26-007 - 2026 Janitorial Services - The Keller Pointe - FILLABLE.pdf

BID #26-007 | Janitorial Services – The Keller Pointe

City of Keller, Texas

INVITATION TO BID

The City of Keller, Texas (the City) is soliciting sealed bids for Janitorial Services – The Keller Pointe. The successful Contractor shall provide the specific equipment, staffing, supplies, and services described in these Bid Specifications.

ALL SUBMISSIONS MUST BE SUBMITTED ELECTRONICALLY

https://cityofkeller.ionwave.net Field Information BID Number 26-007 Subject Janitorial Services – The Keller Pointe BID Due Time/Date July 28, 2026, 2:00 P.M.

Mandatory Pre-Bid Conference / Tour

July 22, 2026, 11:00 A.M.

The Keller Pointe, 405 Rufe Snow Drive, Keller, Texas 76248

Total Keller Pointe Bid $ (dollars)

Total Alternate Task #1 $ (dollars)

Total Alternate Task #2

$ (dollars)

Contractor Information Company Information Authorized Representative Company Name: Signature:

Address: Printed Name:

City, State & Zip: Title:

Telephone: Date:

Email:

OFFICIAL SIGNATURE PAGE

THIS PAGE MUST BE COMPLETED OR THE BID WILL BE REJECTED.

Bid Form Return Checklist

Submit the completed forms and required attachments through the City of Keller IonWave portal unless otherwise instructed in an addendum.

No. Required Item Required Submitted 1 Signature Page X 2 Bid Pricing Acknowledgement X 3 Bid Bond X 4 Cooperative Purchasing X 5 Special Terms & Conditions/Escalation X 6 Insurance Affidavit X 7 References X 8 House Bill 89 Verification X 9 Conflict of Interest Questionnaire X

Failure to submit required forms may result in rejection of the bid.

1. Scope of Services

1.1 Facility Overview

The intent of this document is to define the minimum specifications for contract janitorial services for The Keller Pointe Aquatic and Fitness Facility. The Keller Pointe is a 91,767 sq. ft. facility, consisting of 63,103 sq. ft. indoors and 28,664

sq. ft. of outdoor leisure waters. The facility is open seven days per week, 362 days per year, with restricted hours on holidays. All City facilities are non-smoking. Specific section references below may not match Ionwave section references.

1.2 Facility Square Footage

Area Square Footage Natatorium 11,875 Cardio 5,124 Free Weight 4,126 Gymnasium 11,406 Track 4,500 Bear Creek Rooms (includes tile hallways and restrooms) 2,484 Kitchen 228 Aerobics Room 1,458 Activity Room 1,000 Pool Party Room 408 Stay N Play 955 Pavilion 1,260 Offices, Storage, Locker Rooms and Rest Rooms 17,979

1.3 Required Staffing and Hours

Staffing Category Minimum Staffing / Hours Service Expectation Day Staff One cleaner, Sunday–Saturday, 10:00 AM – 6:00 PM.

Provide basic housekeeping services, including restroom freshening, spot cleaning, and restocking supplies as necessary to keep all areas operational and clean for guest use. Day staff shall also assist with room preparation, tear down, and cleaning for events.

After Hours Staff Two cleaners per night, Sunday– Saturday, 10:00 PM – 6:00 AM.

Perform task-list cleaning and room preparation/tear-down required for deep cleaning of the facility each night. Weekly, monthly, quarterly, and annual tasks may require additional time or staff.

The facility requires an estimated total of 170–180 hours per week. Bidder must initial the pricing form acknowledging the estimated hours required.

1.4 Task Tables by Area

The Contractor shall perform the following tasks by area and frequency.

1.4.1 Bear Creek Rooms and Tile Hallways and Restrooms (2,484 sq. ft.)

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop tile; counters; sinks; cabinets; toilets; restroom floors; mirrors; restroom stalls — wipe down/disinfect; water fountains.

Empty trash.

Scrub hallway tile floor.

Scrub tile in restrooms, including grout.

Dust air returns.

Vacuum mats.

Clean rug by fountain.

Weekly Clean cobwebs from ceiling.

Dust air returns.

Monthly Elevated area cleaning.

Scrub tile and grout.

Steam clean rug by fountain.

Upon Request Set up tables/chairs.

Break down tables/chairs. Set-up and break-down instructions will be provided.

1.4.2 Kitchen (228 sq. ft.)

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop tile floor; counters; sinks; cabinets; walls; microwave; stove top.

Empty trash, including area under sink.

Weekly Clean cobwebs from ceiling.

Dust air returns.

Monthly Scrub tile and grout.

Disinfect ice machine.

Clean under refrigerator.

Clean range.

Clean under ice machine.

1.4.3 Stay N Play (955 sq. ft.)

All tasks to be performed after hours.

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop tile and flooring; counters; sinks; cabinets; walls; toilets; restroom floors;

mirrors; windows.

Empty trash.

Dust ledges.

Spot clean carpets and walls.

Vacuum carpets and rubberized floor.

Weekly Clean cobwebs from ceiling.

Dust air returns.

Saturday night/Sunday morning wet vac and dry rubberized flooring.

Monthly Elevated area cleaning.

Quarterly Steam clean carpet.

