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ORD 36955 - PO to Darn Dependable for janitorial services at traffic maintenance facility RECEIVED Public Woiics Department y Omaha/Douglas Civic Center 1819 Famam Street,Suite 601 pliark, Omaha,Nebraska 68183-0601 „ March 1 , 20050 t'; r- n;r (402)444-5220 461/04.4 CITY C i E�'t: Fax(402)444-5248 CityofOmahaHenry Vieregger,P.E. • Public Works Director Mike Fahey,Mayor � - Honorable President • and Members of the City Council, Transmitted herewith is a Bid Tabulation and an Ordinance approving a purchase order with Darn Dependable to provide janitorial services at the Traffic Maintenance Facility located at 4302 South 50th Street. The term of this janitorial service will be for three years and will cost • $5,768.00 per year. There will be no cost escalation during the first three years of the contract. After the three years are up, the contract can be extended twice for one year each, if approved by the City Council. If the City decides to extend the contract, there is a cost escalation formula in the contract for each of the last'two years. The following bids were received on January 21, 2005. A detailed bid tabulation is attached. Contractor Total Bid DARN DEPENDABLE $ 5,768.00 (LOW BID) Kleen Rite $ 8,940.00 Marsden Building Maintenance; $ 9,102.00 Camacho $ 9,600.00 Kelloggs Kleaning $ 9,720.00 FBG Services $ 9,982.00 Turners Lawn Care $10,500.00 Smith Building Maintenance $11,510.00 Brothers Contract Services $12,152.00 BK Commercial $12,600.00 Midwest Maintenance $12,840.00 TL General Contractors $19,880.00 • Starling Janitorial, Inc. $50,000.40 Caring Network, Inc. $78,590.00 Honorable President and Members of the City Council Page 2 The contractor has a current Annual Contract Compliance Report Form, CC-1, on file in the Human Relations Department. The Public Works Department recommends your consideration and approval of the attached Ordinance. Respect ully submitted, Referred to City Council for Consideration: A 14 /5 -/S-o enry ieregger, P.E. ate Mayor's Office Date Public Works Director Approved as to Funding: Approved: ,:>‘_1 jas / A4P-- -1-/J7/6.5 Carol A. Ebdon Date Gail Kinsey ompson Date Finance Director -/'f' Human Relations Director P:\PW2\11882pjm.doc ORDINANCE NO. C.3/egc' Y AN ORDINANCE approving a purchase order to Darn Dependable for janitorial services at the Traffic Maintenance Facility located at 4302 South 50th Street, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to authorize the Purchasing Agent to issue a purchase order to Darn Dependable in the amount of $5,768.00; to authorize the reimbursements to be paid from a specific account; and to provide an effective date hereof. WHEREAS, the Traffic Maintenance Facility located at 4302 South 50th Street has need for janitorial services and the Public Works Depai fluent has determined that it is in the best interest of the City to contract for this work from companies who regularly do that type of work; and, WHEREAS, the purchase h order will be for the janitorial services detailed in the bid specifications for the amount of$5,768.00 per year for each of three years from April 1, 2005; and, WHEREAS, the purchase order includes provisions to renew the service for up to two additional years in one year increments with a formula for cost escalation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City Council of the City of Omaha hereby approves a purchase order for the janitorial services listed in the bid specifications, which by this reference is made a part hereof, being for janitorial services at the Traffic Maintenance Facility located at 4302 South 50th Street. ORDINANCE NO. <36 9 5L- Page 2 Section 2. The Purchasing Agent is authorized to issue a purchase order in the amount of $5,768.00 per year for each of the three years from April 1, 2005 in accordance with the terms and conditions relative to such reimbursement. Section 3. That the reimbursement shall be made from the Traffic Engineering Organization 116183, Street and Highway Allocation Fund 12131. Section 4. That this Ordinance, being administrative in nature, shall take effect and be in full force upon the date of its passage. 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REQUEST FOR BID AND BID SHEET t•, i ON: JANITORIAL SERVICES-TRAFFIC MAINTENANCE FROM: P.M.Burke Published January 7,2005 City Purchasing Agent NOT AN ORDER Page 1 1003 Omaha-Douglas Civic Center 1819 Farnam Street Omaha,Nebraska 68183-0011 Bid Closing Date January 21,2005 11:00 A.M. IMPORTANT 4. BID MUST INCLUDE DELIVERY OR SHIPPING CHARGES. 1.Bid must be in the office of the CITY PURCHASING AGENT,1003 OMAHA-DOUGLAS 5.When submitting bid on items listed,bidder may on a separate sheet,make CIVIC CENTER,1819 Famam Street,Omaha,NE 68183-0011 by closing date and time suggestions covering reduction in costs wherever this is possible through indicated,in a sealed envelop marked BID ON: redesign,change of material or utilization of standard items or quantity change. JANITORIAL SERVICES-TRAFFIC MAINTENANCE 2. Right is reserved to accept or reject any or all bids in their entirety and the bidders shall 6. If you desire a copy of tabulation,check( j. have the right to appeal any decision to the City Council. Right is also reserved to PLEASE DO NOT CALL FOR THIS INFORMATION. accept or reject any part of your bid unless otherwise indicated by you. 7. If you do not desire to bid,return sheets with reasons for declining. Failure to do 3.If Federal Excise Tax applies,show amount of same and deduct. so will indicate your desire to be removed from our mailing list. Exemption certificates will be fumished. Do not include tax in bid. Quote your lowest price,best delivery and terms,F.O.B.delivery point on the item(s)listed below: QUANTITY DESCRIPTION UNIT PRICE EXTENSION Furnish all necessary labor, material, equipment and supervision • to perform satisfactory janitorial services at Traffic Maintenance • Facility, 4303 South 50th Street, subject to funding, per the attached specifications(10 pages). • Bid to be awarded to Total Annual Bid. All weekly, monthly, quarterly, semi-annual and annual services to be included in total bid. Monthly charge to be 1/12 of total. Contact person will be Pat Lulow at 444-5160 or Leanne Ziettlow at 444-5016. Facility tour will be held on January 14 beginning at 10:00 AM. By signing this bid, bidder certifies he has inspected job premises. • All contractors can obtain a current City of Omaha Certified Protected Business EnterpriselCertified Business Enterprise(PBEIDBE)listing from the City of Omaha website at www.ci.omaha.ne.us. Click on"DEPARTMENTS";Click on"HUMAN RELATIONS";Click on"PBE/DBE CERTIFIED LISTINGS". All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any questions regarding the Contract Compliance'Ordinance or PBEIDBE Listings should be directed to the Human Relations Department at(402)444-5055. * Refer any Questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown on bid. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms % Firm Incorporated in • Delivery(or completion) Name Signature calendar days following award Title Phone Fax • Address Street/P.O.Box City State Zip Email Address • CITY OF OMAHA REQUEST FOR BIDS ON: JANITORIAL SERVICES -TRAFFIC MAINTENANCE NOT AN ORDER Page 2 QUANTITY DESCRIPTION UNIT PRICE EXTENSION Traffic Maintenance Facility (Item K) Number 1 -Daily Services BID/month $ $ X12 = Number 2-Weekly Services BID/month $ $ X12 = Number 3 -Monthly Services BID/month $ . $ X12 = Number 4-Quarterly Services BID/quarter $ $ X 4 = Number 5-Semi Annual Services BID/semi-annually $ $ X2= Number 6-Annual Services BID/annually $ $ X 1 = ALL OR NONE/TOTAL ANNUAL BID $ INSURANCE The successful contractor shall provide a certificate of insurance indicating (1)adequate workers'compensation;(2)public liability in an amount not less • than$250,000 for injuries including accidental death to any person and subject to the same limit to each person in an amount of not less than$500,000 where more than one person is involved in any one accident;and(3)property damage insurance in an amount not less than$500,000;and naming the City of Omaha an additional insured. SIGN ALL COPIES Firm • By Title PH-8C (91) CONTINUATION SHEET SPECIFICATIONS FOR JANITORIAL SERVICES Traffic Maintenance 4303 South 50th Street Omaha,NE 68117 December, 2004 A. Cleaning Contract- General 1. Subject to the provisions in Item 2., the term of this janitorial service will be from approximately March 1, 2005 through February 29, 2008, extendable on a yearly basis for two additional years, March 1, 2008 through February 28, 2009, (fourth year) and March 1, 2009 through February 28, 2010 (fifth year) at the sole option of the City. Effective date for janitorial startup is subject to approval via Ordinance by the City Council of the City of Omaha, and subsequent award of a Purchase Order by the City Purchasing Agent. 2. The City of Omaha recognizes that during the term for providing janitorial service, changes may occur in the janitorial service provider's labor cost, applied overhead cost, supplies, and equipment. The City agrees that if the changes in the same have occurred in the preceding year and reflect those prevalent in the janitorial service area, the cleaning service may be entitled to like adjustments in the fourth and fifth year of the term, if the City agrees to extend these options. There will be no cost adjustments in the initial three year term. Prices will be firm as bid. Detailed documentation will be required for requested price increases to be considered at the end of the third year of service. The total bid cost may be revised for the fourth year option, if renewed, and then again in the fifth year option, if renewed. The bid total may be revised for each of these optional years, and will not exceed the Consumer Price Index "W" as established by the US Department of Labor, Bureau of Labor Statistics. The index obtained from Region VII will be used in the formula to determine the cost revision factor. New upper limit prices will be computed to the nearest cent. The escalator clause for anniversary date increase or decrease, depending upon the CPI Index, will remain continuously in effect during any optional year extension. 3. For this service term, the City will provide a small closet, locker, or storage room that the Contractor can use. The City will furnish the following material to the Contractor: paper towels, toilet tissues, lightbulbs and fluorescent lamps, and soft hand soap to be used to restock on a daily basis, all dispensers within the building. All other cleaning materials (including heavy duty plastic bags, trash can inserts, etc.) shall be supplied by the Contractor and be included in the bid. The Contractor shall replace all burned out lamps and lightbulbs where the fixture is thirteen (13) feet or lower. All materials and equipment must meet the approval Specifications for Janitorial Services Page 2 of the City Representative. The Representative can require changes in material if the material is shown to be sub-par in quality, consistency or other factors affecting the appearance or performance of the product. All equipment such as vacuum cleaners, buffers, carpet cleaners, ladders or any other tool, machine, or cleaning item shall be supplied by the Contractor and remain the property of the, Contractor. 4. No grounds and exterior maintenance will be done, except as noted. 5. It is understood between the parties that the prime purpose of this specification, and subsequent Purchase Order, is that the premises shall be kept clean, according to reasonable and accepted standards, and in accordance with these specifications, regardless of the number of times an operation is required to accomplish this purpose; and the times an operation is performed as shown herein are solely for guideline purposes and may not constitute satisfactory performance. 6. Contractor is adjudged to have sufficient experience in this field to determine with reasonable certainty the required amount of work (and therefore workers) and materials necessary to accomplish the above-stated purpose of this janitorial service. 7. City's judgment as to performance will be based primarily on the continuous acceptable appearance of the area and appurtenances rather than performance of a specific duty at a specific time for a specific number of times. 8. The premises shall be cleaned in a professional manner. All lighting and water usage shall be kept to minimum as required to complete satisfactory performance of the work. 9. A written schedule will be provided to the Traffic Maintenance representative for cleaning services required on monthly, quarterly, semi-annual and annual basis. B. Hours of Work 1. Cleaning services are to be performed during the period from 6:00 p.m. to 6:00 a.m., Monday through Friday of each week at 4303 South 50`h Street. 