above. I'or ibe payment of ii hich the C'onlrnclor and Surety bind Iheniset\cs, their heirs. executors. administrators. successors ind;issigns. jointly and severally. as provided herein 1 he conditions of this Bond arc such that if the (.)i~ ncr acccp is the hid of the Contactor «ithin the time specified in thae bid documents. or i\ ithin such lilac period as niav he agreed to bs the Owner and Contractor. and the Contractor either ( I) enters into a contract a nth the On ner in accordinec ii ith the terms of stick bid. and gives such bond or bonds as may be specified in the bidding or Conti ICI l)ocunicitts. t.tilia a sure(` adnutied in IlIL jurisdiction of the Project and otherwise accept iblc to the O1i Ilea. for the faithful performance of such Coarse.( and for die prompt payment of labor and material furnished in the prosecution thereof. or (2) prays to the Ovwncr the difference. not to exceed the amount of This Bond. bemccn the ;intouut specified in slid bid and such larger amount for Nwhich the Owner may in good Iailh contract twill, another party to perform lie nods co\ cred b\ said bid. then tliis obligation shall be null and void. othenyise to remain in bill force and effect. The Snrcis hereb' naives any notice of an agreement bcityeen the Otyner and Contractor To extend the time in twhich the Ou ner IIJ;i\ keep( tlic bid. \\giver or notice by the Surety shall not apply to anw extension exceeding sixty ((;n) days in the aggregate het and the time for acceptance of bids specified in the bicl dociiincnts. and the Ot\ ner and Contractor shall obtain the Surely 4S consent for an extension beyond sixty too) days, II' this Bond is issued in connection twittt a subcontractor's bid to a Contractor. the term Contractor in tliis Bond shall be deemed to be Subcontractor anti the terns Olvaaer shall be deemed to be Contractor. \\'hen this 13onci has been furnished to comply \yiih a statuton or other legal neguircntent ul the lot. ,lion of the Project. any provision in This Bond conflicting with snit.] stalttton or Iegtil requirement shall be deemed deleted hercfron] and pto\isions conforming to such stalutot\ or other legal requirement shall he deemed incorporited herein. \\hen so furnished. the intent is that this Bond shall be construed as a stattiton bond ;aid not as a common law bond. The Company executing this bond vouches that this document con o American Institute of Architects Document A310, 2010 edition Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS Thal Travelers Casualty and Surety Company of America. Travelers Casualty and Surely Company. and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the °Companies"). and that the Companies do hereby make. constitute and appoint Tracy Chehoski ofMINNEAPOLIS Minnesota , their True and lawful Attorney -in -Fact to sign. execute seal and acknowledge any and all bonds. recognrzances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have caused this instrument lobe signed, and their corporate seals (o be hereto affixed. this 3rd day of February. 2017. Slate of Connecticut By. City of Hartford ss. Robert L. Raney, Senior Vice President On this the 3rd day of February, 2017. before me personally appeared Robert L. Raney. who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America. Travelers Casualty and Surely Company. and Sl. Paul Fire and Marine Insurance Company. and that he, as suchbeing authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer In Witness Whereof. I hereunto set my hand and official seal bly Commission expires the 30th day of June. 2021 arse C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and S urety Company of America. Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company. which resolutions are now in full force and effect. reading as follovrs: RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President. any Senior Vice President, any Vice President. any Second Vice President. the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances. contracts of indemnity, and other writings obligatory in the nature of a bondrecognizance. or conditional undertaking. and any of said officers or the Board of Directors a1 any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED. that the Chairman, the President. any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice P resident may delegate all or any part of the foregoing authority to one or more officers or employees of this Company. provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and tt is FURTHER RESOLVED. that any bond, recognizance. contract of indemnity. or writing obligatory in the nature of a bond. recognizance, or conditional undertaking shall be valid and bindng upon the Company when (a) signed by the President. any Vice Chairman. any Executive Vice President. any Senior Vice President or any Vice President any Second Vice President. the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant S ecretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal. if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED. that the signature of each of the following officers' President, any Executive Vice President, any Senior Vice President, any Vice P resident. any Assistant Vice President. any Secretary. any Assistant Secretary. and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I. Kevin E. Hughes. the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America. Travelers Casually and Surety Company. and SI Paul Fire and Marine Insurance Company. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which remains in full force and effect. Dated this 19th day of November 2020 Kevin E. Hughes. Assistant Se To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880, Please refer to the above -named Attorney in Fact and the details of the bond to which the power is attached.