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R-2016-034 2016-03-14RESOLUTION NO. R2016-34 A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for custodial services associated with City Facilities to A & A Cleaning Services in an amount not to exceed $202,920 beginning March 7, 2016 through March 6, 2017. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously opened bids for custodial services. and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to A & A Cleaning Services, in the estimated unit amounts reflected in Exhibit "A" attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a contract for custodial services. PASSED. APPROVED and ADOPTED this the 14tr day of March, A.D.. 2016. ATTEST: YO JNG LO NG. R C,) SECR ARY APPROVED AS TO FORM: DARRIN M. COK R CITY ATTORNEY TOM REID MAYOR =v. j •.. . /\ Resolution No. R2016-034 Exhibit "A" PRICING COMPARISON FOR CITY FACILITY CUSTODIAL SERIVCES A&A Cleaning Services CITY FACILITIES Animal Control $6,240.00 City Hall $39,000.00 Community Center $26,500.00 Fire Marshal's Office $2,275.00 Library $24,000.00 Knapp Senior Center $16,200.00 Parks Maintenance $6,000.00 Public Works Service Center $11,820.00 Public Works Satellite/Hillhouse $4,800.00 Fire/EMS Admin. $19,500.00 Westside Event Center $9,300.00 Westside Library $13,200.00 Facility Management Office $3,400.00 Convention & Visitor's Bureau $3,250.00 Fleet Services $5,500.00 C&S Janitorial Services $7,140.00 $34,200.00 $25,200.00 $2,340.00 $23,520.00 $15,600.00 $1,908.00 $9,840.00 $4,200.00 $5,376.00 $8,160.00 $13,200.00 $3,540.00 $4,740.00 $5,940.00 QUARTERLY FLOOR MAINTENANCE AT FIRE STATIONS Fire Station #1 $1,000.00 $1,400.00 Fire Station #4 $1,100.00 $1,800.00 Fire Station #5 $1,140.00 $2,000.00 Fire Station #3 $3,180.00 $3,180.00 Fire Station #2 $2,385.00 $2,385.00 Totals $199,790.00 $175,669.00 PRICING COMPARISON FOR SPECIAL EVENT CLEANING SERVICES Location A&A Pricing C&S Pricing Variance Multi -Purpose Room, per event $100.00 $100.00 $0.00 Basketball Court, 1/2 of Court, per event $100.00 $100.00 $0.00 Basketball Court, Whole Court, per event $200.00 $200.00 $0.00 Activity Room, per event $100.00 $100.00 $0.00 Lounge, per event $25.00 $100.00 -$75.00 Recreation Room, per event $75.00 $75.00 $0.00 Natatorium to include Porter Services, per hour Community Center, per event* Westside Event Center, per event University of Houston *Location no longer being rented. $16.65 $16.95 $150.00 1 $75.00 $150.00 $90.00 $75.00 $75.00 $0.00 $75.00 $60.00 $0.00 City of Pearland 3519 Liberty Drive Pearland, TX 77581 Resolution No. R2016-34 Exhibit "A" 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: Description of Services: Contract Amount: Effective Date: Termination Date: Renewal: A&A Cleaning Services 2810 Wagon Trail Pearland, TX 77584 Per resolution R2016-34 contractor will perform custodial cleaning services associated with City Facilities, per the specifications of City of Pearland Bid #0713-72, and Special Events Cleaning Services for RCN, Westside Event Center, and UH Clear Lake per the specifications of City of Pearland Bid # 0315-25i. Based on fixed rates, not to exceed $199,790.00 for City Facilities and $50,000 for Special Event Cleaning. March 25, 2016 March 24, 2017 None Available II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PE LAND* CONTRACTOR: I 31'1 1/ 1'1'/ Purc r Rate Title: Date: Signpd tiy'Date/ - / V City Manager Assistant 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. Inde qendent 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. Disoute 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#0713-72/CityBidAwardrev2 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, per the specifications of City of Pearland Bid #0713-72, and Special Events Cleaning Services for RCN, Westside Event Center, and UH Clear Lake per the specifications of City of Pearland Bid # 0315-25i. Pricing is as follows: PRICING FOR CITY FACILITY CUSTODIAL SERIVCES LOCATION ANNUAL AMOUNT Animal Control $6,240.00 City Hall $39,000.00 Community Center $26,500.00 Fire Marshal's Office $2,275.00 Library $24,000.00 Knapp Senior Center $16,200.00 Parks Maintenance $6,000.00 Public Works Service Center $11,820.00 Public Works Satellite/Hillhouse $4,800.00 Fire/EMS Admin. $19,500.00 Westside Event Center $9,300.00 Westside Library $13,200.00 Facility Management Office $3,400.00 Convention & Visitor's Bureau $3,250.00 QUARTERLY FLOOR MAINTENANCE AT FIRE STATIONS Fleet Services $5,500.00 Fire Station #1 $1,000.00 Fire Station #4 $1,100.00 Fire Station #5 $1,140.00 Fire Station #3 $3,180.00 Fire Station #2 $2,385.00 Totals $199,790.00 PRICING FOR SPECIAL EVENT CLEANING SERVICES LOCATION PRICING Multi -Purpose Room, per event $100.00 Basketball Court, 1/2 of Court, per event $100.00 Basketball Court, Whole Court, per event $200.00 Activity Room, per event $100.00 Lounge, per event $25.00 Recreation Room, per event $75.00 Natatorium to include Porter Services, per hour $16.65 Community Center, per event* $150.00 Westside Event Center, per event $150.00 University of Houston $75.00 • Location no longer being rented