Loading...
Item 4CCity of Southlake, Texas MEMORANDUM February 6, 2007 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ratify Town Square, Phase I and II Maintenance Contracts for street sweeping and power washing. Action Requested: Ratify Town Square Maintenance Contracts for street sweeping and power washing of Southlake Town Square, Phases I and II, and provide for Staff authorization thereafter to extend these services on an annual basis as outlined in the contracts, provided current levels of service are maintained. Background Information: The FY06 /07 Operating Budget included $67,532 in funds for the maintenance of public streets, public sidewalks, and litter clean up in public landscaping in Town Square Phase I and Phase II (Grand Avenue). On November 2, 2004, bids were received for Contracts for Sweeping Services and Power Washing, Side Walk Cleaning & Porter Services at City of Southlake Town Square. On March 1, 2005, these Contracts were awarded to Mid- Cities Sweepers Plus, Inc. and Town Square Ventures, L.P., respectively. These Contracts require annual renewal, up to a maximum of 5 years. The Contracts specified services to be provided in Town Square, Phase I, and also included a second map, allowing for services to be provided in Town Square, Phase 11 upon its completion. On April 8, 2006, Town Square Phase II (Grand Avenue) held its Grand Opening. To provide for the maintenance of this new phase, a FY05 -06 mid- year budget amendment was presented to City Council for the additional funds required to sweep the public streets and hot power wash the public sidewalks in this new phase. The mid -year budget amendment was approved by City Council for FY05 -06. The City of Southlake has been paying to maintain these public areas since this approval. Memo from Robert H. Price, P.E., Director Public Works Town Square Maintenance Contracts February 6, 2007 Page 2 of 3 This is the first renewal of the Contract with both Phases I and II of Southlake Town Square for a complete year. With the addition of Phase II for the full year, the Contract amounts exceed the financial signatory authority of City Staff. Since these Contracts were previously approved by the City Manager in 2004, the renewal of the expanded Contracts is being presented to City Council for ratification. On January 24, 2007, letters were sent from City Staff to Mid - Cities Sweepers Plus, Inc. and Town Square Property Management informing both companies of the City's intent to continue the Contracts and renew these for an additional year. The current Contracts require a written notice be delivered within 30 days of the Contract expiration (February 28, 2007). Financial Considerations: The total Contract amount to Mid- Cities Sweeper Plus, Inc. for sweeping of the public streets and both multi -deck parking garages is $40,233 for the year. The total Contract amount to Town Square Property Management for quarterly power washing of the public sidewalks and litter pick up is $27,300. Staff recommends that the City Council ratify these Contracts and dollar amounts for continued service. Citizen Input/ Board Review: None Legal Review: None Alternatives: The Council may decide not to ratify these Contracts and instruct Staff to re- bid these services. Supporting Documents: Exhibit A - Notice of Intent to Mid - Cities Sweepers Plus, Inc. Exhibit B - Notice of Intent to Town Square Property Management. Exhibit C - Original Contract and Bid with Mid - Cities Sweepers Plus, Inc. Exhibit D - Original Contract and Bid with Town Square Ventures, L.P. Project Schedule: The current Contracts will expire February 28th, 2007 if not renewed. Staff Recommendation: Ratify both Contracts dated March 1, 2005. Allow for the annual renewal of the current Contracts as specified in the Agreements for continued services from March 1, 2007 thru February 28, 2008. Furthermore, authorize Staff to renew these Contracts on an annual basis hereafter as provided for in the Contracts so long as current levels of service are maintained. Memo from Robert H. Price, P.E., Director Public Works Town Square Maintenance Contracts Staff Contact: Robert H. Price, P.E., Director of Public Works February 6, 2007 Page 3 of 3 /cm EXHIBIT "A" ulty of Southlake Public Works Department January 24, 2007 Mr. James Corder Mid Cities Sweeper Plus, Inc. 1223 Corporate Dr. East, Suite C Arlington, TX 76006 (817) 640 -1787 RE: Street Sweeping for Southlake Town Square — Continuation of Current Contract CERTIFIED MAIL Dear Mr. Corder, This letter shall serve as a notice of the City of Southlake's intent to extend the current contract between the City of Southlake and Mid Cities Sweeper Plus, Inc. for daily sweeping of streets, blowing gutters, emptying trash cans, sweeping of multi -deck parking garages, and