1.4.4 Activity Room (1,000 sq. ft.)

All tasks to be performed after hours.

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop floor; walls; windows.

Empty trash.

Dust cabinet and equipment.

Spot clean wall.

Vacuum carpets.

Weekly Dust air returns.

Monthly Elevated area cleaning.

Upon Request Set up tables/chairs.

Break down tables/chairs. Set-up and break-down instructions will be provided.

1.4.5 Natatorium (11,875 sq. ft.)

All tasks to be performed after hours.

Frequency / Timing Required Tasks After Hours Clean and disinfect: lower windows; doors.

Empty trash.

Spot clean walls.

Monthly Elevated area cleaning.

Quarterly Clean framework of slide.

1.4.6 Aquatics Office and Lifeguard Room (400 sq. ft.)

All tasks to be performed after hours.

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop floor; walls; windows.

Empty trash.

Dust cabinet and equipment.

Spot clean wall.

Weekly Dust air returns.

Monthly Elevated area cleaning.

1.4.7 Pool Party Room (408 sq. ft.)

All tasks to be performed after hours.

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop tile floors; counters; sinks; cabinets; walls; doors; windows; refrigerator.

Empty trash.

Weekly Scrub tile floors.

Dust air returns.

Monthly Elevated area cleaning.

1.4.8 Fitness, Free Weight and Trainer Areas (9,250 sq. ft.)

All tasks to be performed after hours.

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop fitness area with cleaner provided; windows; fitness equipment; free weights; weight racks; balls; exercise mats.

Empty trash.

Dust lower ledges, overhead HVAC duct, and floor fans.

Spot clean carpets and walls.

Vacuum carpets.

Weekly Dust fans.

Dust TVs and frames.

Monthly Elevated area cleaning.

1.4.9 Lobby and Front Desk

All tasks to be performed after hours.

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop floors nightly; front desk countertop; entry area; front of desk and trash cans; windows; front entrance doors.

Empty trash.

Dust overhead metal false ceiling.

Spot clean floors during the day, lobby furniture, walls, coffee area and bar stools, and customer tables/chairs.

Vacuum entry mats.

Weekly Scrub lobby hallway and floors, including grout.

Clean interior of trash/recycle bin holders.

Monthly Elevated area cleaning.

Steam clean rugs.

1.4.10 Administration Offices

All tasks to be performed after hours.

Frequency / Timing Required Tasks After Hours Clean and disinfect: counters; sinks; cabinets; lunch tables; refrigerator; windows.

Empty trash.

Dust enclosed offices and office partitions.

Spot clean carpet.

Vacuum carpets.

Weekly Dust air returns.

Clean microwave.

Monthly Elevated area cleaning.

Clean under/behind refrigerator.

Quarterly Steam clean carpets, including front desk carpeted area.

Clean under/behind refrigerator

1.4.11 Track (4,500 sq. ft.)

All tasks to be performed after hours.

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop restroom floor; wet mop staircase floor; wet mop elevator; wet mop track;

counters; sinks; cabinets; walls; mirror; lockers; benches; toilet; track handrail; track windows; lower glass; staircase handrail; elevator door.

Empty trash.

Spot clean walls and carpet.

Vacuum carpets.

Frequency / Timing Required Tasks Weekly Dust air returns.

Monthly Elevated area cleaning.

Quarterly Steam clean carpets.

1.4.12 Aerobics Room (1,458 sq. ft.)

All tasks to be performed after hours, except noted items to be completed two times daily.

Frequency / Timing Required Tasks After Hours / Two Times Daily as Noted

Clean and disinfect: mirrors; walls; handrails; windows; exercise mats; mats under equipment;

stationary bikes — two times daily.

Clean stationary bikes — two times daily.

Empty trash.

Dust/dry mop wood floor — two times daily.

Dust window ledges and stationary bikes.

Monthly Elevated area cleaning.

Clean fans.

Annual Strip and wax wood floor.

1.4.13 Gymnasium (11,406 sq. ft.)

All tasks to be performed after hours.

Frequency / Timing Required Tasks After Hours Clean and disinfect: lockers; windows; exercise mats.

Empty trash.

Dust/dry mop floor and window ledges.

Spot clean walls and carpet.

Vacuum carpet.

Mop VCT tile.

Monthly Elevated area cleaning.

Quarterly Steam clean carpets.

Strip and wax VCT tile.

1.4.14 Locker Rooms

All tasks to be performed after hours.

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop floor; counters; sinks; cabinets; walls; mirrors; stalls; toilets; shower stalls; shower floors; shower curtains; mats; lockers; stainless steel items; restroom stalls.

Empty trash.

Weekly Clean fans.

Monthly Elevated area cleaning.

Scrub floors, including grout.

Scrub shower stalls to clean grout.

1.4.15 Outdoor Restrooms & Pavilion

Performed seasonally when the outdoor pool is open.

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop floor; counters; sinks; cabinets; walls; mirrors; stalls; toilets; shower floors; mats.

Empty trash.

Monthly Elevated area cleaning.

Scrub shower stalls and mats.

Seasonal Notes Outdoor facilities are open the Friday before Memorial Day through Labor Day.

Outdoor facilities must be power washed and deep cleaned prior to reopening.

1.4.16 Ticket Booth

Performed seasonally when the outdoor pool is open.