2. Work shall be done 52 weeks per year; however, no cleaning will be required on the following holidays: New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and the day after Thanksgiving Day, and Christmas. The hours and days of cleaning can be changed or modified upon mutual agreement by the Traffic Division representative or his designated representative. The Traffic Division contact person will be Pat Lulow, 444-5160. Specifications for Janitorial Services Page 3 C. Personnel 1. Contractor supervisory personnel are to be on call 24 hours per day. 2. Bonded personnel must be present at all times while service is being performed. All Contractor personnel must be identifiable by means of no less than a name plate, shirt patch, or badge with the Contractor's identification on the badge. 3. Personnel may be requested to have a security check. 4. Proper security precautions shall be maintained at all times. Security shall be a responsibility of all employees working in the area and protection of the building and all property must be of concern to the employee. Failure to follow security requirements will be reported to the supervisor and may result in the denial of access to the building. 5. The Contractor is responsible for the training of its employees. All employees of the Contractor utilized in the performance of this service must be trained to perform the services set forth in these specifications. 6. Employees will not be disciplined by the building officials. The Contractor's supervisor will be alerted as to any problems concerning employees of the building custodial service company. 7. The Traffic Maintenance Engineer or his designated representative shall have the authority to require the immediate removal from the site any employee of the custodial service company who shall be deemed incompetent or detrimental to the best interest of the work performed for the City of Omaha. D. Reports -Inspections 1. A designated Traffic Division representative will make frequent inspections of work performed and report findings to the Traffic Maintenance office. Reviews and inspections will be made together by a designated building custodial service company representative, and/or a designated City Representative to determine if services are being performed as required by the established cleaning specifications. 2. The Contractor's management personnel shall also make regular and frequent inspections to assure that work is being performed in accordance with specifications. 3. The Contractor will report to the designated Traffic Division Representative faulty or improper conditions which might need repairs or other attention. Specifications for Janitorial Services • Page 4 4. The Contractor should direct any questions or complaints to the designated Traffic Maintenance Representative or Superintendent. E. Termination of Services 1. Following formal written notice of non-compliance with specifications from the City in excess of three times in any one year period or less, the City may terminate its agreement with the Contractor. These notices will be separate from the notices in Paragraph F. If the Contractor is terminated, the City reserves the right to award janitorial services to the next lowest vendor. 2. In the event any facility is to be closed, the City may terminate the Agreement by giving the contractor written notice of termination thirty (30) days prior to the final day on which services are to be performed. F. Liquidated Damages Failures to perform duties or failure to perform duties in a satisfactory manner will be promptly reported to the Contractor by phone and followed up in writing. More than four such failures at only one location in any one month will result in a 10% discount on the amount of the bill for that facility for that month. More than eight such failures in a month will result in a 25% discount on the amount of the bill for that facility for that month. More than ten such failures in a month will relieve the City of any obligation to pay for service at that location for that month. Failure to show up at any facility on a scheduled cleaning day will result in a deduction of five (5) times the daily cleaning price for any location from the next billing. Any disagreement over whether services were performed or whether they were performed in a satisfactory manner will be settled by the Contractor's designated representative, The Traffic Division Superintendent (or his designated representative). The Contractor will be responsible for the repair or replacement of any damaged equipment or damages to the buildings that may occur during the course of carrying out the prescribed duties. G. References &Bidder Requirements Bidder must provide in proposal the names of two or more facilities of comparable size in ' which they currently provide janitorial services. Bidder must provide at least three additional references. List names of firms, addresses, phone numbers and name of contact persons. H. Insurance Requirements The Contractor agrees to furnish and keep in full force and effect during the period in which services are provided: Specifications for Janitorial Services Page 5 1. Workers' compensation and employer's liability as required by the laws of the State of Nebraska, covering all persons employed by the Contractor in the performance of the services set forth in these specifications. 2. Public liability insurance covering bodily injury or death for each occurrence in the amount of$250,000.00 to one person and $500,000.00 for death or injury to more than one person and property damage for each occurrence in the amount of $500,000.00. 3. The Contractor will provide the City with a Certificate of Insurance which names the City of Omaha as an additional insured under a policy which provides the required coverage. Indemnity&Hold Harmless The Contractor shall indemnify and hold harmless the City of Omaha, its officers, employees, and agents from all claims, suits or actions of every kind and character made upon or brought against the City of Omaha, its officers, employees and agents, for or on account of any injuries or damages received or sustained by any party or parties by or from the acts of the said Contractor or its servants, agents and subcontractors in doing the work herein contracted for, or by or in consequence of any negligence in guarding the same or any improper material used in its services, or by or on account of any act or omission of said Contractor or its servants, agents, and subcontractors; and also from all claims of damage in fulfilling this service. J. Billing Instructions The Contractor is to submit a monthly bill for services completed in the prior month at the start of the succeeding month. The first month's bill will be prorated by the actual number of days worked. Bills are to be sent to City of Omaha, Traffic Maintenance, 4303 South 50th