replacing of trash can liners at Southlake Town Square. However, due to the signatory authorization limits of City staff and the Contract total amount growth due to the addition of Phase II of Town Square, this Contract will need to be ratified by City Council. Upon successful authorization by the City Council, we shall provide an official letter of extension. Sincerely, Cristina McMurray Assistant to the Director, Public Works (817) 748 -8099 cc: Robert H. Price, P.E., Director of PW PW Administration File 1400 Main Street • Suite 320 • Southlake, Texas 76092 (817) 481 -2320 • FAX (817) 481 -2097 www.cityofsouthiake.com EXHIBIT "B" 6 1 r 0 of 'owfhlake Public Works Department January 24, 2007 Ms. Michelle Theisen Property Manager Cooper & Stebbins, L.P. 1256 Main Street, Suite 240 Southlake, TX 76092 (817) 329 -5566 #A rho I Subject: Power Washing, Side Walk Cleaning & Litter and Cigarette Butt Pick Up at Southlake Town Square - Continuation of Current Contract CERTIFIED MAIL Dear Ms. Theisen, This letter shall serve as a notice of the City of Southlake's intent to extend the current contract between the City of Southlake and Southlake Central Venture for quarterly hot power washing of public sidewalks, and 5 day a week pick up of all trash and cigarette butts in landscaping on public property. However, due to the signatory authorization limits of City staff and the Contract total amount growth due to the addition of Phase II of Town Square, this Contract will need to be ratified by City Council. Upon successful authorization by the City Council, we shall provide an official letter of extension. Sincerely, bu�-� I Y� Cristina McMurray Assistant to the Director, Public Works (817) 748 -8099 cc: Robert H. Price, P.E., Director of PW PW Administration File 1400 Main Street • Suite 320 • Southlake, Texas 76092 (817) 481 -2320 ° FAX (817) 481 -2097 www. ci tyofsouthl ake. com EXHIBIT "C" OFFICIAL RECORD STANDARD FORM OF AGREEMENT STATE OF TEXAS COUTNTY OF TARRANT THIS AGREEMENT, made and entered into this I" day of March, 2005 by and between City of Southlake of the County of Tarrant and State of Texas, acting through Mr. Pedram Farahnak, P.E., Director of Public Works, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Mid Cities Sweeper Plus, Inc. of the City of Arlington, County of Tarrant and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in considering of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Park (OWNER), and under the conditions expressed herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Dailv sweeping of streets, blowing gutters, empty trash cans, and replace liners. and all extra work in connection therewith, under the terms as stated in the proposal of the Agreement and at his (or their), own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and the Specifications and addenda, if any, herein entitled the Project Coordinator, each of which has been identified by the CONTRACTOR and the Project Coordinator, together with the C'ONTRACTOR's written Proposal, hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on the date specified in the proposal, written notice to do so shall have been given to him, and to substantially complete the same within the time frames outline in the Proposal. The OWNER, agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to ber subject to the General and Special Conditions of the Contract. INDEMNIFICATION FOR THE CONSIDERATION INCLUDED IN THE BID PRICE, SUCCESSFUL BIDDER AND HIS SUBCONTRACTORS SHALL PAY, INDEMNIFY, AND HOLD HARMLESS, THE CITY ITS AGENTS, GUESTS, CONSULTANTS, INVITEE, AND EMPLOYEES, FROM ALL SUITS, ACTIONS, CLAIMS, LIABILITIES, DEMANDS, LOSSES, EXPENSES, INCLUDING ATTORNEY'S FEES, COSTS AND JUDGMENTS OF EVERY KIND AND DESCRIPTION TO WHICH THE CITY, ITS AGENTS, GUESTS, CONSULTANTS, INVITEE, OR EMPLOYEES MAY BE SUBJECTED TO, BY REASON OF INJURY OR DEATH, PERSONS OR PROPERTY DAMAGE, RESULTING FROM OR GROWING OUT OF ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE, OR FAULT OF THE SUCCESSFUL BIDDER AND HIS SUBCONTRACTOR'S PERFORMANCE HEREOF, OR OF ANY WORK PERFORMED HEREUNDER, OR ANY NEGLIGENT ACT OR OMISSION OF THE CITY, ITS EMPLOYEES, AND OFFICERS. SUCCESSFUL BIDDER AND HIS SUBCONTRACTORS SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS AGENTS, OR EMPLOYEES AND CONSULTANTS, FROM AND AGAINST ALL CLAIMS, LIABILITIES, DEMANDS ACTIONS, SUITS, DAMAGES, LOSSES, EXPENSES, COSTS INCLUDING ATTORNEY'S FEES, AND JUDGMENTS OF EVERY KIND AND DESCRIPTION ARISING FROM, BASED UPON, OR GROWING OUT OF THE VIOLATION OF ANY FEDERAL, STATE, COUNTY, OR CITY LAW, BYLAW, ORDINANCE OR REGULATION BY THE SUCCESSFUL BIDDER, ITS AGENTS, TRAINEES, INVITEE, SERVANTS, AND EMPLOYEES. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. Signature: i o outhlake of toe First Part (OWNER) Printed '_Name: Signature: Mid Cities Sweeper Plus, Inc. Party of the Second Part (CONTRACTOR) Printed Name: C /cf Date: Date: Z '� Y ATTEST: wL ' % Ova -�AZTEST: s O UTH os, ,. • *C :H p ���9ax a0AAP1.9Rr.�� Performance Specifications /Contract for Sweeping Services at City of Southlake Town Square Bid Due Date: Tuesday, November 2,2004,12:00 p.m. Public Works Administration Fax (817) 481 -2097 Email lsadler(@ci southlake tx.us Scope of Work: The contractor shall provide the following services at Southlake Town Square* every day of the week for the term of this contract: • sweep public streets (including blowing of all gutters between wheel stops, blowing of all corners, and sweeping all curb line with curb broom); • empty all trash cans and replace all trash can liners (no matter how full or empty the contractor finds the can). • sweeping other streets throughout the City of Southlake as needed (4,000 ft` at a time) including some medians. All work shall be completed during non - business hours (12 a.m. until 5 a.m.). The successful contractor is responsible for disposal of all trash collected. *See attached Map #1 for exact area to be serviced Ins uranc e• The Contractor will carry Workmen's Compensation Insurance, Public Liability and Property Damage Insurance, and Automobile Insurance sufficient to provide adequate protection against damage claims which may arise from operations under this Contract in compliance with the following: Contractors Insurance: Without limiting any of the other obligations or liabilities of the Contractor, during the term of the contract, the Contractor and each subcontractor, at their own expense, shall purchase and maintain the herein stipulated minimum insurance with companies du l approved to do business in the State of Texas and satisfactory to the Owner. Certificates of each policy shall be delivered to the Owner before any work is started, along with a written statement from the issuing company stating that said policy shall not be canceled, non-renewed or materially changed without 30 days advance written notice being *iven to the Owner, except when the policy is being canceled for nonpayment of premium, in which case 10 days advance written notice is required. Prior to the effective date of cancellation, Contractor must deliver to the Owner a replacement certificate of insurance or proof of reinstatement. A model Certificate of Insurance is illustrated herein. Coverage shall be of the following types and not less than the specified amounts: (a) workers' compensation as required by Texas law, with the policy endorsed to provide a waiver of subrogation as to the Owner; employer's liability insurance of not less than $100,000 for each accident, $100,000 disease- - each employee, 5500,000 disease- policy limit. (b) commercial general liability insurance, including independent contractor's liability, completed operations and contractual liability covering, but not limited to, the liability assumed under the indemnification rovisions of this contract, fully insuring Contractor's for subcontractor's) liability for injury to or death of Owner's employees and third parties, extended to include personal injury liability coverage with damage to property of third parties, with minimum limits as set forth below: General Aggregate Products-- Componentsi Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage (any one fire) Medical Expense (any one person) $1,000,000 51,000,000 $600,000 $600,000 $50,000 $5,000 The policy shall include coverage extended to apply to completed operations, asbestos hazards (if this project involves work with asbestos) and XCU (explosion, collapse and underground) hazards. The completed operations coverage niust be maintained for a minimum of one year after final completion and acceptance of the work, with evidence of same filed with owner. (c) comprehensive automobile and truck liability insurance, covering owned, hired and non -owned vehicles, with a combined bodily Injury and property damage minimum limit of $600,000 per occurrence; or separate limits of $250,000 for bodily injury (per person), $500,000 bodily injury (per accident) and $100,000 for property damage. Such insurance shall include coverage for loading and unloading hazards. Owner's Protective Liability Insurance: Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's protective liability insurance policy naming the Owner as insured for property damage and bodily injury, which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. "Umbrella" Liability Insurance: The Contractor shall obtain, pay for and maintain umbrella liability insurance during the contract term, insuring Contractor for an amount of not less than $1,000,000 per occurrence combined limit for bodily injury and property damage that follows