R2018-076 2018-04-23 RESOLUTION NO. R2018-76
A Resolution of the City Council of the City of Pearland, Texas, renewing and
amending a contract for cleaning services(City Facilities)with A&A Cleaning
Services, in an amount not to exceed $359,200.00, beginning April 25, 2018
through April 24, 2019.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded a contract bid for custodial services.
Section 2. That the City Council hereby renews and amends a contract with A & A
Cleaning Services, in an amount not to exceed $359,200.00.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for custodial services.
PASSED, APPROVED and ADOPTED this the 23rd day of April, A.D., 2018.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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U City of Pearland
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3519 Liberty Drive
Er0 .,7r Pearland,TX 77581
General Services Contract
This Contract(Contract) is made between the City of Pearland, Texas (City), and Contractor.
The City and Contractor agree to the terms and conditions of this Contract, which consists of the
following parts:
I.. Summary of Contract Terms
II. Signatures
III_ Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I.Summary.of Contract Terms.
Contractor: AM Cleaning Services
2810 Wagon Trail
Pearland, TX 77584
Description of Services: Contractor will perform custodial cleaning service's associated with
City Facilities .and Special Events Cleaning Services per the
specifi . .ons.• C't of Pearland Bid # 0217=18; per City Council
am - -
Contract: Unit Price Contract Per Items on Exhibit A,Not to Exceed$359,200.
Effective Date: April 25,-2018
Termination Date: . April 24, 2019,
Renewal: One renewal option remaining, upon the mutual agreement of both
parties.
H.Signatures. By signing below,the parties agree to the terms of this Contract:
CITY OF PRLAND COR:
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Purchasin e Officer Date Title:.. J 'AS- '' \- .
/ Date: .
1
*Sig,C by: Date:
4---'"City : anagen
Assi tent City Manager '
Director
Program Manager
*Contract Signature Authority: Program Manager-$5,999 or less
Director $6,000 to$30,000
City Manager/Assistant City Managers-$30,001 to$50,000
City Council Resolution $50,000+ , .
III. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the
terms and conditions specified in this Contract. Contractor will bill the City for the Services
provided at intervals of at least 30 days, except for the final billing.The City shall pay Contractor
for the Services in accordance with the terms of this Contract, but all payments to be made by
the City to Contractor, including the time of payment and the payment of interest on overdue
amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract as
provided in this paragraph if the other party fails to comply with its terms. The party
alleging the default will give the other party notice of the default in writing citing the
terms of the Contract that have been breached and what action the defaulting party
must take to cure the default. If the party in default fails to cure the default as specified
in the notice,the party giving the notice of default may terminate this Contract by written
notice to the other party, specifying the date of termination. Termination of this Contract
under this paragraph does not affect the right of either party to seek remedies for
breach of the Contract as allowed by law, including any damages or costs suffered by
either party.
(3) Multi-Year Contracts and Funding. If this Contract extends beyond the City's fiscal
year in which it becomes effective or provides for the City to make any payment during
any of the City's fiscal years following the City's fiscal year in which this Contract
becomes effective and the City fails to appropriate funds to make any required Contract
payment for that successive fiscal year and there are no funds from the City's sale of
debt instruments to make the required payment, then this Contract automatically
terminates at the beginning of the first day of the City's successive fiscal year of the
Contract for which the City has not appropriated funds or otherwise provided for funds
to make a required payment under the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor's liability to the City or releases the Contractor from liability to the City for actual or
compensatory damages, loss, or costs arising from the performance of this Contract or that
provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise, each party to this Contract is responsible for defending
against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising
from that party's negligent acts or omissions in the performance of this Contract in accordance
with applicable law. This provision does not affect the right of either party to this Contract who is
sued by a third party for acts or omissions arising from this Contract to bring in the other party to
this Contract as a third-party defendant as allowed by law.
E. Assignment. The Contractor shall not assign this Contract without the prior written consent
of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and
a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in
or having jurisdiction in Brazoria County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the
Contractor and supersedes all prior negotiations, representations, or contracts,either written or
oral. This Contract may be amended only by written instrument signed by both parties.
H. Independent Contractor. Contractor shall perform the work under this Contract as an
independent contractor and not as an employee of the City. The City has no right to supervise,
direct, or control the Contractor or Contractor's officers or employees in the means, methods,or
details of the work to be performed by Contractor under this Contract. The City and Contractor
agree that the work performed under this Contract is not inherently dangerous,that Contractor
will perform the work in a workmanlike manner, and that Contractor will take proper care and
precautions to insure the safety of Contractor's officers and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties. The parties will each pay one-half
of the mediator's fees.
J. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or be
entitled to an award of attorney's fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the
remainder of the Contract continues to be binding on the parties.