Street, Omaha,Nebraska 68117. K. Services Required 1. Daily Services a. Pick up all trash from lawns and sidewalks. b. Sweep porches, entry sidewalks, steps, etc. c. Sweep other sidewalks as needed. Specifications for Janitorial Services Page 6 d. Clean all restrooms thoroughly, to include: (1) Wet mop floors with disinfectant. (2) Clean mirrors and bright metal. (3) Thoroughly clean toilets, urinals, and lavatories with a solution containing disinfectant; wash toilet partitions in all restrooms with disinfectant. Deodorizing blocks supplied by the Contractor shall be maintained daily in all urinals and toilets. (4) Refill soap, towel and tissue dispensers. (5) Remove completely all graffiti. (6) Showers must be thoroughly cleaned. e. Empty and clean all wastebaskets, garbage containers, and pencil sharpeners as well as disposing of packing materials. Overflow trash will be placed in boxes beside wastepaper baskets and will clearly be labeled as trash by Traffic Maintenance staff to avoid confusion over what is to be discarded. Refuse shall be bagged and removed to a designated area on the premises. Bags shall be heavy duty minimum of 1.5 mil thick and 2 ply strong. Bags are to be securely tied at the top to prevent spillage. Trash can liners and wastepaper basket liners (supplied by Contractor) are to be replaced when soiled. f. Clean and wash all ashtrays. g. Clean drinking fountains. h. Wet or dry mop (depending on weather and floor materials) all entry vestibules. Spray buff twice weekly. i. Vacuum all throw rugs and mats. j. Vacuum: (1) Carpet in all areas throughout the building including public areas, work rooms, corridors, meeting rooms, study rooms, lounges, offices, etc. (2) Remove all throw rugs and floor mats and vacuum under them. Specifications for Janitorial Services Page 7 k. Mop: (1) All tiled floor areas including quarry tile and brick shall be swept clean and damp mopped. Tile floors to be spray buffered twice weekly. They are to remain in a high gloss condition and good anti-slip condition. Scuffs and black heel marks are to be removed. Special attention should be paid to corners. It is understood between all parties that the prime purpose of this Paragraph (k) is that the floors shall be kept clean, according to reasonable and acceptable standards, regardless of the number of times the floors have to be mopped and waxed to accomplish this. purpose. (2) Dry mop all stairways. 1. Sweep and damp mop quarry tile. Scuffs and black marks are to be removed. m. Clean sinks and countertops in all work areas. n. Wash table tops and countertops in staff lounge and kitchen areas. o. Dust all banisters and railings. p. Dust all furniture and counters in public areas, including desks, tables, catalogs, filing cabinets, etc. q. Dust all window sills. r. Remove spots from carpeting and furniture with approved spot remover. s. Maintain furniture arrangement. t. Inspect all table tops, walls, etc. for writing and vandalism. Clean those in need and report in writing to the appropriate representative those that cannot be corrected by cleaning. u. Wash glass on: (1) Front doors, vestibule doors, office doors, and all glass panels adjacent to doors. (2) Glass-fronted display cases. Specifications for Janitorial Services Page 8 (3) Photocopy machines. (4) Computer monitors. v. Thoroughly scrub and polish desk tops and public service counters, where applicable and accessible. (Contractor is not required to remove paperwork, etc.) w. Wash glass in entry area(Administrative Offices) daily or as needed. 2. Weekly Services a. Clean janitor's closets and storage areas. b. Vacuum all upholstered furniture (including public areas, workrooms, and offices). c. Wipe with damp cloth all vinyl covered furniture (including public areas, work rooms, and offices). d. Clean and polish all metal (including kick plates, switch plates, door hardware, elevator hardware, etc.). e. Wash exterior of water fountains and vending machines. f. Clean and disinfect all telephones. g. Spot clean walls in high traffic areas, especially around switch plates, elevator plates, etc. h. Dust partitions, ledges, low moldings, and all book shelves, including those in work rooms, offices, etc. (Contractor not required to remove books, etc.) i. Wash out all wastebaskets. j. Dust and polish all desks and countertops in work areas and offices. (Clean only those that are free of clutter.) k. Dust all blinds. 1. Clean stove tops, cabinet doors, and exteriors of all appliances (refrigerators, microwaves, etc.) in all staff rooms. Specifications for Janitorial Services Page 9 3. Monthly Services a. Dry mop storage areas and mechanical rooms. b. Polish and/or wax all furniture and wooden doors. Apply scratch cover polish to furniture and doors where needed. c. Polish and/or oil all plastic laminate or wooden end panels on shelving. d. High dust door frames and other moldings and casings. e. Dust all ventilating grills, louvers, etc. f. Wash all banisters and rails with grease removing agents. g. Showers and bathroom tile are to be thoroughly cleaned. Chemicals are to be used as needed to remove scale and lime buildup. 4. Quarterly Services a. Wash walls in restrooms. Treat with disinfect b. Shampoo the carpet in high traffic areas. c. Shampoo all upholstered furniture, treat with soil resisting product approved by owner and supplied by Contractor. d. Wash all glass panels in doors, and all interior windows in offices. e. Wet mop all storage areas and mechanical rooms. 5. Semi-Annual Services a. Wash all windows, inside and out. (Normally April and October for this service term. First washing shall be part of start-up of service). b. Dust all light fixtures, all exposed overhead beams and ceiling fans. c. Clean work space dividers (partial walls). 6. Annual Services a. Clean all meeting room chairs. b. Shampoo all carpets (at beginning each contract term). Specifications for Janitorial Services Page 10 c. Strip and apply polymer floor sealer to all tile floors (at beginning of each contract term). d. Wash glass on all pictures, etc. e. Sweep out electrical rooms. P:\FIN\11582pjm.doc Protected and/or Disadvantaged Business Checklist items Listed Below must be submitted with Bid: 1. a Exhibit A-completed Protected and/or Disadvantaged Business Disclosure Participation Form. All PBE/DBE Subcontractors submitted on Exhibit A must be certified with the City of Omaha Human Relations Department prior to the time of the bid opening. A current list is available on the City of Omaha's web site, www.ci.omaha.ne.us/Departments/Human Relations or can be requested through the Human Relations Department at 402-444-5055. 