Frequency / Timing Required Tasks After Hours Clean and disinfect: wet mop floor; counters; windows; walls.

Empty trash.

Monthly Elevated area cleaning.

Seasonal Notes Ticket Booth is in operation the Friday before Memorial Day through Labor Day.

1.5 Additional Scope Requirements

Topic Requirement Trash and Recycling Trash emptied from all areas of The Keller Pointe shall be bagged and deposited daily in the trash dumpsters supplied by the City of Keller. This includes both regular and recycled trash. Dumpsters must be closed after each deposit to comply with health codes.

Restroom Supplies All restroom supplies shall be restocked after hours and daily as needed.

Daily Task Lists Task lists are provided as part of this bid and must be completed daily and turned in to the Building

Operations Supervisor or designated City representative.

Contractor-Provided Items The janitorial vendor shall provide all cleaning supplies and equipment required for services provided at

The Keller Pointe.

City-Provided Items The City of Keller provides toilet tissue, paper towels, shower and hand soaps, hand disinfectant gel, urinal shields, and special cleaner for the rubberized floors in the fitness area.

Facility Use Janitorial staff are prohibited from using The Keller Pointe facility services, including equipment, pools, hot tub, weights, and similar amenities, during work hours, breaks, or after building operation hours. Janitorial staff must exit through side doors only. Staff may purchase a membership and use the facility during non-working hours under the same guidelines as all other members.

Security Alarms The successful bidder is responsible for re-setting any security alarms associated with its work or access to the facility.

Task Audits The Keller Pointe may perform routine task audits periodically during hours of operation.

Elevated Area Cleaning Tasks include removal of visible dust, dirt, cobwebs, and debris from elevated surfaces and fixtures in the assigned area. This may include HVAC grilles/registers, exposed ductwork, ceiling tiles and grids, beams, ledges, conduit, wires, architectural features, banners, signage, light fixtures, and fan housings or blades.

This work does not include internal HVAC duct cleaning, repairs, or removal/reinstallation of fixtures unless approved by the City. If a specific elevated item is listed separately in a task table, the task-table frequency controls.

1.6 Bid Pricing

NOTE: THIS FACILITY REQUIRES AN ESTIMATED TOTAL OF 170–180 HOURS PER WEEK.

Bidder initials acknowledging the estimated hours required: __________

Bid Item Monthly Bid Multiplier Total Day Staff Bid

$ × 12 months $ After Hours Staff Bid

$ × 12 months $ Total Keller Pointe Bid

1.7 Staff Requirements

Minimum Staff Qualifications

Requirements Staff shall be skilled and knowledgeable about cleaning techniques for a variety of surfaces.

Staff shall understand the importance of sanitization and know when sanitization is required.

Staff shall understand the importance of cleanliness in public areas and how to perform work efficiently with minimum disruption to facility users and City staff.

Staff shall maintain cleaning equipment and know how to use it properly.

Staff shall maintain good communication skills; conversational English is required for staff assigned to communicate with City personnel and members, and all staff must be able to understand instructions, warning labels, signs, and safety requirements.

Staff shall maintain a pleasant disposition, and report in uniform and maintain good hygiene at all times.

Topic Requirement Holiday / Absence Coverage All janitorial staff must be able to work holidays. If a staff member is absent, the Contractor shall provide replacement staff within two hours of that employee’s scheduled start time.

Weekly Walkthrough A representative of the successful bidder shall meet with the facility representative weekly to complete a facility walkthrough and discuss janitorial staff job performance.

Access Badges Janitorial staff members will be provided access badges by the City of Keller. Contractor is responsible for safeguarding all access credentials.

Spills / Spot Cleaning Janitorial staff shall clean accidental spills and perform spot cleaning throughout the day, and shall dispose of trash inside and outside the facility.

No Guests / Children

Janitorial staff are prohibited from allowing any person, including children, to accompany them on City premises during working hours or to enter the building after working hours.

Service Deficiency Penalty If tasks are not completed according to specifications, the vendor will be notified by City staff and tasks must be completed within 24–48 hours depending on priority level. If tasks are not completed within that period, a penalty of two percent (2%) of the monthly bill will be deducted from payment.

1.8 Alternate Bid Items

These alternate bid items are in addition to the base scope of services and may be utilized on an as-needed basis. Bids for alternate bid items shall include cost of services per task.

Alternate Description Cost Per Occurrence Alternate Bid Task #1 Resurface wood floor of group exercise room and gymnasium (9,000 sq. ft.)

using oil-based product.

Alternate Bid Task #2 Clean all interior and exterior windows and ledges; remove calcium deposits if necessary; remove stains from designated areas of exterior windows if necessary. $

2. Instructions to Bidders

2.1 Document Control and Incorporated Terms

Instruction Requirement Solicitation Type This solicitation is an Invitation to Bid / Request for Bids for Janitorial Services - The Keller Pointe.

Incorporated Standard Terms If included as an attachment to this solicitation, the City of Keller Standard Terms and Conditions for

Solicitations and Contracts, are incorporated into this solicitation and any resulting contract as if fully set forth herein. By submitting a BID, the Bidder acknowledges receipt of and agrees to comply with those Standard Terms and Conditions, except only to the extent a written exception is submitted in the manner required by this solicitation and expressly accepted by the City in writing.

