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Resolution 35-12RECORD OF RESOLUTIONS Resolution No Form No, 30065 35 -12 Passed 20 A RESOLUTION ACCEPTING THE LOWEST AND BEST BID FOR CITY OF DUBLIN COMMUNITY RECREATION CENTER CLEANING SERVICES AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR SAID SERVICES. WHEREAS, formal advertising and competitive bidding procedures have been conducted pursuant to Section 8.04 of the Revised Charter; and WHEREAS, Council has determined that the bid submitted by Aetna Building Maintenance in the amount of $121,476 constitutes the lowest and best bid. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, � 7 of the elected members concurring, that: Section 1 . The bid submitted by Aetna Building Maintenance in the amount of $121,476 is hereby accepted. Section 2 . The City Manager is hereby authorized to enter into a contract with Aetna Building Maintenance for said project as specified within the bid proposal and the City's bid documents. Section 3 . This Resolution shall be effective upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this �vt day of 2012 Mayor — Pr id ng Officer Attest: Clerk of Council Office of the City Manager City of Dublin Pho 614 - 1 410.4 0 Fax:b614 -0410 -4490 1090 Memo To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager /-;P C/e ,,,,�-, Date: June 28, 2012 Initiated By: Brian K. Ashford, Facilities Manager Michelle L. Crandall, Director of Administrative Services Re: Resolution 35 -12 — DCRC Cleaning Services Bid Summary On June 8, 2012, eight bids were opened for after -hours cleaning services at the Dublin Community Recreation Center (DCRC). Currently, contractors are used only on the weekends. By expanding to seven nights a week, the number of cleaning hours will increase by a minimum of three hours each night Monday through Friday and will enable the City custodial staff to devote more hours each night to cleaning other City buildings. This will also allow for more thorough cleaning of the DCRC during evening hours when the facility is closed and vacant of patrons. City staff will continue to perform day porter functions (e.g. restocking soap and paper dispensers and performing light cleaning services) during the DCRC's operating hours. To determine the lowest and best bid, staff requested information related to past experience; employee recruitment, training and retention policies; quality control program; and management philosophy. The three companies with the best bid responses were interviewed by the Facilities Manager and an Administrator from the Recreation Center. Ultimately, Aetna Building Maintenance, the second lowest bidder at $121,476, was determined to be the most responsive bidder. Aetna performs extensive background screening during the hiring process, offers ongoing safety and custodial training, and utilizes a variety of incentives to award and retain good employees. Additionally they have an impressive client list, which includes the Ohio Supreme Court, Capital University, Honda R &D, The Scotts Company and Huntington Bank. The lowest bidder, T &L Global Management, failed to properly complete a portion of the bid package and failed to provide enough qualitative information to determine whether it possessed the skills and experience to meet the City's standards for the DCRC. Attached is a complete analysis of Aetna's and T &L Global Management's bid proposals, prepared by the City's legal counsel. Aetna's bid of $121,476 is well below the $175,000 budgeted for this contract in the 2012 Operating Budget. If approved by City Council, staff will immediately work with Aetna to finalize the contract and begin the process of familiarizing their cleaning and supervisory staff with the Facilities personnel who will oversee their work as well as the staff at the Recreation Center. During the last week of August (annual shutdown week), the contract staff will run through their nightly cleaning assignments. The contractors will likely begin providing cleaning services when the Recreation Center reopens the day after Labor Day. Memo re. Res. 35 -12 — DCRC Cleaning Services June 28, 2012 Page 2 of 2 Recommendation Staff recommends accepting the Aetna Building Maintenance bid for $121,476 and authorizing the City Manager to enter into a contract with Aetna Building Maintenance for cleaning services at the Dublin Recreation Center. CE M I L LERLLP LEGAL COUNSEL MEMORANDUM To: Michelle Crandall, Director of Administrative Services From: E. Rod Davisson, Esq. Date: June 26, 2012 Re: Dublin Recreation Center Cleaning Services Project Award of Contract Background Multiple proposals were received and opened for the Dublin Recreation Center Cleaning Services Project on June 8, 2012. Staff has requested that legal review the same, based upon the responses given by the bidders. The lowest dollar bidder was "Pro- Touch" (T &L Global Management) with Aetna coming in as second lowest. PRO -TOUCH BID We have thoroughly reviewed Pro - Touch's proposal. Pro -Touch failed to complete properly the Delinquent Personal Property Tax Affidavit required by the Contract Documents and ORC 5719.042. Pro -Touch also provided workers compensation certificates that expired in August 2011, and Pro -Touch failed to provide its financial statements for the past three (3) years — submitting instead tax returns for a company of unknown origin and status. Additionally, the business does not presently hold a current ISSA Cleaning Industry Management Standard – Green Building (CIMS -GB) certification as required by the bid solicitation. It is important to note that "Pro- Touch" is a registered trade name in the State of Ohio. A "Trade name" means a name used in business or trade to designate the business of the user and to which the user asserts a right to exclusive use. [O.R.C. §1329.01(A)(1)]. The company that actually submitted the bid is T &L Global Management, LLC. T &L Global Management was created and filed with the Ohio Secretary of State on June 2, 2011. It purchased the Pro -Touch name from a company called Commercial Service System, LLC. While the Pro -Touch name has remained, the legal entity that owns Pro -Touch has only been in existence for less than a year. 4130193v1 CE M I L LERLLP LEGAL COUNSEL As a result, only work that has been performed by Pro -Touch since July 2011 may be considered in the best analysis. Pro -Touch has performed cleaning services for the cities of Cincinnati and Delaware, Ohio during this time, but Pro -Touch failed to specify the scope of these services. Considering Pro - Touch's limited experience since July 2011, its failure to complete properly the required forms, and its failure to provide other documentation as explained above, we recommend a finding that Pro - Touch's proposal is not responsive. AETNA BID Staff has also thoroughly reviewed the Aetna Building Maintenance, Inc. ( "Aetna ") proposal. The Aetna proposal was responsive to each inquiry made by Dublin in its solicitation and contained no noticeable irregularities. Aetna properly executed its bid, and submitted detailed information regarding its structure, experience, and cleaning services proposed to be offered to Dublin. Aetna also holds a CIMS -GB certification, which is required by the solicitation of proposals. While the costs as read in the Aetna proposal were marginally higher than Pro - Touch's proposal, Aetna has similar experience in providing the type of services requested by Dublin in the solicitation. For example, Aetna has provided cleaning services for Capital University's athletic and recreational center, Marshall University's athletics facilities, and the University of Kentucky's athletic facilities during the past three years. These services include servicing indoor track facilities, locker rooms, fitness centers, and pool areas on a greater scale than what is required by Dublin Recreational Center. Additionally, Aetna has experience and the equipment on hand to service and clean Pebbleflex and Aquaflex pool surfaces, which are present at the Dublin Recreational Center. Based on Aetna's proposal, it appears that Aetna offers a more comprehensive service with more experienced personnel at only a marginally greater cost. Based on the foregoing, there is no legal impediment to considering Aetna the lowest and best bidder for the work. 4130193v1 City of Dublin Recreation Center Cleaning Services Bid Opening Results Contractor Base Bid T & L Global Management $117,912.24 Scioto Services 189,938.00 Key Cleaning 160,675.12 Corvus Cleaning 145,068.00 Mid - American 139,692.00 Service Master Elite 255,552.00 Aetna Building Maintenance 121,476.00 Job 1 America 205,395.84