2. ❑ Verification in writing from each PBE/DBE Subcontractor showing that the PBE/DBE Subcontractor has agreed to perform the work identified on Exhibit A. Protected and/or Disadvantaged Business Disclosure Participation Form.. Telephonic verifications will not be accepted. 3. ❑ If you have not met the PBE/DBE goal established for this project, evidence ofgood faith efforts must be submitted with your bid. (If you have questions regarding what constitutes good faith efforts please see the Protected and/or Disadvantaged Business Enterprise Participation contract specifications or contact the Human Relations Department). 4. ❑ Exhibit B—completed Contractor Employment Data Form. • Should the bidder fail to comply with the above,its bid will be subject to rejection. • in Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid. Protected and Disadvantaged Business Enterprise Programs Who Qualifies as a Protected /Disadvantaged Business Enterprise? The term "Protected Business Enterprises"(PBE) is defined to be a business at least 51 percent of which is owned, controlled, and actively managed by protected class members(Black, Hispanic, Asian,or Pacific islander, American Indian or Alaskan Native or Female). The term "Disadvantaged Business Enterprise"(DBE) is defined to be a small business that has been in existence for at least one year and has annual gross receipts of$150,000 or less. A DBE may include, but not limited to a business owned by a Protected class, but such business must meet two or other crnditions set forth in the City of Omaha Contract Compliance Ordinance, Section 10-191, M (1)through(5). What are the benefits of becoming certified as a PBE/DBE? Certification as a PBE or DBE provides greater exposure for work opportunities on City of Omaha projects.The names of all certified PBE/DBE'S appear in the PBE/DBE directory, which is disseminated to local government agencies, contractors and to the public. City of Omaha contractors will use the PBE/DBE directory as a basic resource for soliciting Minority/Women/Small Business participation on City of Omaha Projects.The City of Omaha shall make every good-faith effort to award City contracts and City-assisted construction contracts to Disadvantaged Business Enterprises in amounts no less than 10%of the dollar volume of the applicable contracts awarded by the city.Other benefits include the authority, (but not a requirement),of the City Council to award a contract to a DBE that is not the lowest bidder. A contract or subcontract can be awarded to a DBE if determined by the City to be an acceptable cost higher than a competing lower bid except for specially assessed Projects. A DBE company may be awarded the contract over the lowest bidder as long as the cost differential does not exceed 3%. If your business is not certified with the City of Omaha and you are interested in becoming certified as a Protected and/or Disadvantaged Business Enterprise please contact the Human Relations Department at 402- 444-5055.The PBE/DBE applications,Contract Compliance Report Form CC-1 and a current PBE/DBE City of Omaha certified directory are located on the City of Omaha website,www.ci.omaha.ne.us.Click on departments.Click on Human Relations. • Contract Compliance Ordinance No. 35.344, Section 10-192 Equal Employment Opportunity Clause During the performance of this contract,the contractor agrees as follows: 1) The contractor shall not discriminate against any employee applicant for employment because of race, religion. color, sex, national origin, of disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-89. The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion,color, sex or national origin. 3) The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor shall furnish to the contract compliance officer all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, and including the information required by section 10-192 to 10-194,inclusive,and shall permit reasonable access to his records. Records accessible to the contract compliance officer shall be those which are related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate these provisions (of this division); and in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the c ontractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the contract compliance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies,programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1) through (7) of this section. "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. UTILIZATION OF PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES A. Protected and/or Disadvantaged Business Enterprise(P13E/DB1 ) Participation Contract Specifications Pursuant to City of Omaha 'Contract Compliance Ordinance. I. It is the policy of the City of Omaha that Protected and/or Disadvantaged Business Enterprises shall have the maximum practicable opportunity to participate in the City of Omaha projects. Consequently,the PBE/DBE requirements of Contract Compliance Ordinance apply to this solicitation. In this regard, the Contractor to whom any award of this solicitation is made shall take all necessary and reasonable steps in accordance with this solicitation to ensure that Protected and/or Disadvantaged Business Enterprises have the maximum opportunity to participate in the Contract. The Contractor shall not discriminate on the basis of race,color,national origin,sex, religion,age or disability in the award or performance of any contract or subcontract resulting from or relating to this solicitation. Failure to carry out the pre-award requirements of these PBE/DBE specifications will be sufficient ground to reject the Bid. Failure of the Contractor to carry out the requirements of the PBE/DBE specifications shall constitute a material breach of the contract and may result in termination of the contract. The Contractor shall use its best efforts to carry out the PBE/DBE policy consistent with efficient performance on the project. 