form and applies in excess of the primary Lability coverages required herein above. The policy shall provide "drop down" coverage where underlying primary insurance coverage limits are insufficient or exhausted. Owner and Engineer shall be named as additional insured. Policy Endorsements and Special Conditions: (a) Each insurance policy to be furnished by Contractor shall include the following conditions by endorsement to the policy: (1) name the Owner and the Engineer as an additional insured as to all applicable coverage; (2) each policy shall require that 30 days prior to the cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to Owner by certified mail. if the policy is canceled for nonpayment of premium, only 10 days written notice to Owner is required; (3) the term Owner" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the Owner and individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the Owner; (4) the policy phrase "other insurance" shall not apply to the Owner where the Owner is an additional insured on the policy; and (5) all provisions of the contract concenling liability, duty and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. (b) Insurance furnished by the Contractor shall be in accordance with the following requirements: (1) any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled by Contractor. The Owner's decision thereon shall be final; (2) all policies aie to be written through companies duly licensed to transact that class of insurance in the State of Texas; and (=) all liability policies required herein shall be written with an "occurrence" basis coverage trigger. (c) Contractor agrees to the following: (1) Contractor hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against the Owner, it being the intention that the insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies; coinparu issuing the insurance policies and Contractor shalt have no recourse against the Owner for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the Contractor; (3) approval, disapproval or failure to act by the Owner regarding any insurance supplied by the Contractor (or any subcontractors) shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate the Contractor from liability; and (4) no special payments shall be made for any insurance that the Contractor and subcontractors are required to carry; all are included in the contract price and the contract unit prices. Any of such insurance policies required under this section may be written in combination with any of the others, where legally pennitted, but none of the specified limits may be lowered thereby. The Contractor shall furnish the Owner with satisfactory proof that he has provided adequate insurance coverage in amounts and by approved carriers as required by these L:untract documents Questions should be directed to Pedram Farahnak, via e-mail ( pfarahnak�a.ci.southlake.tx.us) or fax (817- 481 - 2097). PROPOSALSCHEDULE The undersigned bidder having thoroughly examined the contract documents, including plans, specifications, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment, and material, except as specified to be furnished by the city, which is necessary to fully complete all of the work as provided in the plans and contract documents and subject to inspection and approval by the City of Sauthlake, Texas, and binds himself upon acceptance of this Proposal to execute a contract_ Contractor proposes to do the work within the time stated and for the following sums: BASE DID: All work required by the specifications, including labor and materials for sweeping public streets (including blowing of all gutters between wheel stops, blowing of all corners, and sweeping all curb line with curb broom) in Southlake Town Square seven days per week, all work not specifically identified as an alternate '70 T OTAL BASE BID: S �1Q per week for S2 weeks= $ ALTERNATE NO. ONE: All work required by the specifications, including labor and materials for emptying all trash cans and replacing all trash can liners seven days per week. of ALT NO. ONI' 1 C)TAL: S �r week for 52 weeks = $ ALTERNATE NO. TWO: All work required by the specifications, including labor and materials to perform the following: • sweep other streets throughout the City of Southlake as needed (4,000 ft at a time) including some medians. 