IV. Special Terms or Conditions. None.
V. Additional Contract Documents. The following specified documents attached to this Contract are
part of this Contract, except as follows: any provision contained in any of the Contractor's Additional
Contract Documents specified below that conflicts with a Contract provision not included in the
Contractor's Additional Contract Documents, does not apply to this Contract.
A. Contractor's Additional Contract Documents:
1. The contractor's response to Bid#0217-18 shall be construed as additional contract
documents.
2. Contractor's Certificate of Insurance listing City of Pearland as additional insured
(required insurance certificate[s]shall be in possession of City at actual commencement
of work).
B. City's Additional Contract Documents:
1. Scope of Services.
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of contractor performing custodial cleaning services
associated with City Facilities and Special Events Cleaning Services per the specifications of City of
Pearland Bid # 0217-18, and Resolution R2018-76. Pricing is as follows:
Specification Responses A&A Cleaning Services
Line Description UOM QTY Unit Price
1 : % CUSTODIAL SERVICES,AT CITY FACILITIES _ . _, _ „, _ , . ,__,`_,
1.1 Animal Control Month 12 $595.00
1.2 City Hall-Based on Remodel-Amended Month 12 $3,531.25
1.3 Community Center/City Hall Annex Month 12 $2,263.75
1.4 Tom Reid Library-2018 Remodel Included Month 12 $2,266.67
1.5 Facility Management Office Month 12 $283.34
1.6 Fire Administration Month 12 $1,665.59
1.7 Public Works Annex Month 12 $325.00
1.8 Fleet Maintenance Month 12 $650.00
1.9 Melvin Knapp Activity Center Month 12 $1,383.75
1.10 '-- - - - -- --- - - ' - - - Merit# 42 $0.00
1.11 Parks Maintenance Month 12 $595.00
1.12 Public Works Service Center Month 12 $1,009.59
1.13 Traffic Operations & Maintenance Month 12 $410.00
1.14 Westside Events Center Month 12 $791.67
1.15 Westside Library Month 12 $1,213.34
1.16 Convention &Visitors Bureau Month 12 $270.84
Add Hill House Engineering Trailer Month 12 $325.00
Add Jail-Amended Month 12 $950.00
CUSTODIAL SERVICES AT RECREATION
2 CENTER AND`NATATORIUM. Estimates _.
2.1 Recreation Center and Natatorium, Per Month Month 12 $6,406.25
Porter/Custodian to Provide Extra Services, As
2.2 Needed, Per Hour Hour 1 $16.75
Strip, Wash and Wax Vinyl Composition Tile
2.3 (VCT) Flooring, As Needed, Per Square Foot Sq Ft 4971 $0.13
Strip, Wash and Wax Resilient Stone Flooring,
2.4 As Needed, Per Square Foot Sq Ft 10535 $0.13
1 Shampoo Carpet Flooring. As A Possible
2.5 Extra/Separate Service, As Needed Sq Ft 4558 $0.12
Vacuum Track Flooring. Pricing As A Possible
2.6 Extra/Separate Service, As Needed Sq Ft 9401 $0.00
2.7 Clean All Exterior Windows of RCN Lot 1 $975.00
Add Add] Room-2nd Floor Buildout Room Amended Month 12 $150.00
QUARTERLY FLOOR CLEANING AT FIRE.
3..rt . STATIONS , ._ .;<< • _._ : , . QTY_ ,�s _ .. . :. �,.. ._. _y
3.1 Fire Station#1 Qtr 4 $1,000.00
3.2 Fire Station#2 Qtr 4 $2,385.00
3.3 Fire Station#3 Qtr 4 $3,180.00
3.4 Fire Station#4 Qtr 4 $1,100.00
3.5 Fire Station#5 Qtr 4 $1,140.00
4 ,SPECIAL EVENTS -AS,NEEDED . Estimate . $.15,000.00''
4.1 RCN: Full Multi-Purpose Room EA $100.00
4.2 RCN: One Section of Multi-Purpose Room EA 0*
RCN: Basketball Court; 1 Court; 1/2 of the Gym
4.3 Space EA $100.00
RCN: Basketball Court; 2 Courts; Entire Gym
4.4 Space EA $200.00
4.5 RCN: Activity Room EA $100.00
4.6 RCN: Lounge EA $25.00
4.7 RCN: Rec Room EA $75.00
4.8 RCN - Porter Service EA 0*
4.9 Natatorium EA 0*
4.10 Natatorium - Porter Service EA 0*
4.11 Westside Event Center EA $150.00
4.12 Westside Event Center- Porter Service EA 0*
4.13 Melvin Knapp Activity Center EA 0*
4.14 Melvin Knapp Activity Center- Porter Service EA 0*
Tom ReidAfter (adding
5**. approximately 8,600square feet)
*Vendor bid states this is part of the hourly rate.
** Amount Added to Line 1.4