2. Bidders are hereby informed that the city of Omaha has established coals for the participation of Protected and/or Disadvantaged Business Enterprises in all contracts that it awards. Subcontracts awarded, by the Bidder that is successful in solicitation, to firms owned by Protected and/or Disadvantaged Business Enterprises is essential to the achievement of the City of Omaha's PBE/DBE goals. Therefore,to be considered for award,Bidders must comply with the requirements of these PBE/DBE specifications. By submitting his/her bid,each Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set forth in the PBE/DBE specifications for participation by Protected and/or Disadvantaged Business Enterprises in the performance of any contract resulting from this solicitation or,as an alternative,that the contractor has made or will make good faith efforts toward meeting the PBE/DBE goals,and will demonstrate to the City of Omaha's satisfaction that the contractor has made such efforts. Bidders must submit with their bids,on the form set forth in the PBE/DBE specifications,the names,respective scope of work, and the dollar values of each PBE/DBE subcontractor that the Bidder proposes for participation in contract work. In any case, Exhibits"A" and"B"must be submitted with the bid. If the information so submitted indicates that the City of Omaha goals will not be met,the Bidder shall submit good faith efforts documentation with their bid. The evidence must show to the City of Omaha's satisfaction that the bidder has in good faith made every reasonable effort, in the City of Omaha's judgment,to meet such goals. If any bidder fails to submit,with the bid,the required information concerning PBE/DBE participation,or if,having failed to meet the City of Omaha's goals or fails to demonstrate to the City of Omaha's satisfaction the bidder's good faith efforts to do so, the City of Omaha may, in its discretion, reject the bid. 3. Protected and/or Disadvantaged Business Enterprise Goals. Bidders are hereby informed that pursuant to Sec. 10-200 and Executive Order No. F-11-02 the City of Omaha has a PBE Participation goal of no less than 13%and a DBE participation goal of no less than 10%of the dollar volume of all the contracts that it awards. All bidders shall make every good faith effort to meet said goals. 4.The City of Omaha shall set specific goals for all contracts over$200,000 to assist it in meeting its overall PBE/DBE goals set forth above. The City of Omaha has established a PBE/DBE goal of %of the dollar amount of the bid(Bid Total)for this contract(if said contract is anticipated to be over$200,000). Bidders shall make every good faith effort to meet said goal. 5.Bidders are informed that price alone does not constitute an acceptable basis for rejecting PBE/DBE bids unless the Bidder can demonstrate that no reasonable price can be obtained from a PBE/DBE. A Bidder's failure to meet the PBE/DBE goal or to show reasonable efforts to that end will, in the City of Omaha's discretion,constitute sufficient ground for bid rejection. Such reasonable efforts may include,but are not limited to,some or all of the following: a. Attendance at the pre-bid conference,if any; b. Follow-up of initial solicitations of interest by contacting PBE/DBEs to determine with certainty whether the PBE/DBEs are interested; c. Efforts made to select portions of the work(including where appropriate,breaking down contracts into economically feasible units)proposed to be performed by PBE/DBEs in order to increase the likelihood of achieving the PBE/DBE goals; d. Efforts to negotiate with PBE/DBEs for specific sub-bids, including at a minimum: (I) The names,addresses,type of work to be subcontracted,and telephone numbers of PBE/DBEs that were contacted; (2) A description of the information provided to PBE/DBEs regarding the plans and specifications for portions of the work to be performed; and, (3) A detailed statement of the reasons why additional prospective agreements with PBE/DBEs needed to meet the stated goals, were not reached. e. Advertisement in general circulation media, trade association publications, and protected-focus media for a reasonable period before bids are due; f. Notification, in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited, in sufficient time to allow the PBE/DBEs to participate effectively: g. Concerning each PBE/DBE the Bidder contacted but rejected as unqualified,the reasons for the Bidder's conclusion; h. Efforts made to assist the P13E/DBEs contacted that needed assistance in obtaining bonding, lines of credit,of insurance • required by the Bidder of the City of Omaha; i. Designation, in writing,of a liaison officer who administers the Bidder's Protected and/or Disadvantaged Business utilization program; j. Expansion of search for PBE/DBEs to a wider geographic area than the area in which the Bidder generally seeks subcontractors if use of the customary solicitation area does not result in meeting the goals by the Bidder; and, K. Utilization of services of available protected community organizations,protected contractor's group, local,state, and federal minority business assistance offices,and other organizations that provide assistance in the recruitment and placement of PBE/DBEs. 6. The Bidder must comply with the following: a. Prior to award of this Contract all Bidders shall submit Exhibit"A,"Protected and/or Disadvantaged Business Disclosure Participation Form. Exhibit"A"must be submitted with the bid. Bidder must also submit a copy of the written bid submitted by the PBE/DBE subcontractor to the Bidder or other verification in writing from the PBE/DBE subcontractor that Said subcontractor has agreed to perform the subcontracting work identified in the bid submitted by the Bidder. b. If Bidder fails to meet the goals set forth above. Good Faith Efforts Documentation must be submitted with bid. c. Also, prior to award of this contract all Bidders must submit Exhibit"B"Contractor employment data form with the bid. d. The Bidder and any of its subcontractors that have been designated by the Bidder as PBE and/or DBE must have been approved as such by the Human Relations Department prior to bid opening on the project. e. After bid opening and during contract performance. Bidders and the Contractor.as the case may be, are required to make every reasonable effort to replace a PBE/DBE subcontractor that is determined to be unable to perform successfully or is not performing satisfactorily,with another PBE and/or DBE,prior to substituting such PBE/DBE,the Contractor shall seek approval from the Human Relations Department. The City of Omaha's Relations Department Director or a designee,shall approve all prior substitutions in writing in order to ensure that the substituted firms are bona fide PBE/DBEs. f. In the event of the Contractor's non-compliance with the Protected and/or Disadvantaged Business Enterprise requirements of this Contract, the City of Omaha shall impose such contract sanctions as it may determine to be appropriate,including,but not limited to: (I) Rejection of the Bid (2) Withholding of payments to the Contractor until the Contractor complies;and/or k'` (3) Cancellation,termination or suspension of the Contract, in whole or in part;or (4) Any other penalty set forth in the City of Omaha's Contract Compliance Ordinance. 