4 ALT. NO. TWO TOTAL: S p er use for four uses = ALTERNATE NO. THREE: All work required by the specifications, including labor and materials to perform the following for any future streets in Town Square (see Map #2): • sweeping public streets (including blowing of all gutters between wheel stops, blowing of all corners and sweeping all curb line with curb broom) • emptying all trash cans and replacing all trash can liners seven days per week. ALT. NO. THRFF TOTAL: t_per LF BASE BID: ALT. NO. ONE TOTAL: ALT NO TWO TOTAL; TOTAL of Existing Services ALT. NO THREE TOTAL: Bidder will be chosen based on lowest responsible bid, which includes base bid plus chosen alternates. The intent is to award this contract to oat bidder. Within ten (10) days after acceptance of this Proposal. the undersigned will execute the formal contract_ The undersigned assures that its employees and applicants for employment and those of any labor organization, subeantractors, or employment agency in either furnishing or referring employee applicants to the undersigned are in compliance with all applicable regulations. The bidder agrees to begin said service on March 1, 2005 and continue service through February 28, 2006. The contract may be canceled by either party for any reason upon thirty (30) days written notification; however, the City may terminate this contract immediately, upon written notification, for unsatisfactory performance by the successful bidder. Upon termination, a final accounting will be made of the fees payable to the successful bidder. The City's good faith determination of the amount due in this regard shall be final and binding between the contracting parties. The successful bidder shall not be entitled to lost or anticipated payments in the event of the Pity's Exercise of such a right. This agreement may be extended for four additional one year periods if written notice to extend the agreement is executed by both parties not later than thirty (30) days prior to the expiration of the then current contract period. The City reserves the right to withhold any payment or partial payment otherwise due the Contractor for any unsatisfactory performance or damage by the Contractor. This amount shall be withheld until such work is corrected. if the City is dissatisfied with the quality of the Contractor's performance, of if the Contractor fails to comply with the terms of this Agreement, the City shall so inform the Contractor in writing, noting all areas of dissatisfaction and the Contractor shall correct the deficiencies within 24 hours after receipt of the notice. If the Contractor fails to correct the deficiencies within the said period or Contractor receives more than one such notice for die ten» of this agreement, the City may elect to'. Perform the services itself, or obtain others to perform the services, in which the City may recover those costs by deducting that amount from the Contractor's monthly invoice; andtor_ b Terminate the Agreement immediately by giving written notice to the Contractor. Termination by the City under this section shall be in addition to all other remedies that the City may have against the Contractor Receipt is acknowledged of the following addenda: Addendum No I Addendum No. 2 Addendum No 3 Respectfully submitted ' By Title Address Q /� 6O (SEAL,) If bidder Corporation \�2 \ \\ Ot � \\ IL L; AF 14 ■ ��f � \� . \\ � WWWW %WM9 MAIM . Map 2 T T gv I II Rl NFR\ Wf ARFA EXHIBIT "D" OFFICIAL RECORD STANDARD FORM OF AGREEMENT STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT, made and entered into this I" day of March, 2005 by and between City of Southlake of the County of Tarrant and State of Texas, acting through Mr. Pedram Farahnak, P.E., Director of Public Works, City of Southlake and City Council thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Southlake Central Venture of the City of Southlake, County of Tarrant and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in considering of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Park (OWNER), and under the conditions expressed herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Power Washing, Side Walk Cleaning, & Porter Service at Southlake Town Square. and all extra work in connection therewith, under the terms as stated in the Proposal of the .Agreement and at his (or their), own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and the Specifications and addenda, if any, herein entitled the Project Coordinator, each of which has been identified by the CONTRACTOR and the Project Coordinator, together with the C'ONTRACTOR's written Proposal, hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on the date specified in the Proposal, written notice to do so shall have been given to him, and to substantially complete the same within the time frames outline in the Proposal. The OWNER, agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. INDEMNIFICATION FOR THE CONSIDERATION INCLUDED IN THE BID PRICE, SUCCESSFUL BIDDER AND HIS SUBCONTRACTORS SHALL PAY, INDEMNIFY, AND HOLD HARMLESS, THE CITY ITS AGENTS, GUESTS, CONSULTANTS, INVITEE, AND EMPLOYEES, FROM ALL SUITS, ACTIONS, CLAIMS, LIABILITIES, DEMANDS, LOSSES, EXPENSES, INCLUDING ATTORNEY'S FEES, COSTS AND JUDGMENTS OF EVERY KIND AND