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C2013-242 - 7/23/2013 - Approved
Attachment I SERVICE AGREEMENT Contractor ISS Facility Services Inc. Supply Agreement No.SA THIS C-A*W A:a_ vi (this "Agreement") is entered into by and between ISS Facility Services Inc. (the "Contractor") and the City of Corpus ChristL a Texas home-rule municipal corporation (the "City") by and through its duly authorized City Manager or designee("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed t o p rovide Custodial Service for Frost Building in response to Bid Invitation No. BI-0135-13 in accordance with Specification No. 1088 dated Revised 02/14/13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform the Custodial Service for City Hall, Frost Buildings and Facility Maintenance in accordance with Specification No. 1088. 2. Term. This Agreement is for twelve(12) months commencing on the date signed by the last signatory hereto and continuing for twelve months thereafter. The to includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager or his designee("City Manager"). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations and this Agreement including deductions for non-perfbrmance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is Building Maintenance Superintendent. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will fumish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 2013-242 7/23/13 M2013-112 ISS Facility Services Inc. INDEXED 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract inistrator® Additionally, the Certificate must state that the Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 as of the City Manager's written request. 66 Assignment. No assignment oft `s Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence oft is Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7® Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year oft e City, is fiscal year ends on July 31 of each year, is subject to appropriations and budget approval providing for covering such contract its as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. iver® No waiver of any breach of any to or condition of this Agreement, or Specification No. 1088 or Contractor's bid offer to Bid Invitation No. BI-0135-13 waives any subsequent breach of the same. ® Compliance with laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out oft 's Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Building Maintenance Superintendent, Contract Administrator. In in subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set f o r t h as part of this Agreement are applicable to all subcontractors and their employees t o t he same extent as if the Contractor and its employees had performed the services. 11® Amendments. This Agreement may be amended only by written Agreement duty authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. ®1 or Specification No. 1088. Failure to keep all insurance policies in force for the entire to of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work days' written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period,the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may ten-ninate this Agreement upon 20 days' written notice to Contractor. However, City may terminate this Agreement on 24 hours' written notice to Contractor for failure to pay or provide proof of payment oft es as set out herein. 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after payment is due. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. Contractor must adopt a Drug Free Workplace Policy. 15. Violence Policy. Contractor must adopt a Violence in the Workplace Policy. I6® Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is received on the day faxed or hand delivered and on the it day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Building Maintenance Superintendent P.O. Box 9277 Corpus Christi, Texas 78469-9277 FAX No.: (361) 8263395 IF TO CONTRACTOR: Contractor Name: ISS Facility--Services. Inc. Contact Person: Sharon Bueno Address: 545 North Jpper Broadway Suite 501 City, State, Zip: CoKpus Christi Texas 78401- Fax No.: 361-882-2838 1 7. Month-to-Month xt s . If the City has not completed e bidding races and awarded new supply agreement u on expiration of e original contract period or y extension period, the Bidder shall continue to provide goods/services under this Agreement, at the most current price under the terms of this supply agreement or extension, an a month-to- month an is, not to exceed six months. This supply ree ent automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid contrary to any existing or e applicable lava, such invalidity shall not impair e operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION LIABILITY,CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, AAD ALL LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES INJUR[ES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF ! ! COSTS, ! FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CA USED OR ARE CLAIMED TO BE CA USED B Y THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMLVED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. MUST, AT EXPENSE,ITS OWN DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AAD EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, f LOSS, CLAIMS, DEM4,NDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER SIGNED is-k$ay of . . 2013 Contractor: �® n yen Title: General Manager _ at : - ----- Michael Barrera Assistant Director of Financial Services ATTEEST ARM CnySECFMTM- Inc orated by Reference: ExhibitA-1: Bid Invitation No. I-0135®1 (includes Specification No. 1088 Insurance Requirements). Exhibit Bidder's i NY fL s, k CTY10YCORPUS,CHRISTI PURCHASING:bI I0N 'BOX 927 CORPUSC , I,TM ,174 - 277 AN 77 7 _., INVITATION TC:� irr�rrsarIorr xo,:ti B (Must appear on Bidder turn envelope} c6Mm D'ITY: Gas dial Sery ces fgr.City,Hali,-Frost Building F cilzty Mauitexiance `. QU. Orr NO.{s) BID CL©SING.TIME 4.00 A.M :Central Time arc 2 �y`Pvrchasing Dir+tsion Time Stamp) This invitation inclndest e'fo s: Bid invitation Notice to Ail Bidders � 'For information contact Special=Instructions=to Bidders Instructions to,Bidders S dard,Purc �e Terms&Conditions Sheet Gabriel Maldonado Specification,1088 ,Additional;ln ctions to Bidd Se iar Buyer, Insurance Requirements 6P (361}926-31, 65 SupplyAgrechi6t Standard Provisions 4A ac ent I Service A ement ` '*Disclos ' "oflnt *Business Designatiob"Form *These documents musf be ro rl ,com Ieied ann returned ltefare theBI7 CIaOSING TIME. f (Refer#o `Ins ' cons to ' ders fore completing) The undersign , by,hlsiher,sig tare, represents,thaUbe/she is`aathorized t find the idder and,shsll fully comply wi e terms and>'conditio`ui fit e;a shed. i vi do , Sped do s;and Spiel'°Pro ' io s`for"the"ansot� t(s), howa on, "e accompanying;bid doIcume ts, rf the offer is accepted within calendar da s;(40 days";an'' ' a,AifferenVperiod;is inserted), after"date f bid opening. y Fir Name: ISS: ac`i .Se , is Inc. , Tele one:,,,361; y 2-2 2,. Ext. Address:" 54 Worth rth U �"r roadway Suite 5 1 t` ,361-982-483& .. " .,r. m, City: Corpus Chrisix State: TX Zip 78410 f`E-mail: shar6n.bueno @us.isswarid:com �. ... `Fire 15Y`iti ipa.i tace'ofBus<oess: r . t Address 'S4SNorth' rBroadwa Ci ppe„ y ty.: Corpus Chr S te: TXZipz 78401- t, ate 311912013 `Signature of Person Apthdriu to Si i$ Signer's Name: Sharon Brteuo Titles; Gene >a er (Pl ease print'or type) x. f REQUEST FOR I 1 CITY PURCHASING h�� . Bid Invitation for Bid No.: BI-0135-13 Addendum No. ate March I2,2013 In reference to the above Bid Information the following change is to s, noted. t r. 1) Specification,N6.4 088 page 12 of 20,�subtitled A.1 1.1 SERVICES ( CE AREAS);. which,currently reads: A.11.I.NfGHTI.Y SERVICES OFFICE AREAS): Contract shall perform the fallowing nightly: A.l 1.1.1, g"& . esk To Cleaning: (NOTE: if office S locked keys not' provided to Con ctor," " then that particular office is not to be cleaned.} (a) t desk,tops in office areas NOTE° stacks o gaper, desktop equipment are not to be m&i,ed, only cleared has of desktops are to:be dusted s (b)bu' stEborizontal &vertical"surfaces of all fil a. (c) D all hi & low office partitions&cubiclelsep tors. (d) Dus i ottoms &back braces of chairs. A.11.1.2. oors & Frames:'Dust spot clean doors, es surioundingwall areas; special attention to ,areas wi h.visi l&h `d dlor foo rints. f' :C A A.11.1. ICY S VICES" OFFIC AREAS): Can to 'sh l;pe o he folio g m tly A.11.1.1. Taste Rees tap_Iles: Empty trash receptacles, keplaciiiig liners and leave an extra trash bag in the bottom of" e recep le:"Place recep clei original location d;posittion. A.11.1.2 Dustin i & Desk To "Gleam : {(NOTE: if office F"locked & ke snot" rovided to Contractor then that particular 6," " 'd is not to be cleaned.} (a) Dust;desk tops in office'areas!VOTE. stacks, ' c3�r des op equipment are Wert to be`moved- anly cleared a as of desktops rrre to be dusted r ( orizontal vertic surfaces of 1 s (c) hi low o" ce p `tio cubiclep atars. (d ,D t� o s back braces of chairs. A.11.1.3.Doors F e : Dust & spat clean,doors es s ounding wall areas; special attention to areas withxisible' hafi-id'and/or fbo is. d s 2) eci ca i, . 