7. For the information of Bidders,Contract Compliance Ordinance outlines the City of Omaha's rules, guidelines and criteria for(a) making determinations as to the legitimacy of PBE/DBEs,(b)ensuring that contracts are awarded to Bidders that meet PBE/DBE goals. 8. The Bidder/Contractor shall cooperate with the Human Relations Department in any reviews of the Bidder/Contractor's procedures and practices with respect to the Protected and/or Disadvantage Business Enterprise which the Human Relations Department may from time to time conduct. B. PBE/DBE Reporting and Record Keeping Requirements. I. The Contractor shall submit periodic reports of contracting with Protected and/or Disadvantaged Business Enterprises in such form and manner and at such time as prescribed by the City of Omaha(Exhibit C is currently required to be submitted within 10 calendar days following the end of each calendar quarter, from the start of the project). 2. The Contractors and subcontractors shall permit access to their books,records,and accounts by the Human Relations Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements. Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of three years following completion of this Contract. 3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Ormaha will conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall bring to the attention of the Human Relations Director any situation in which regularly scheduled progress payments are not made to PBE/DBE subcontractors. In submitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Relations Department prior to bid opening re arding this project and has afforded subcontractors participating in the PBE;DBE program the opportunity to submit bids on this _ p oject. Failure to comes with the above shall result in the bid being rejected by the City of Omaha. • EXHIBIT "A" PROTECTED AND/OR DISADVANTAGED BUSINESS DISCLOSURE PARTICIPATION FORM THIS FORM MUST BE SUBMITTED WITH TIIE BID In the performance of this contract, the contractor proposes and agrees to make_good faith efforts to contract with eligible City of Omaha certified PBE and/or DBEs. Should the below listed PBE and/or DBE subcontractor be determined to be unable to perform successfully or is not performing satisfactorily, the Contractor shall obtain prior approval from the Human Relations Department Director or a designee, for substitution of the below listed subcontractor with a City of Omaha certified PBE and/or DBE. In submitting this form, the Bidder is certifying that it has contacted City of Omaha Human Relations Department prior to bid opening regarding this project and has afforded subcontractors participating in the program the opportunity to submit bids on this project. Type of work and Projected contract item or commencement Name of PBE parts thereof to be and completion *Agreed price with and/or DBE Address performed date of work PBE/DBEs Percentage(%) ) Totals 'Dollar value of each PBE/DBE agreement must be listed in the"Agreed Price"column;total in this column must equal the PBE/DBE goals. CERTIFICATION The Undersigned/Contractor certifies to the City of Omaha that the utilization goals will be met either by goat achievement or good faith effort as documented. The Undersigned/Contractor certifies that he/she has read,understands,and agrees to he bound by PBE/DBE Participation Contract Specifications, including the accompanying Exhibits, regarding PBE/DBE, and the other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the Bidder to make the statements and representations in the PBE/DBE Participation Contract Specifications and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with Protected and/or Disadvantaged business enterprise(s)(which are otherwise deemed by the City of Omaha to be technically responsible to perform the work) listed in the PBE/DBE Specifications at the price(s) set forth in Exhibit A conditioned upon execution of a contract by the undersigned with the City of Omaha. The Undersigned/Contractor agrees that if any of the PBE/DBE Specification representations are made by the bidder knowing them to he false,or if there is a failure by the successful bidder(i.e. the Contractor) to implement the stated agreements, intentions. objectives. goals. and comments set forth herein without prior approval of the Director of the Human Relations Department, such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to terminate the Contract for default. The right to so terminate shall be in addition to.and not in lieu of, any other rights or remedies the City of Omaha may have for other defaults under the Contract, under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally, the Undersigned/Contractor will be subject to the terms of any future Contract Awards. Signature Title Date of Signing Firm or Corporate Name Address Telephone Number 5 • EXHIBIT "B" CONTRACTOR EMPLOYMENT DATA BIDDERS ARE REQUIRED TO SUBMIT THE FOLLOWING WORK FORCE DATA WITH EACH BID (Protected Class is defined as Black, Hispanic, Asian and Pacific Islander, American Indian or Alaskan Native, Female.) Total Employees Protected Class Males Protected Class Females American American Total Total Asian or Indian or Asian or Indian or Work Protected Pacific Alaskan Pacific Alaskan Date Force Class Black Hispanic Islander Native Black Hispanic Islander Native White *Refer anyQuestions rgaardina the BID or SPECIFICATIONS directly thePurchasing - � d ect y to Department(402)444 54QQ or as shown on bid. All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any Questions regarding the Contract Compliance Ordinance should be directed to the Human Relations Department at (402)444-5055. (PLEASE PRINT LEGIBLY OR TYPE) Firm's Name: (Date of Signing) Signature: (Print Name) (Title) (Signature) • • 1 ' 6 EXHIBIT "C" QUARTERLY REPORT ON PROTECTED AND/OR DISADVANTAGED BUSINESS ENTERPRISES (This form must be submitted within 10 calendar days of the end of each calendar quarter, from the start of the project.) Company Name: Project Number: Project Name: Total Contract Amount: Calendar Quarter Covered by this Report: at 3rd 2"d 4,h Year 200 I. Protected and/or Disadvantaged Contractors Instructions: List all Protected and/or Disadvantaged Subcontractors which have performed work since Notice to Proceed (NTP), are currently performing work, and are contemplated to perform work during the duration of the City of Omaha Contracts. Name and total dollars committed and paid. Name of Protected and/or Disadvantaged Dollars Paid During Dollars Paid Since Business Enterprise Work Assignment Dollars Committed Quarter (NTP) to Date 7 1 CU C 0 C m CO Er W C •, r r A -, A I z t Z n O O " > o 73 liml Fl Imil z 2 z GI A. III N n fD, = c c 0 N te w °r*' 0 0 O c cr c m- p C m = -' Z 0 lD cr) CD ( c cu > \I t1 0 v ZOO S -1\v CD = QA � � s o = z C m 11 \ .0 o rn o n [� -0 N = c A O p o w g r2 -1 eDrt`" = 0CL )j m . _ r = O = Cu Q 5 �. Fir p a:CD & 0 >O1 D cn • [0 0 o C3 �D O Cu = ,..r = 3 .• _. .to fD = a- o3v) m .D O — r. flJ • ? V rt < fll• (CD N CCD . Vi O CCj a rt (ND c C N r+• r* O a � O '* dn. � n (DD CC)) CD CD Cu 0 CD CD - r�r VI CD -Ti = o Cu d rt 70 N ion G\ = rrn cu A • a E to rn �:. Z mil I rn v co 1 0 , . 1 C m i, Z A x 4 ( 0 r_elO t 1 A• z 1 "NOTICETO PUBLIC" THE DAILY RECORD The following Ordinance hasasbeen set for I City Council hearing on March 8, 2005, at 2:00 p.m., in the Legislative Chambers, I OF O1VII A A Omaha/Douglas.Civic Center, 1819 Farnam 1�J L�1J L , Street, at which hearing all persons interested,may be heard. , RONALD A. HENNINGSEN, Publisher AN ORDINANCE approving a purchase'' order to Darn Dependable for janitorial , PROOF OF PUBLICATION services at the Traffic Maintenance Facility located at 4302 South 50th Street, involving the payment of money from appropriations , UNITED STATES OF AMERICA, of more than one year in accordance with Section 5.17 of the Home Rule Charter of i The State of Nebraska, SS. 1956, as amended; to authorize the District of Nebraska Purchasing Agent to issue a purchase order ' to Darn Dependable in 'the amount of County of Douglas, 1$5,768.00;to authorize the reimbursements City of Omaha, to be paid from a specific account; and to provide an effective date hereof - WHEREAS, the Traffic Maintenance ' LYNDA K.HENNINGSEN Facility located at 4302 South 50th Street has need for janitorial services and the Public being duly sworn,deposes and says that she is Works Department has determined that it's in the best interest of the City to contract for this wok from companies who regularly do ASSOCIATE PUBLISHER that type of work;and, WHEREAS, the purchase order will be for of THE DAILY RECORD, of Omaha, a legal newspaper, printed and the'janitorial services detailed in the bid published dailyin the English language, a bona fide aid specifications for the amount of $5,768.00, ghaving P per year for each of three years from April 1, circulation in Douglas County in excess of 300 copies, printed in I 2005;and, Omaha,in said Countyof Douglas,for morethan fifty-two weeks last WHEREAS, the purchase order includes I � g r y" provisions to renew the service for up to two I past; that the printed notice hereto attached was published in THE additional years in one year increments with a formula for cost escalation. I DAILY RECORD,of Omaha,on BUSTER BROWN, March 4, 2005 . City Clerk 1 3-3-05 t:sal.I1 pier during that time was regularly published and eral'c>traillatw " the County gf Douglas, d ate of Nebraska. r. l `a. /� N �anj 4• bribed in my presen a and Iwo to before ubllsher' -Fee% $ 6• me this 4th day of ' 1 March 05 X dibi kil lystri,E v 20 �u r-� 4Ti��(71C fiat Notary Public' o o y, of Nebra a • "NOTICE TO PUBLIC' THE DAILY RECORD ORDINANCE NO.36955 ��� AN ORDINANCE approving a purchase OF O1��//��IAHA order to Darn Dependable for janitorial • services at the Traffic Maintenance Facility RONALD A. HENNINGSEN, Publisher located at 4302 South 50th Street, involving the payment of money from appropriations PROOF OF PUBLICATION of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to authorize the Purchasing Agent to issue a purchase ordei UNITED STATES OF AMERICA, to Darn Dependable in the amount of The State of Nebraska, $5,768.00;to authorize the reimbursements SS. to be paid from a specific account; and to District of Nebraska, provide an effective date hereof County of Douglas, WHEREAS, the Traffic Maintenance Facility located at 4302 South 50th Street has City of Omaha, need for janitorial services and the Public Works Department has determined that it's J.BOYD in the best interest of the City to contract for this work from companies who regularly do that type of work;and, being duly sworn,deposes and says that she is • WHEREAS, the purchase order will be for the janitorial services detailed in the bid LEGAL EDITOR specifications for the amount of $5,768.00 per yearfor each of three years from April 1, 2005;and, ofOmaha, a of THE DAILY RECORD, legnewsP newspaper,a er,printed and WHEREAS, the purchase order includes published daily in the English language, having a bona fide paid provisions to renew the service for up to two additional years in one year increments with circulation in Douglas County in excess of 300 copies, printed in a formula for cost escalation. Omaha,in said County of Douglas,for more than fifty-two weeks last SUMMARY: AN ORDINANCE approving a purchase past; that the printed notice hereto attached was published in THE order to Darn Dependable for janitorial a services at the Traffic Maintenance Facility DAILY RECORD,of-Omah ,on located at 4302 South 50th Street, involving the payment of money from appropriations March 24, 2005 of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to authorize the Purchasing Agent to issue a purchase order to Darn Dependable in the amount of $5,768.00;to authorize the reimbursements to be paid from a specific account; and toadaper during that time was regularly published and provide an effective date hereof int.-eneiillkai,inn in the County o o ,and State of Nebraska. WHEREAS, the Traffic Maintenance Facility located at 4302 South 50th Street has ���:'G�«�f��� need for janitorial services and the Public • Works Department has determined that it is •: �;t Subsc in my prese a and sworn to before in the best interest of the City to contract for ;� 30 this work from companies who regularly do l�j� Ir • 24th that type of work;and, lC'riblis'�ier'§Fee • $'~ 4 me is • day of WHEREAS, the purchase order will be for �•` ""J March 05 the janitorial services detailed in the bid Ack!tional Copiet•,� 20 specifications for the amount of $5,768.00 °.•!c Q Q 4.30 "per year for each of three years from April 1, �l � �'•.,� otgj� C,'� 2005;and, , 7 WHEREAS, the purchase order includes ( OF t`f Notary Pu d r P ouglas County, provisions to renew the service for up to two •• -- S of Nebraska additional years in one year increments with a formula for cost escalation. PASSED: March 15,2005, 7-0 APPROVED BY: MIKE FAHEY 3/18/05 MAYOR OF THE •CITY OF OMAHA BUSTER BROWN, City Clerk 3-24-05