DESCRIPTION TO WHICH THE CITY, ITS - XGENTS, GUESTS, CONSULTANTS, INVITEE, OR EMPLOYEES MAY BE SI BJECTED TO, BY REASON OF INJURY OR DEATH, PERSONS OR PROPERTY DAMAGE, RESULTING FROM OR GROWING OUT OF ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE, OR FAULT OF THE SUCCESSFUL BIDDER AND HIS SUBCONTRACTOR'S PERFORMANCE HEREOF, OR OF ANY WORK PERFORMED HEREUNDER, OR ANY NEGLIGENT ACT OR OMISSION OF 'THE CITY, ITS EMPLOYEES, AND OFFICERS. SUCCESSFUL BIDDER AND HIS SUBCONTRACTORS SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS AGENTS, OR EMPLOYEES AND CONSULTANTS, FROM AND AGAINST ALL CLAIMS, LIABILITIES; DEMANDS ACTIONS, SUITS, DAMAGES, LOSSES, EXPENSES, COSTS INCLUDING ATTORNEY'S FEES, AND JUDGMENTS OF EVERY KIND AND DESCRIPTION ARISING FROM, BASED UPON, OR GROWING OUT OF THE VIOLATION OF ANY FEDERAL, STATE, COUNTY, OR CITY LAW, BYLAW, ORDINANCE OR REGULATION BY THE SUCCESSFUL BIDDER, ITS .AGENTS, TRAINEES, INVITEE, SERVANTS, AND EMPLOYEES. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written Signature: -- Signature: City of Southlake Town Square Ventures, L.P. Pcrrtl of !hc F'irvt Part (OW NER) Parti of the Second Part (CONTRACTOR) Printed Name: A V - J ul ` �li1Gt S J TOWN SQUARE VENTURES, L.P., �� 1 an Illinois limited partnership `u1 t t Date: _�1a sn 1.1 Zoo S -- By: COOPER & STEBBINS, L.P. I A T TEST: `_- _ a Texas limited partnership okiTH ' its authorized agent Go Patricia S. Pickard Chief Financial Officer Pate. ATTEST -- Performance Specifications/Contract for Power Washing, Side Walk Cleaning, & Porter Services at City of Southlake 'Town Square Bid Due Date: Tuesday, November 2, 2004,12:00 p.m. Public Works Administration Fax (817) 481 -2097 Email l dler Rci.,sc uthla ketx.us Scope of Work: The contractor shall provide the following services at Southlake Town Square* for the term of this contract: • hot water power wash public sidewalks quarterly, • pick up ALL trash (including cigarette butts) in landscaping on public property * *five times per week, and • cleaning (vacuuming or sweeping) public sidewalks * *five times per week. Power washing shall be completed during non- business hours (12 a.m_ to 5 a m.), all other service shall be completed during the hours of 6 a.m. to i 0 a.m. The successhil contractor is responsible for disposal of all trash collected. 'See attached Map 41 for exact area to be serviced. ** Setn+ices to be provided five times per week will occur each Friday, Saturday, Sunday, Tuesday, and Thursday (including hohdttys) for the term of this contract. Insurance The Contractor will carry Workmen's Compensation Insurance, Public Liability and Property Damage Insurance, and Automobile Insurance sufficient to provide adequate protection against damage claims which may arise from operations under this Contract in compliance with the following: Contractors Insurance: Without limiting any of the other obligations or liabilities of the Contractor, during the term of the contract, the Contractor and each subcontractor, at their own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly approved to do business in the State of Texas and satisfactory to the Owner. Certificates of each policy shall be delivered to the Owner before any work is started, along with a written statement from the issuing company stating that said policy shall not be canceled, non - renewed or materially changed without 30 days advance written notice being given to the Owner, except when the policy is bein* canceled for nonpayment of premium, in which case 10 days advance written notice is required. Prior to the effective date of cancellation, Contractor must deliver to the Owner a replacement certificate of insurance or proof of reinstatement_ A model Certificate of Insurance is illustrated herein.. Coverage shall be of the following types and not less than the specified amounts: (a) workers' compensation as required by Texas law, with the policy endorsed to provide a waiver of subrogation as to the Owner; employer's liability insurance of not less than $100,000 for each accident, $100,000 disease- - each employee. $500,000 disease - policy limit. (h) commercial general liability insurance, including independent contractor's liability, completed operations and contractual liability coverin *, but not limited to, the liability assumed under the indemnification rovrsions of this contract, fully insuring Contractor's (or subcontractor's liability for injury to or death of Owner's employees and third parties, extended to include personal injury liability coverage with damage to property of third parties, with nunrmum limits as set forth below_ General Aggregate Prod ucts-- Components' Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage (any one fire) Medical Expense (any one person) $1,000,000 $1,000,000 5600,000 