1 a e 12 of ,subtitled A.12.1 Y ME-WEEKLY SERVIC (OFFICE AREAS).—which'currently'readst A.121. ; VE Y _SERVICES,,, �OFFI A Contractor, shall a e A, following services three (3) times each week; to be perfo �.on koh'day,'R'e esduy'& Friday if note stated otherwise. .12.1 I.I. e ls: Empty trash receptacles,reply liners leavean extra trash bag . bottom o£the,receptiacle. Place receptacle in original location' position. .121:2.,Floors (a) 'Sweep solt clean,hard s u ace floors. (h) acuum & spot,clean all c arpeted ' areas in tidingbreak-rooms copier areas. (c) Replace chairs into desk ` ee wells tables. (d) mop .,spray�b ,h . �s ace f oo ISCHANGED A.12.1. TIMEE TIME-' TI�EI I Y S V F_S GFFlC SAS Contractor shall perform the fo110 g,services'three (3) times each ek; to ,perfc don dry ay, e'nes ay Fri„ay or as required., A.12.1.1.°F . (°a) Sweep-&spot clean hard surface:floors.' (b) Vacuum&spot clean all carpeted areas in uding break rooms 8c copier areas. (c) eplac' chairs, nto desk wells d 'fables. (d) Damp mop&;spray buff hard surface flop "ALL I " j s ]Buyer: Gabriel Mgdonado, x ` Senior Buyer 1. ACKNOWLEDGED 1� ISS Facilfty Services Inc.""" P 3/103 FIRM N AUTHORIZED SI A 1 DATE` One copy musYbe,returned to the Purchasing!Division prior to the closipz dkte,of the,Bid. ,4 C TY F CORPUS C I PURCHASING I �� _ -BID SHEET BID,INVITATION 0 <BI-0'135-13 q{ " 1 2 3113 13 ISS Facility° Services Inc. I 'AUT RIZED SIGNAT URE I. efer to"Instruction's to idders'".and Standard Purchase Terms ald Conditions before eoinpleting bid. 2. Quote your best price,F.O. .;Destination,on each item. 3. In submitting this bad,I certify: a. ' That the prices in this'bid have,been arrived at independently,without consultation,communicatiota,or agreement Wwiih airy other bidder or cainpetitor,far the purpose of restrictin-compet" n with r "ard to prices; b., That 3�a an]Equal Opportunity Employer;and c. That the a disclosure of Interest ihforrdation on file wit City pur asing pursuant to the Code of 01rdinance is current and-true: KKUNIT TOTAL ITEM _ _ DESCRIPTION QTY UNIT: PRICE Twelve month,Supply Agreement with option to extend for,- up to, two.(2) 'additional twelvemonth periods, suajectjto e approval of the supplier and the City Manager or his designee for 'Custodial Services in accordance ; WMI Specification o: 1'088. 1.0 Custodial,Servide,for three (3) locations,price shall includes. I. All Labor-Nightly Services 2. lns ce ' 3. Service Equipment 4. Materials 5. Supplies ° 1.1 Custodial Service for City Fall located at 1201 Leopd 12 Mo. 10,962. s 131,544. Street, Corpus Christi, Texas 78401 in accordance with Specification No. 1088. i 6 1.2 Frost Building Facility located at 2406 Leopard Stre t, Co us Christi, Texas 78401 in accordance w� 12 Mo. 3,51& 42,216. Specification Ira. 1088. 9 1.3 Facility ainte ce locate at 5352 Ayers,,Bldg 3 't, Corpus C Texas 78415 in accordanc e wr 12 Mo. 971. 11,652.: Specification No: 10 8. s �F CITY OF CHIiiSTI PURCHASING I. fP BID SHEET CONTINUA ;ION BID INVITATION NO. I3I 41�3 -13-13 PAGE20F2 3/19/2013 , y ISS Facility Services Inc. BIDDER A4, ORIZED SIGNATURE UNIT TOTAL, ITEM DESCRIPTION �r' (QTY UNIT � PRICE PRICE 2.0 Daytime Custod rV ial Se ice—Ontsidethe Building 2.1 Debris Removal after inclement weather, natur4f`" 120 'Hours 17.48 2,096 disasters or catastrophic emergencies. Debris would b�1 considered any small objects less than 40 lbso (brokefi'" " z gl s leaves,tree limb s,,buildi "materials,etc.) Hourly per employee: 17.48 NOTE: Attachment I (Service Agreement) Bidders;° e required to sign attached contract marked Attachment I. The signed contract will be made part oF""B bidder's offer and must be returned with bid. "Failure t ; a do',say may result in your bid being deemed nom responsive. The City will complete the successf r � bidder's contract when offer is accepted. � a I p y Ei f E F Attachment I 1 V SERVICE T �s Q Contractor Facffity&rviees c. 'Supply Agreement No.'SA IS is api-ice ee Vent,( is,"A ee ent" is.entered into by d between ISS Facility'Services Inc. (the `Contractor') and the City o l ftorpus Christi, a Texias home-rule municipal corporation (the "City„) y an !i t r©u *q �rlW ' ut orize Ci nra er 6r designee O'City Manager"), effective for all,purposes upon ecutian by the Ci, Manager: WHEREAS Contractor has proposed to provide"C sfand dial Service, fdr,City, flol, Frost Building 'aad Facility Maintenance in response ,to id Invitation loo: 11I-0135-13 in accordance Specification o. 10882 dated Revised' 114/1� w 'ch is ` co"" rated and attached as Exhibit A; WHEREAS the City has determined Contractor to be �4owest respo ible bidder; NOW,THEREFORE, Contractor and City enter into t i" A greern e #and,agfec'as follows: 1. Services'. Contractor will perform the Cus4lial Service for City y Frost Buildings and Facility Maintenance in accordance with Sp 6fcation No.1088.. 2 Term.' is Agreement is for twelve,(12)rnpts commencing o a date signed _r by e last si atory heretod continuing for twelve ino s` er . fter. .,te includes an option to extend for up to two additional twelve-month p diods subject to the approval of the Contractor d the:City Manager or 's esi a ("City gager''). ,z . Contract Administrator. The Contract A " ' strator designated, the City is �: responsible for approval of all phases of performance' 'd b eratibns under is 'Agreement including deductions for non-performance land authorizati "s for payment. All,of Contractor's notices or communications' regarding is agree eat "lust e` ecte ' to e Corr et Administrator,who is Building Maintenance Su iintendinL 4.Independent Contractor. Contractor will perki'm the services hereunder as an independent contractor and will furnish such services; in i i own manner d, 'e od, d under no circumstances'or conditions may any agent, servant, or ployee of Contractor" be considered as an employee of e City. s F, x, 5 Insurance. Before activities can e in der this Agreement, Con ctor's insurance co p y(ies) must deliver a Certificate of i"Izu'rance, 'as proofl:of,the required insurance coverages to the Contract Administrator.� Add�tf �n ly, a Certificate List state a t the Contract �rclniiraistrator will be given at least thirty ( 0) days'�notice, by:certified miail, of cancellation aterial change the``coverages or.intent n "t to renew ` y of the policies. e City must be named as an Additional Insured. The City ttorney must be given copies of all insurance policies 'Within l5 days of the City Manager's wri 'en request. 6. ssi °ent. No assignment of this Agree nt or any right,or' merest therein,by Contractor is'effective unless the'City first gives,its wri tta ;co ent to such assignment.', e performance of this Agreement by Contractor is of the ess'Once of this Agreement 4nd the City's right,to"Wilffiold,con8ent to such assignment is withi g sale discretion'of`the City:oft y ground whatsoever. 7. isc ear. All parties recognize that,thellc6ntinluation o y;con ct afterlthe close of a ty fisc year of e City, which fiscal,ye endskon,July 31 o each year, is subject to appropriations and,,budget providing for coveringsuch contract'item,,,as,,an:expehdituid in said budget. The City does not represent that said bud iteaa will be,actually adopted; that dete ination is within the sole discretion o e City Co cil at e time o option of budget. 8. aiver. No waiver of any breach of any term, or condition of this Agreement, or, e ` ea i . l or Con ctor's bid o er to i I ` ti No.` " 3 Waives,any subsequent re hothe same. 9. o lia ce i I s. s Agreement is su ject to all,l;eder laws d laws of the State of Tex, `. All'duties of the parties will 'be perf6friied,jii the City of Co ' Christi, Texas. The applicable law for y'legal disputes arisingl6ut,of this,,Agreeffierit is�,the law,of Texas and such form and venue for such disputes is the propriate district,,;county, or justice court in and for Nueces County,Texas. 10. Subelontractors. Contractor may use subcontractors in connection the work p o ed dery is Agreement. en using subcon c s,'however, Con ctor mi t,ob . pri�ir written,approval from e uilding ten lee 5u y i tendent"contract Ad . istrator. 'In using subcontractors, Contractor is responsible for all fiieir acts and<c�missions to he same extent as if the ubcontractor and its employees were ernpl ees of Conu actor "All requirements, set forth as,part ofthts Agreement ate applicable to,all sub hi tractorsandib" eir-employees to the same extent as if,the Contractor and its employees had perf rmed�the services. 11. Amendments. °s Agreement may be a ed:only by written Agree mient duly authorized by the parties hereto and signed by e ies S r 1 Termination. a City Manager may to in, to s Agreement for Contractor's failure to pe o e service specified in i Invitation o. - - br` pec` gcatio o. 1088. Failure,to keep all insurance policies in farce far a entire to of,this,A gr ee et is grgunds,for termination. The Contract Administrator must give Contractor 5 work days''written notice of the breach and set out a reasonable opportunity to eure. If they Contractor has not cured within the cure period,the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may, terminate this Agreement upon 20 days' written notice to Contractor. However, City may terminate Ahis 'Agreemo nt on 24 hours'-, notice to Contractor for failure to pay or provide proof of payment ofjtaxes as set out herein. 13. Taxes.'' Contractor'covenants to pay ayr61k„4 es,' edit a es, FIC taxes, unemployment' es; 1 other,related es accori o Circular plover's Tax Guide, ' publication 1'5, it ay ended. Contractor t pryide'proof of pa of: ese, es within'30 clays ai�er'payrttent is'due. Failure to pay or pro-i de proof ofpay4rgent is grounds for the City-Manager to immediately terminate this Agreemen t f 1 .Drug Policy., , Contractor must adopt a ru pree or lace;Policy. s 15 dole ce olicy. Contractor must adopt a Viol ce in the WorkplacePolicy. 16 Notice., Notice may be given by fax, h di`delivery, or' certified .quail, 'postage prepaid, and is received on the day faxed or hand delivered"and on the third day after deposit if sent certified 'l. Notice s l be sent as follows: IF t TO CITY: P City of Carpus Christi Attention:�'Building Maintenance Superintendent % P.O. Box 9277 % Corpus Christi,Texas 78469-9277 FAX No.: (361),k6-3395, IF TO CONTRACTOR: Contractor Name: ISS Facility,Services lnc. Contact Person: Sh 'on ueno Address: 545 ; North Lipper Broadway Suite 501 City, St P'e, Co .0 sti Tex ,78401- Fax No.: 361-882-2838 '' 17. Month-to-Month Extension. If the,City has not completed the bidding process-and awarded a-new supply agreement upon expiration of the original contract period or any extension period, the Bidder shall continue to provide,goo&services under this Agreement, ,. at the"most current price under the to of this supply agreement or extensioni on a month-to- month basis, not #o exceed six months. This supply,aement automatically expires on the effective date of'a"news contract. 18 Severab' 'ty. Each provision of the A eemcnt ,shall be considered to be severable and, if,.for any reason, any such provision or any'part thereof„is, determined to be invalid and contrary,to any existing or future applicable la ; such invalidity shall not:impair the operation,of or ect those portions of this Agreement that a valid,but-this A ement s 1 be construed and enforced in all respects as if the invalid or u enforceableprovision or part thereof had been omitted. 19: INDEMNIFICATION CONTRACTOR ,,AGREES TO IN E I J.HOLD AND DEFEND:, THE CITY OF CORPUS ; CHR 'TI AND ITS OFFICERS, E E . A1V A GENTS, (I NIT GAINST ANY AND „r LT , L S, (W MS, S, SUITS cA USES ACTI o O F IV N ACC ,U T ?' ,,PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE ITIGATION',"COURT R ANY 'OT�HEK KIND- OF DAMA NCL N L' ES` F COSTS, ti AT YS' F ES AN X T ITNE .S F � S IC S . OR ARE ,CLAIMED TO ARISE OUT OF OR IN CONNECTI(JN° WITH THIS CONTRACT� T C , , THIS ''�-' COATAACT, PEG LESS, F 'WHETHER THE INJU ,S, EAT S ARE CAUSED;OR ARE CLAIMED TO: E CA USED BY THE �. T . T O1V URRENT C� I TI N LI YO. � I NI S T NOT BY THE, NEGLIGENCE OF INDEIVINITI ES UNM1�D WITH THE FA � LT A 1: , q T S U y. C T CT T. AT ITS OWN EXPENSES INVESTIGATE ALLC'LAIMS ;AND; DEMANDS, TTEND T THEIR,SETTLEMENT DEFEND r v S L� TF CT Y T L ACTI S D T N T INDEMNITEES= AND PAY ALL ' GES OF ATTORNEY AND ALL OTHER,,CST AN E SS. F Y ARISING,,F F SAID ;LIABILITY, DAMAGE, LOSS, CLAIM DEMANDS OR ACTIONS. THE._ I NI ICA N "OBIfIGATI. NS "F C CT. R I U THIS ;SECTION SHALL SURVIVE :THE; .�XPIRATI011N QR SOONER T E INA 2T0W OF THIS A x fx ,a s S16NED this-Af5ay of 0-'2013 . Contractor: Name:, ®n u&no, Title:,General l a er CITY OF',C IJS CHRISTI �. Date. 11L B arrera Assistant Director of Financial Services Incorporated by eference: Exhibit A-1: Bid Invitation No. BI-0135-13 (Inclu,es[S ecifacatiort No. 1088 Insurance Requirements).' Exhibit B: Bidder's=Bid A, s; ls- 3. f. S P,f i C' ', : Christi t SUPPLIER NUMBER � TO BE ASSIGNED B PURL INN DIVISION C1T, Y OF-00R US C R STI DISCLOSURE' OV INTEREST City of Co us Christi in ce 171,12, amended, requires' "all ors or s seeking to do business 't e City to provide the following information. ;Every iluestion,must be answered. 1f the question is not applpcable an wer with"NA". See reverser side for Filing a uirements,Certtft gtions 'definitions:� ' CO ANYNA E. 1SS Facility Services Inc. P. O. OX: STREET ADD 1,SSa 545 North Upper Bro adway 501 CI Corpus Christi ST e , ZIP: 7841 FIRM IS., 1. Corporation 1 Partnership 3. Sole Owner 4. association 5. Other DISCLOSURE 1QUEST)IO S If additional space is necessary,please use the reverse side of this pag ror attach separate sleet. 1.:State°the names of each"employee" of the City of Corpus Christy!°having:and `ownership;interest" constituting 3%or more of the ownership. �in the a ve named "fi "' Name Jo``Title and City Department(if known) i 2. State the names of each "official" of the Ci of Corpus Christi haVirig air `;ownership interest" constituting 3%or more of-the ownership in' e above name "fi " t 'Name Title A 3. State a names of dh "board member" of the City'' of Co us Christi having ownership interest constituting 3%tar more of the ownership in the above named"f . Name B ard,Commission orCommittee 4. State the names of each employee or officer of a "consul f',for e.City of Corpus Christi who worked on y matter related to the subject of is contract has `"owner l interest" con ituting'3% or more of; e owmet=shi ''in the a v'named "firm." Name C /sultant FELING If a person who re ate o acial action.on a matter knows thatthe regdested action ill co fir: economic benefit " on Any City o icial or employed at is distinguishable` from a effect arthe action; t,. 6, CERTIFICATION I certify that all ,inforin ation ravided is a and,, as,a the date of this'statementy at I have not awing! withheld di losure o y=info tion requested,. d suppleme statements will be promptly sbbmitted to the City of Corpus Christi,Texas as changes riccur: Ce ' 'ng a n: Sharon Bueho, Title L- General a er (Type or print) Signature ofCertifying'Person, 3!19113 DEFINIITION'S a. `Board member. Almember of anyboard, commission;'or,co �mittee appointed by the;City Cr�uncil of the City of Corpus Christi,Texas. b. "Economic nefit". An action"that is likely to affect an,economi n terest if it�is likely to have an,effect on that interest.thav is distinguishable from its effect,on members-of tl :public In,general or a substantial segment thereof. c. "Employee" Any person employed.by e=C' of,Co us Ch stL Texas ei er,on:a full or time basis P, - , but not as inde'pen' contractor. rXi d.' "Finn." ;Any entity operated for economic gain, whether prof es Tonal,industrial or,commercial, and whether establish,&d to produce or deal with a product,or service 'mclud' g.°but not 1 h ited�to,;entities:o rated in the forntof sole proprietorship, as self-employed person,:partnership, corporation; joint stock company, joint venture,receivership or sty d-entities which for pu sesof tion area treat z non-profit organizations. e. "Official." The Mayor, members of the City Council, City, gager, Deputy City:Manager, Assistant City Man I Department and,Division Heads, d unicipal"Court JudgesoftFieeC#y ofCor usChristi,Te" xas f. "O ership=Interest." Legal or equitable interest,`-whe er ctually, or cons ctively held, in 'a firm, including-4h such interest is'held�throu a tint; t,-es e';or"holding entity. °`Constructively held" " refers to-;holdings or= control established through".voting tri.(s "',proxies,—or special-:terms. of venture or partnership agreements." g "Consul t."Any person or firm, such as engineers,an c itec i byl c.city of Co us Christi for the, purpose of professional consultation and recommendation. CI Y IJ I PURCHASING I BUSINESS DESIGNATION FORM ENSURE THISTORM IS SUBMITTED WITI OLR BID RESPONSE PLEASE INDICATE M2MTHERXOUR COMPANY,IS AriY ONE OFD T FOLLO O: 0 YES E l' p - C EILTIFIE�D gIIST'ORICALLY UNDER > ILE ED,BUSINESS (HUB) Select I � i at e4pgro riate: E] ASIAN PACIFIC , 0 BLACK Q HISPANIC NATIVE AMERICAN . [] 'WOMAN ' Please visit the following website for informanon on becoming a Texas Cenified HUB: tl a „oases t - ,LOCAL SMALL BUSINESS A for-profit entity employing less than 49 employees located within the City limits of .orpus Christi,Texas S ERNO OT (PLEASE SPECIE IS COMPANY IS NOT A,CERTIFIED HUB or LSB t �z i. r THE INFORMATION'RE UESTED IN 'TATS FORM I FOR STATISTICAL IIEPORTI[NG L Y, C ",DECISIONS OF MONIES EXPENDED "I �C.. AINV BID -INVITATION CIO:.B I D I35-13 Finn e: I'SS Facili ty S,e rvtces Inc. Telepf�one: 361-88_-2882- ;Ext. Address: 545 North Upper Broadway Suite 501 Fax: 361-882-2838 City: Corpus Christi State: TX Zip: 78401- E-mail: SharomBueno@usoiss orld, Late: 3/1912013, Signature of Person Authorized to Sign Form Signer's Name: Sharon eno Title: General Manager, lease print or e) REQUEST FOR BID CITY OF CORPUS CBRISTI PURCHASING DIVISION Bid Invitation for Bid No.: BI-01 35-13 -Addendum No. I Date March 12. 2 13 In reference to the above Bid Infori-nation the following change is to be noted. 1) Specification No. 1088, page 12 of 20, subtitled A.11.1 NIGHTLY SERVICES (OFFICE AREAS).- is currently reads: A. 11.1.,NIGHTLY SERVICES (OFFICE AREAS): Contractors all perform the following nightly. A.11.1.1 Dusting & Desk Tor) Cleaning: (NOTE: if office is locked & keys not provided to Contractor, then that particular office is not to be cleaned.) (a) Dust desk tops in office areas NOTE. stacks of paper&desktop equipment are not to be moved; only cleared are of desktops are to be dusted. (b) Dust horizontal &vertical surfaces of all furniture. (c) Dust all high& to office partitions & cubicle separators. (d) Dust bottoms &back braces of chairs. ®11.1.2. Doors &Frames: Dust &spot clean doors, frames & surrounding wall areas; special attention to areas with visible hand and/or footprints. IS CHANGED TO READ .11.1. I TL VICES (OFFICE AREAS): Contractor shall perform the following nightly. .11.1.1. Waste Receptacles: Empty trash receptacles, replacing liners and leave an extra trash bag in the bottom oft a receptacle. Place receptacle in original location and position. A.11.1.2 Dustiniz & Desk ToR Cleaning: fNOTE: if office is locked & keys not provided to Contractor, then that particular office is not to be cleaned.) (a) Dust desk tops in office areas NOTE.-stacks of paper&desktop equipment are not to be moved; only cleared are of desktops are to be dusted. (b) Dust horizontal &vertical surfaces of all furniture. (c) Dust all high& to office partitions &cubicle separators. (d) Dust bottoms &back braces of chairs. .11.1.3. Doors & Frames: Dust &spot clean doors, frames & surrounding wall areas; special attention to areas with visible hand and/or footprints. 2) Specification No. 1088, page 12 of 20, subtitled A.12.1 THREE TIME-WEEKLY SERVICES (OFFICE AREAS): which currently reads: A.12.1. THREE TIME-WEEKLY SERVICES (OFFICE AREASh. Contractor shall perform the following services three (3) times each week; to be performed on Monday, Wednesday & Friday if not stated otherwise. A. 12.1.1. Waste Recep tact es: Empty trash receptacles, replacing liners and leave an extra trash bag in the bottom oft a receptacle. Place receptacle in original location and position. .12.1.2. Floors: (a) Sweep &spot clean hard surface floors. (b) Vacuum& spot clean all carpeted areas including break rooms & copier areas. (c) Replace chairs into desk knee wells &under tables. (d) Damp mop &spray buff hard surface floors. IS CHANGED TO READ A.12.1. THREE TIME-WEEKLY SERVICES ( FF(CE AREAS Contractor shall perform the following services three (3) times each week; to be perfbrmed on Monday, Wednesday & Friday or as required. x.12.1.1. Floors: (a) Sweep &spot clean hard surface floors. (b) Vacuum&spot clean all carpeted areas including break rooms & copier areas. (c) ,Aeplace chairs into desk knee wells &under tables. (d) )Damp mop & spray buff hard surface floors. "ALL OTME-R-TE S AND CONDITIONS TO REMAIN THE SAME" 77 Buyer: - .7- G:anel Maldonado, i S for Buyer ACKNOWLEDGED BY: FIRM NAME AUTHORIZED SIGNATURE DATE One copy must be returned to the Purchasing Division prior to the closing to of the Bid. CITY OF CORPUS I PURCHASING DIVISION 277 CORPUS T"I, TEXAS 78469-9277 (Must BED INVITATION INVffATION TO: RmTATIONNO.: BI-0135-13 appear on Bidder's return envelope) COMMODITY: Custodial Services for City HA Frost Building Facility to ee REQUISITION . (S) BID CLOSING T m 11:00 A.M. e i e March 20, 2013 (By Purchasing Divisi Time Stamp) This invitation includes these forms: id Invitation Mice to All Bidders For information contact: Special Instructions to Bidders Instructions to Bidders Standard Purchase Terms&Conditions id Sheet Gabriel Maldonado Specification 108 Additional Instructions to Bidders Senior Buyer s ce Requirements Telephone: ( 6I)tI 6-3165 Supply t Standard Provisions *Attaclunent IService A t *Disclosure o terest *Business Designation Form *These n e t be properly completed returned fore the CLOSING T BED of to"Instructions to id s"before completing) The undersigned, by his/her signature, represents at he/she is authorized to bind the Bidder and shall fully comply with the terms and conditions of the attached Bi `t `o Specifications, Special Provisions for the amount(s) s o on the accompanying I documents, if the offer is accepted within calendar a (90 days unless a different Is inserted) after date of bid opening. Firm Name: Telephone: Address: : - City: e: Zip. E-mail: Firm's ci ce Business: A d d:r City; State: - Date: Signature f Person Authorized to i i Signer's e: Title: (Please print or type) NOTICE TO ALL BIDDERS 1. BIDDER SHALL SUBMIT ITS BID ELECTRONICALLY AS INSTRUCTED IN THE BID. VIA PUBLICPURCHASE.COM. 2. The Bid Invitation and all Bid Sheets must be signed by Bidder. 3. Bidder must state if bid is all or none, otherwise, City may pick and choose any its or group of items according tote City's best interest. 4. Before submitting your bid, please read all bid invitation documents carefully. If there are questions, contact the buyer indicated on the Bid Invitation. Any.discre ancies between the Bid Invitation and the Bidder's resgonse_generally extend the bid evaluation period and often cause the bid to be declared non- responsive and eliminated from consideration. FACSIMILE AND E-MAIL BIDS: The City's Charter and the City's Electronic Procurement Policy require that all submitted bids be sealed, secret, unopened and time-locked through the closing time specified in the Bid Invitation, to be publicly opened and read aloud in the presence of one or more City employees and those Bidders desiring to be present. Therefore, bids submitted directly to the City by facsimile machine or e-mail will be considered non-responsive-and-milLhLeli mj jnajtd_frQm_unsidffAtLan. SPECIAL INSTRUCTIONS TO BIDDERS, A re® i conference will be held in the Finance Conference Room, 4 A Floor, City Hall Building, 1201 Leopard Street, Corpus Christi, Texas at 10:00 AM Central Time (CT) on Monday,March 11, 2012. The purpose of the pre-bid conference is to discuss the Bid Invitation and specifications. You are encouraged to attend. Bidders' questions shall be submitted in writing, online via PublicPurchase.com using the electronic question feature specific to this bid and shall be submitted no later than 5:00 PM CT on March 11, 2013. Questions submitted after 5:00 PM CT on March I 1, 2013 shall be deemed late and shall not be considered. The City shall provide responses in writing online via PubliePurchase.com using the electronic response feature and/or in the form of written addenda electronically posted via PublicPurchase.com if such information is necessary to bidders in submitting bids or if the lack of such information would be prejudicial to uninformed bidders. Oral explanations or instructions provided by the City before the award of the contract shall not be binding upon the City. The date and time the Bidder electronically submits its bid via PublicPurchase.com shall be electronically recorded by PublicPurchase.com and shall be the official "time stamp" for the purpose of this bid. The time maintained by PubliePurchase.com shall be the official time for the purpose of the BID CLOSING TIME for this Invitation to Bid. CITY OF CORPUS CHRISTI PURCHASING DIVISION INSTRUCTIONS TO BIDDERS Preparation of Bids Any explanation desired by a Bidder regarding the meaning or interpretation of the Bid Invitation,drawings, specifications,etc., must be submitted in writing to Purchasing as detailed in Special Instructions To Bidders, Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective Bidder concerning a Bid Invitation will be furnished to all prospective Bidders as an addendum to the Bid Invitation, if such information is necessary to Bidders in submitting bids on the Bid Invitation or if the lack of such information would be prejudicial to uninformed Bidders. I. Specifications Bidders are expected to examine the specifications, drawings, standard provisions and all instructions. Failure to do so will be at the Bidder's risk. Bidders may provide a product exceeding specifications,as an alternate bid,if they so desire. 2. Information Required Each Bidder shall furnish the information required by the Bid Invitation, 'Me Bidder shall sign the Bid Invitation, Bid Sheet and,when appropriate, Specifications. Erasures or other changes must be initialed by the person signing the offer. Bids signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously famished to the City purchasing office, A. The Bidder should quote its lowest and best price, F.O.B.destination on each item. If delivery and shipping quantities affect unit bid price, multiple bids may be made so as to indicate "price break" quantities in order for the City to determine maximum economic benefits. Pricing should include packaging and transportation unless otherwise specified. Pricing shall be entered on the Bid Sheet in ink or typewritten, Totals shall be entered in the -Total Price" column of the Bid Sheet. I n c ase of discrepancy between unit price and extended price,the unit price will be presumed to be correct. B. Bids should be firm. If the Bidder, however, believes it is necessary to base its price on a price adjustment, such as bid may be considered,but only as an alternate bid. C. