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:
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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
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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
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