5600,000 $50,000 $5,000 The policy shall include coverage extended to apply to completed operations, asbestos hazards (if this project involves work with asbestos) and XCU (explosion, collapse and underground) hazards The completed operations coverage must be maintained for a minimum of one year after final completion and acceptance of the work, with evidence of same filed with owner. (c) comprehensive automobile and truck liability insurance, covering owned, hired and non -owned vehicles, with a combined bodily injury and property damage minimum limit of $600,000 per occurrence; or separate limits of $250,000 for bodily injury (per person), $500,000 bodily injury (per accident) and $100,000 for property damage. Such insurance shall include coverage for loading and unloading hazards. Owner's Protective Liability Insurance: Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owners protective liability insurance policy naming the Owner as insured for property damage and bodily injury, which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that canies the Contractor's liability insurance with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. "Umbrella" Liability Insurance: The Contractor shall obtain, pay for and maintain umbrella liability insurance during the contract term, insuring Contractor for an amount of not less than 51,000,000 per occurrence combined limit for bodily injury and property damage that follows form and applies in excess of the primary liability coverages required herein above. The policy shall provide "drop down" coverage where underlying primary insurance coverage limits are insufficient or exhausted. Owner and Engineer shall be named as additional insured. Policy Endorsements and Special Conditions: (a) Each insurance policy to be furnished by Contractor shall include the following conditions by endorsement to the policy: (1) name the Owner and the Engineer as an additional insured as to all applicable coverage; (2) each policy shall require that 30 days prior to the cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to Owner by certified mail. If the policy is canceled for nonpayment of premium, only 10 days written notice to Owner is required; (3) the term Owner" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the Owner and individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the Owner; (4) the policy phrase 'other insurance" shall not apply to the Owner where the Owner is an additional insured on the policy; and (5) all provisions of the contract concerning liability, duty and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. (b) Insurance furnished by the Contractor shall be in accordance with the following requirements: (1) any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled by Contractor. The Owner's decision thereon shall be final; (2) all policies are to be written through companies duly licensed to transact that class of insurance in the State of Texas; and (3) all liability policies required herein shall be written with an "occurrence" basis coverage trigger. (c) Contractor agrees to the following: (1) Contractor hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against the Owner, it being the intention that the insurance policies shall protect all parties to the contract and be Primary coverage for all losses covered by the policies; (2) companies issuing the insurance policies and Contractor shall have no recourse against the Owner for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the Contractor; (3) approval, disapproval or failure to act by the Owner regaiding any insurance supplied by the Contractor (or any subcontractors) shall not relieve the Contracior of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate the Contraetor from liability; and (4) no special payments shall be made for any insurance that the Contractor and subcontractors are required to carry, all are included in the contract price and the contract unit prices. Any of such insurance policies required under this section may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby. The Contractor shall furnish the Owner with satisfactory proof that he has provided adequate insurance coverage in amounts and by approved carriers as required by these contract documents. Questions should be directed to Pedram Farahnak, via e- mail ( pfarahnakunci.south) e.tx.us or fax (817-481-2097) PROPOSAL SCHEDULE "The undersigned bidder having thoroughly examined the contract documents, including plans, specifications, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment:, and material, except as specified to be famished by the city, which is necessary to fully complete all of the work as provided in the plans and contract documents and subject to inspection and approval by the City of Southlake, Texas, and binds himself upon acceptance of this Proposal to execute a contract. Contractor proposes to do the work within the time stated and for the following sums: BASE BID: All work required by the specifications, including labor and materials for power washing public sidewalks in Southiake 'Town Square quarterly (at a minimum), all work not specifically identified as an alternate TO "1'A1. BASE BID: Y, ,per quarter for four times = $ ���' ALTERNATE NO. ONE: All work required by the specifications, including labor and materials for picking up ALL (including cigarette butts) trash in landscaping on public property located at Town Square five days per week. Contractor is to spend no less than two hours per day on this task. AI_T NO. ONE T'O'TAL:: $ n d er week for 52 weeks = $ b ALTERNATE NO. TWO: All work required by the specifications, including labor and materials for cleaning (vacuuming, blowing, or sweeping) public sidewalks in Southlake Town 4 Square five days per week. Contractor shall ensure the sidewalks are clear of all spills prior to performing this task ALT. NO. ONE TOTAL: 5— 1 _pet' week for 52 weeks = $ ALTERNATE NO. THREE: All work required by the specifications, including labor and materials to perform the following for special events (an event held in Town Square that is sponsored by the City of Southlake): • cleaning (vacuuming, blowing, or sweeping) public sidewalks in Southlake Town Square, • pick up all trash in landscaping on public property, and • empty trash cans and replace trash can liner. ao ~ ALT. NO. THREE TOTAL: S 1 4P 1 1 _per day, per event for five events =$ ALTERNATE NO. FOUR: All work required by the specifications, including labor and materials to perform the following for any future sidewalks in Town Square (see map #2): • cleaning (vacuuming, blowing, or sweeping) public sidewalks in Southlake Town Square, • pick up all brash in landscaping on public property, and 9t.:' 1' (!S <� • empty trash cans and replace trash can�iner.a',1 (x� ALT. NO. FOLK TOTAL: S 5 p er LF BASE BE): ALT NO. OI` - TOTAL: ALT. NTO, TWO TOTAL: ALT. NO THREE TOTAL,: TOTAL of Existing Services . 4 S 4 lc 8�' $ LA 23`1 $ -- s $ I ALT 'NO. FOUR TOTAL: __ __ I Bidder will be chosen based on lowest responsible bid, which includes base bid plus chosen alternates. The intent is to award this contract to one bidder. Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are in compliance with all applicable regulations. The bidder agrees to begin said service on March 1, 2005 and continue service through February 28, 2006. The contract may be canceled by either party for any reason upon thirty (30) days LF written notification. however, the City may terminate this contract immediately, upon written notification, for unsatisfactory performance by the successful bidder. Upon termination, a final accounting will be made of the fees payable to the successful bidder. The City's good faith determination of the amount due in this regard shall be final and binding between the contracting parties. The successful bidder shall not be entitled to lost or anticipated payments in the event of the City's exercise of such a right. This agreement may be extended for four additional one year periods if written notice to extend the agreement is executed by both parties not later than thirty (30) days prior to the expiration of the then current contract period The City reserves the right to withhold any payment or partial payment otherwise due the Contractor for any unsatisfactory performance or damage by the Contractor. This amount shall be withheld until such work is corrected. If the City is dissatisfied with the quality of the Contractor's performance, or if the Contractor fails to comply with the terms of this Agreement, the City shall so inform the Contractor in writing, noting all areas of dissatisfaction and the Contractor shall correct the deficiencies within 24 hours after receipt of the notice. If the Contractor fails to correct the deficiencies within the said period or Contractor receives more than one such notice for the term of this agreement, the City may elect to: a Perform the services itself, or obtain others to perform the services, in which the City may recover those costs by deducting that amount from the Contractor's monthly invoice; and/or, b. Terminate the Agreement immediately by giving written notice to the Contractor. Termination by the City under this section shall be in addition to all other remedies that the City may have against the Contractor. Receipt is acknowledged of the following addenda: f � Addendum No. i (SEAL.) if bidder Corporation � —_ -__ _ _ -- Addendum No. 2 y �/ Addendum \o..3 ' -- ----- . -. - -. ._ -- "ctfull submitted V CA Et By Title Address G. wwom 0 11omw NASM - Map 2 U 11 1� v Ew] ~0 h Nvy"If