Order of Precedence In the event of conflict among solicitation documents, the following order of precedence shall apply: written addenda issued by the City; the executed contract or purchase order; project-specific terms and conditions in this solicitation; Scope of Services and technical specifications; City of Keller Standard Terms and Conditions, if attached or incorporated; bid forms, pricing sheets, and required attachments; and the Bidder’s submitted response, but only to the extent accepted by the City in writing.

Project-Specific Terms Keller Pointe-specific staffing, security, facility-use, scope, service-deficiency, supplies, task-list, and alternate bid item requirements remain project-specific requirements and control over general terms where the project-specific language is more specific.

Terminology Terminology - Throughout this document, the terms Contractor, Bidder, Proposer, and/or Vendor may be used interchangeably. Reference to any of these terms throughout this document should be construed by the reader as meaning any bidder for the products/services being requested (e.g., Bidder, Proposer); or the bidder who has been awarded a bid/BID or contract (e.g., Contractor, Vendor).

2.2 Bid Submission and Award

Instruction Requirement

1. BID Instructions A. Completed BIDs will be received until the date and time stated on the Signature Page and in IonWave through the City of Keller IonWave portal. BID responses received after the closing time and date will not be accepted. BIDs will then be promptly opened and read aloud.

The City WILL NOT ACCEPT a BID response or alterations to a BID response via fax or e-mail. Fax and e-mail communications are available for informational inquiries only. No BID responses received via fax or e-mail will be considered under any circumstances.

C. The City will not release any information of Vendor’s who have received the BID Specifications until such BIDs have been opened and read aloud.

D. BIDDERS MUST ATTEND A MANDATORY PRE-BID CONFERENCE ON the mandatory pre-bid date and time stated on the Signature Page and in IonWave. ANY BIDDER NOT IN ATTENDANCE AT THE PRE- BID

CONFERENCE WILL NOT BE CONSIDERED FOR THE CONTRACT.

E. Bidders are to bid on all items as specified. Base Bids will be awarded to one bidder based on the total bid for the services specified. Alternate Bids may be awarded to one vendor based on their total bid for all alternates.

2. Signatures All BID responses must be signed by an authorized representative of the Contractor. Unsigned BID responses will not be considered under any circumstances. Signatures on all BID responses acknowledge Contractor’s agreement to comply with all stipulations and requirements contained in the Invitation for BID and BID Specifications, unless stated otherwise in writing by Contractor under "Deviations."

3. Deviations Between BID Specifications And Delivered Item(S)

Prior to acceptance of the quoted commodity, the City reserves the right to perform a visual inspection and physical demonstration to verify compliance with all BID specifications and operational requirements.

Should the products/services fail to meet the specifications as required in the BID, Contractor agrees that the City may elect to do one of the following:

A. Reject the BID and void the purchase as to any and all BID items;

B. Require specific performance by the successful Contractor at no additional cost to the City; or C. Hire outside sources to correct deviations at Contractor's expense.

4. BID Award/Evaluation Criteria A. The City reserves the right to reject any or all BIDs, in whole or in part; to waive any informality in any BID;

and to accept the BID which, in its sole discretion, is in the best interest of the City. The City further reserves the right to award BIDs by item, combination or groups of items, or total BID. Vendors submitting on an "All or None" basis must so indicate on the BID.

B. The BID award shall be based on, but not necessarily limited to, the following factors:

a) total price

b) special needs and requirements of the City

c) results of reference checks

d) Contractor’s past performance with the City

e) Local vendor preference (if business is located within the City of Keller)

f) Participation in E-Verify program

g) City’s evaluation of Contractor’s ability to perform C. BIDs do not become contracts until they are awarded by the City Council and accepted by issuance of a Purchase Order or Contract by the City of Keller.

Instruction Requirement D. The City may make such investigations as it deems necessary to determine the ability of the Contractor to provide satisfactory performance in accordance with specifications, and the Contractor shall furnish to the City all such information and data for this purpose as the City may request. The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Keller that it has the necessary facilities, ability, human and financial resources to provide the work specified therein in a satisfactory manner. The bidder may also be required to give a past history and in order to satisfy the City of Keller in regard to the bidder’s qualifications. The City of Keller reserves the right to reject any BID if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Keller that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein.

Evaluation of the bidder’s qualifications shall include:

• The ability, capacity, skill and financial resources to perform the work or provide the service required;

• The ability of the bidder to perform the work promptly or within the time specified, without delay or interference;

• The character, integrity, reputation, judgment, experience and efficiency of the bidder; and

• The quality of performance on previous contracts or work.

E. Continuing non-performance of the Contractor by failure to meet the terms of the Specifications shall be a basis for the termination of the contract by the City.

The City of Keller accepts no responsibility for any expense incurred in the preparation and presentation of a BID. Such expenses shall be borne exclusively by the bidder.

5. Local Vendor Preference The City may apply a local vendor preference only to the extent authorized by Texas law, City policy, and the solicitation documents. A Bidder requesting local vendor consideration must identify its principal place of business as being located within the city limits of the City of Keller and provide documentation reasonably requested by the City. Any local vendor preference shall be applied only if the City determines that it is legally available for the contract type and amount, and any award based on local preference shall require the applicable City approval and written determination.

6. E-Verify Participation E-Verify participation is not required for this solicitation unless otherwise required by law, grant condition, or written addendum. However, a Bidder may voluntarily identify whether it participates in the U.S. Department of Homeland Security’s E-Verify program. When bids are identical or substantially similar, and when otherwise permitted by applicable law and the solicitation documents, the City may consider documented E- Verify participation as a favorable factor in determining the lowest responsible Bidder or best value to the City. E-Verify participation does not guarantee award and does not waive or modify any other bid, contract, insurance, bonding, staffing, or performance requirement.

Does the bidder participate in E-Verify? Indicate (✔️) [ ] Yes [ ] No ________ Initial If yes, attach documentation of provide E-Verify company identification/enrollment confirmation, if available.

7. Grievance Procedure The City of Keller provides for a grievance procedure for Contractors relating to specifications, terms, conditions, and instructions. Contractors with questions relating to the above matters are to contact Ryan Lee, Budget & Purchasing Manager (817)743-4006, rlee@cityofkeller.com or Pamela McGee, Assistant Director of Finance, (817)743-4028, pmcgee@cityofkeller.com. If such matters have not been brought to the attention of the City staff prior to five days before the opening date, the City considers the BID request to be acceptable to all Contractors in all respects.

8. Exceptions/Alternates To BID Any interlineation, alteration, or erasure made before the deadline must be initialed by the signer of the BID, guaranteeing authenticity. Any exceptions or alternates to the BID are to be clearly indicated on the page entitled, “EXCEPTIONS/ALTERNATES TO BID” Any exceptions/alternate from specifications and alternate BID must be clearly shown with complete information provided by the Contractor. Exceptions/alternates to BID may or may not be considered by the City.

Changes prior to opening of BID must be submitted before the opening deadline through IonWave or another City-designated written method. No oral changes will be accepted.

9. BID Withdrawal Or Rejection The City reserves the right to withdraw the Invitation to BID for any reason or to reject any and all BIDs, or parts of all or any specific BID or BIDs. The City further reserves the right to accept part or all of any specific BID or BIDs, or any combination of BIDs, and to accept any BID or BIDs with or without trade-in.

After opening, bidders shall not be allowed to withdraw their BIDs unless an obvious mistake, supported by objective evidence that the mistake was unintentional, and approval by the City of Keller. Any request for withdrawal must be made in writing and substantiated by all original work papers, documents and other materials used in the preparation of the BID. Such request shall be received by the City within 1 day after opening. If permitted to withdraw its BID, the bidder shall not supply any material or labor, or perform any subcontract or other work in connection with the resulting contract. No partial withdrawals are permitted.

Prior to opening, bidders may withdraw simply by making a written request to the City of Keller, the City purchasing contact identified in the solicitation; no explanation is required.

10. Late BIDs BIDs received after the official BID opening date and time will not be considered. The time and date recorded by the City’s electronic bidding system shall be the official time of receipt. Contractor is solely responsible for ensuring that BIDs are received by the City on or before the BID due date and time.

mailto:rlee@cityofkeller.com mailto:pmcgee@cityofkeller.com

2.3 Pricing, Bid Forms, Addenda, and Contract Changes

Instruction Requirement

11. Prices Held Firm A. All prices quoted shall remain firm for the duration of the contract, unless otherwise specified by the City or Contractor. See Special Terms and Conditions.

B. Each BID shall be valid for one hundred twenty (120) calendar days after the opening date of the BID and shall constitute an irrevocable offer to the City of Keller for the 120 calendar day period. The 120 calendar day period may be extended by mutual agreement of the parties.

12. Price Decline Should there be a decline in the market price of the commodities provided during this agreement, then the City shall receive the benefit of such decline.

13. Samples Samples of items, when required, must be furnished to the City at no cost and if Contractor has not requested the return of the samples within thirty (30) days from the BID opening date, the samples may be either kept by or disposed of by the City.

14. Quantities A. To assist in establishing a total BID amount for BID tabulation purposes, estimated quantities may have been listed in the specifications, or on the BID tabulation form for each item. Bidder acknowledges that estimated quantities have been used, and further acknowledges that the City reserves the right to increase or decrease these quantities during this contract depending upon the City's needs and operations.

B. Materials delivered in error or in excess of the quantity ordered may, at the City’s option, be returned to Contractor at Contractor’s expense.

15. Unit Prices And Extensions If unit prices and their extensions do not coincide, the City will accept the BID price(s) resulting in the lesser amount(s).

16. Packing, Crating And Cartage A. The cost of all special packing, boxing, crating, or cartage shall be included in the pricing specified on the response, unless otherwise specifically stated in the City’s request. All packing, crating, or other debris resulting from the delivery or set-up of the commodity purchased shall be removed and properly disposed of by the successful Contractor.

B. A packing list or delivery ticket shall accompany each shipment and shall include, at a minimum, the following information:

1) name and address of vendor 2) name of receiving department 3) job site or delivery location 4) complete description of material(s) shipped, including quantity 5) purchase order number (if applicable)

17. Destination Charges All products offered shall be BID F.O.B., final destination (e.g., City of Keller), as designated, with all delivery charges to be prepaid by the successful Contractor. The City WILL NOT ACCEPT C.O.D. OR COLLECT

SHIPMENTS.

18. Title/Risk Of Loss The title and risk of loss of the goods shall not pass to the City until the City actually receives, takes possession, and accepts the goods at the point of delivery.

19. Delivery Date(s) And Location After receipt of the City’s order, the maximum number of days to initiate service/deliver the product shall be 2 days. This date may determine the award. Should Contractor be unable to deliver the product by the deadline, a 2% fee for delay per day will be assessed beginning on the first day following the promised delivery date.

Should tasks not be completed according to specifications, the vendor will be notified by City staff and tasks shall be completed within 24-48 hours, depending on priority level, NOT TO EXCEED 48 HOURS. Should Contractor not complete the tasks within 24-48 hours, 2% of the monthly fee for delay per day will be assessed beginning on the first day following, until the tasks are completed. This fee will be deducted from the City’s payment to the vendor.

20. Identical BIDs In the event of two or more identical low BIDs, the BID will be awarded as prescribed by Section 271.901 of the Texas Local Government Code.

21. Warranty Guarantees and warranties, when required, should be included as a part of the BID as they may be a consideration in awarding the BID.

22. Termination Of Agreement A. This agreement shall remain in effect until the date of expiration, delivery, and/or acceptance of products and/or performance of services ordered. This agreement may be terminated by either party with a thirty (30) day written notice to the other party. If terminated by Contractor, Contractor must state therein the reasons for such cancellation. Upon delivery of such notice, Contractor shall discontinue all services in connection with the performance of this agreement and shall proceed to immediately cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this agreement. As soon as practical after receipt of notice of termination, the Contractor shall submit a statement to the City for payment of that portion of the agreement successfully performed.

B. Breach of contract or default authorizes the City to exercise any or all of the following remedies:

1) take possession of the assigned premises and any fees accrued or becoming due to date.

2) take possession of all goods, fixtures, and materials of Contractor therein and may foreclose its lien against such personal property, applying the proceeds toward any fees due or thereinafter becoming due.

C. The City reserves the right to cancel the contract immediately if the City determines, in its sole discretion, the successful Contractor is not fulfilling the assigned responsibilities under the agreement and work or contract would be awarded to the next qualifying Contractor.

In the event the Contractor should fail to perform satisfactorily, keep or observe any of the terms and conditions to be performed, kept, or observed, the City shall provide the successful Contractor written notice of such default by certified mail; and in the event such default is not remedied to the satisfaction and approval of the City within two (2) working days of receipt of such notice by the successful Contractor, default shall be declared and all the successful Contractor’s rights shall terminate. Contractor, in submitting this BID, agrees that the City shall not be liable to prosecution for damages in the event that the City declares the Contractor in default.

E. The City reserves the right, in case of default, to procure the services from other sources and hold the defaulting Contractor responsible for any excess costs occasioned thereby.

23. Assignment Of Contract The Contractor’s rights and duties awarded by the agreement may not be assigned to another without written consent of the City, and signed by the City Manager, or his authorized designee. Such consent shall not relieve the assigner of the liability in the event of default by the assignee.

24. BID Ambiguity Any ambiguity in the BID resulting from an omission, error, lack of clarity or non-compliance by the Contractor with specifications, instructions and all conditions of BID shall be construed in the favor of the City. Bidder is solely responsible for understanding all aspects of BID specifications and BID instructions.

For clarification of these specifications, call Javier Lopez, Building Operations Supervisor at (817)743-4305, jlopez@cityofkeller.com.

25. Contract Deletions/Additions The City of Keller reserves the right to make changes to the contract if the City adds or deletes buildings or otherwise makes other permanent changes on property being maintained under this contact. If this occurs, City will negotiate deletions/additions and issue a change order. A thirty (30) day written notice will be issued. At the same time, City reserves the right to add to or delete from this contract. Additionally, the City reserves the right to cancel contract, based upon available funding.

26. Change Orders No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications. All change orders to this agreement will be made in writing and shall not be effective unless signed by an authorized representative of the City. Payment requests that exceed the contract/bid amount will not be processed until signed change order(s) are submitted to the Finance Department.

27. Modifications, Amendments and Addenda

The City shall have the right to modify the BID specifications, instructions, and terms and conditions prior to the BID submission deadline. The City will endeavor to notify all potential bidders that have received a copy of the BID specifications. However, failure to notify potential Bidders shall impose no obligation or liability on the City.

The City will endeavor to publish or issue notice of such modification or addenda through IonWave, the City website, and/or any other method required by applicable law. It is the Bidder’s responsibility to obtain all addenda information issued by the City.

28. Patent Indemnity The Contractor hereby warrants that the use or sale of the products and materials delivered hereunder will not infringe on the rights of any patent, copyright, or registered trademark, covering such materials and the Bidder agrees to indemnify and hold harmless the City for any and all costs, expenses, judgments, and damages which the City may have to pay or incur.

29. Gratuities/Gifts The City may, by written notice to the Contractor, cancel this agreement without liability to the Contractor if it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or otherwise, were offered or given by the Contractor, or its agent or representative to any City officer, employee, appointed or elected official, with respect to the award and/or performance of the agreement. In addition, the successful Contractor may be subject to penalties stated in Title 8 of the Texas Penal Code.

30. Response Form(S) To Be Used The BID quote must be submitted on the form(s) provided in the BID package in compliance with all conditions listed thereon, unless otherwise specified in the BID specifications. BIDs may be rejected if they show any omission, alterations, conditional clauses, or irregularities.

In the event you elect not to bid on this requirement, please fill out and return the attached “NO BID” response form.

31. Special Tools In the event that special tools are required for routine maintenance of equipment or products proposed, or to provide access to compartment areas, the Contractor shall provide these tools to the City at Contractor’s expense.

32. Operational Manuals If requested by the City, Contractor shall provide a complete set of operational instructions and descriptive literature for proper evaluation of the products and/or services quoted.

33. Safety Data Sheets (SDS) If required, BID shall include a SDS for each product quoted, if applicable.

2.4 Payment, Conduct, and Bidder Responsibility

Instruction Requirement

34. Employee Training The Contractor shall provide on-site (or classroom, if applicable) instruction to the designated City employee(s) as required to safely operate and maintain the item(s) purchased. This instruction and training shall be provided to the City at Contractor’s expense.

35. Orders And Payment Terms A. All BIDs shall specify terms and conditions of payment, which will be considered as part of, but not solely control, the award of BID. City review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, products and/or services. BIDs which call for payment before 30 days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the City, the review, inspection, and processing procedures can be completed as to the specific purchases within the specified time frame. Orders will be placed by authorized City personnel, and those orders exceeding three thousand dollars ($3,000.00) must be provided a Purchase Order Number to be valid. The Purchase Order number shall appear on all itemized invoices and packing slips. The City will not be responsible for any orders placed and/or delivered without a valid, current Purchase Order.

B. Payment(s) to Contractor will be made after satisfactory receipt of the product and/or services, as determined by the City, and receipt of invoice or other billing statement used by the Contractor. No payments will be made in advance of receipt of products and/or services, unless specified otherwise in the contract. It is the intention of the City to make payment on completed orders within thirty (30) days of receiving invoicing unless unusual circumstances arise. Prices quoted shall include all charges, including delivery, labor, equipment, and set-up fees. Likewise, invoices shall be fully documented as to labor, materials, equipment provided, set-up fees, and taxes (if applicable). Invoices are to be submitted to the following address:

City of Keller ATTN.: Accounts Payable 1100 Bear Creek Pkwy.

Keller, Texas 76248 C. The City operates on a fiscal year that ends September 30th. All invoices including work/services through September 30th must be submitted by October 31st. Invoices not received by this deadline may be subject to an Administrative Fee to be deducted from the payment request.

D. It is the policy of the City of Keller that ALL vendor checks will be mailed through the U S Post Office.

36. Use Of Purchasing Cards Contractor is encouraged to accept payment by Purchasing Card in order to expedite the ordering and payment process.

37. Negotiation Any attempt to negotiate or provide information on the contents of this BID with the City or its representatives prior to BID award shall be grounds for disqualification of the BID.

38. Price Fixing In submitting a BID response, Contractor thereby certifies that he has not participated in nor been party to any collusion, price fixing, or any other agreement or agreements with any company, firm or person(s) concerning the pricing on the enclosed BID.

39. References Contractor must provide a minimum of (3) verifiable reference where services are presently being performed by their firm through contract and have been provided for a minimum of the last twelve (12) months, preferably municipalities in the Dallas/Fort Worth Metroplex area. List references as Attachment I.

40. Confidentiality Of Documents In accordance with Local Government Code 252.049 trade secrets are confidential information in competitive sealed bids and are not open for public inspection.

After BID opening, except for BID amounts, names, and addresses of Contractors, all other BID documents and information will be deemed confidential during the evaluation process until formal action to award the BID or reject all BIDs has been taken by the City Council. Following award of the BID or rejection of all BIDs by the City Council, all BIDs shall then become public documents, available for public view upon written request. Copies of BIDs may then be requested by interested Contractors, citizens, or City officials.

41. Contacts With City Employees And Officers

In order to ensure fair and objective evaluation of BIDs, all questions related to this BID should be addressed only to the person(s) so named herein or in the BID Specifications. Contact with any other City employee, or any appointed or elected official without prior written consent of the person(s) so named herein is expressly prohibited. Contractors directly contacting other City employees or any appointed or elected officials without prior written consent will risk elimination of the BID from further consideration.

3. General Contract Terms and Conditions

3.1 Contract Administration and Operational Requirements

Term Requirement

42. Employee (Subcontractor) Identification

Contractor may be required to provide and enforce the use of uniforms and identification badges to personnel assigned under this contract. Uniform design (if applicable) is subject to approval by the City. The Contractor is responsible for cleaning of employee uniforms. Contractor is also responsible for the following:

• ensuring employees maintain a neat and clean appearance while providing the services;

• providing and enforcing the use of name badges;

• immediate collecting name badges of terminated employees; and

• checking employees’ proof of valid driver’s licenses every six months.

43. Identification Of Contractor Vehicles & Equipment

Contractor will be responsible for ensuring vehicles and equipment are clearly identified in a manner acceptable to the City, and be properly licensed and inspected in accordance with the State of Texas and Tarrant County regulations.

44. Employee Safety Contractor must provide and enforce the use of appropriate safety equipment.

45. Substance Abuse Possession, consumption of, and/or reporting for work under the influence of alcohol, controlled substances, and/or dangerous drugs by subContractors, officers, or employees of the Contractor will not be tolerated. Enforcement of this policy is the responsibility of Contractor.

46. Criminal History Background Check/Proof Of Legal

RESIDENCY Prior to each employee commencing work, Contractor must conduct a criminal history check acceptable to the City, and forward all reports to Ryan Lee, Budget & Purchasing Manager, 1100 Bear Creek Pkwy. Keller, Tx. 76248 or rlee@cityofkeller.com.

Prior to each employee commencing work, Contractor must forward copies of acceptable documents (see attached list of acceptable documents) proving legal residency to Ryan Lee, Budget & Purchasing Manager, 1100 Bear Creek Pkwy. Keller, Tx. 76248 or rlee@cityofkeller.com. Please forward one document from List A or List B AND one document from List C.

A list of employees working at this facility shall be provided to Ryan Lee, Budget & Purchasing Manager, 1100 Bear Creek Pkwy. Keller, Tx. 76248 or rlee@cityofkeller.com on the first day of each month.

47. Customer Relations Contractor is responsible for ensuring that its subContractors or employees conduct themselves in a courteous and professional manner when dealing with City employees, elected or appointed officials, Term Requirement residents, and/or customers of the City. The City reserves the right to reject any Contractor subContractor or employee and/or request replacement at any time.

48. Sales Taxes The City is exempt from most state and local sales taxes by state law. Therefore, the City does not possess a “tax exempt number.” The City will provide a sales tax exemption certificate to the vendor upon request.

The total for each BID submitted must include any applicable taxes. It is suggested that taxes, if any, be separately identified, itemized, and stated on each BID. The City cannot determine for the bidder whether or not the item(s) requested in the BID are taxable to the City. The bidder, through the bidder’s attorney or tax consultant, must make such determination. Bills submitted for taxes after the BIDs are awarded will not be honored.

49. Taxes, Permits, Licenses The Contractor shall obtain and pay for all licenses, permits and inspections required for the work. Upon written notification, the Contractor shall provide notarized copies of all valid licenses, permits and certificates required for performance of the work. The notarized copies shall be delivered to the City of Keller, Attn: Ryan Lee, Budget & Purchasing Manager, 1100 Bear Creek Pkwy. Keller, Tx. 76248 or rlee@cityofkeller.com within (10) days of notification.

50. Annual Contract Funding The City operates on a fiscal year that ends on September 30th. Because state law mandates that a municipality may not commit funds beyond a fiscal year, this BID/contract is subject to cancellation if funds for this commodity/service are not approved in the next fiscal year.

51. Cooperative Purchasing Bidders agree to extend prices, terms and conditions to any and all governmental entities that have entered into or will enter into a joint purchasing inter-local cooperation agreement with the City of Keller. As such, the City of Keller has executed an inter-local agreement with certain other governmental entities authorizing participation in a cooperative purchasing program. The bidder may be asked to provide products/services, based upon the BID price, to any other governmental entity. Bidder/vendor acknowledges that other governmental entities are eligible, but not obligated, to purchase products/services under this contract. Any and all purchases by governmental entities other than the City of Keller will be billed directly, and shall not be considered in any way an obligation of the City of Keller. As such, other governmental agencies will order their own products/services from the successful bidder as needed.

Should other governmental entities decide to participate in this contract, please indicate whether you, as bidder/vendor, agree that all terms, conditions, specifications, and pricing will apply.

Indicate (✔️) [ ] Yes [ ] No ________ Initial **Non-response to the Cooperative Purchasing Section will indicate the bidder does not wish to participate with other governmental entities.

52. Brand Names If items for which BIDs have been called for have been identified by a “brand name or equal” description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality characteristics of products that will be satisfactory. BIDs offering “equal” products will be considered for award if such products are clearly identified in the BIDs and are determined by the City to be equal in all material respects to the brand name products referenced. Unless the bidder clearly indicates in their BID that they are offering an “equal product”, their BID shall be considered as offering a brand name product referenced herein or in the BID specifications.

53. Contract Clause All bidders understand and agree that the bidder’s response to this BID invitation will become a legally binding contract upon acceptance in writing by the City. This contract may be superseded or amended only if replaced with a more extensive contract that is agreed to by both parties.

54. Contract Administration Under this contract, the City of Keller will appoint the City Manager or his/her designee as contract administrator with the designated responsibility to ensure compliance with performance of contract requirements. Such responsibilities will include, but will not be limited to, the inspection and acceptance of all products/services to be provided under this contract. If a product/service is found to be unsuitable or as required by this contract, the CONTRACTOR will be required to remedy the product/service at Contractor’s expense. Bidder will furnish written plan of action as to how and when correction of discrepancies will be accomplished in order to eliminate complaints. Bidder shall not handle any complaints or request from citizens. Any citizens’ concerns should be directed to the City Manager, his designee, or the appropriate City Department.

55. Failure To Enforce Failure by the City of Keller at any time to enforce the provisions of the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the City of Keller to enforce any provision at any time in accordance with its terms.

56. Independent Contractor The bidder who is awarded the contract shall be considered an…