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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. Q="j. (gt-c) TOM REID MAYOR ATTEST: NGo GL3 ,� C , V' ,'N Y S ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY y U City of Pearland i 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: y,,, . k - c./ A-1 , , 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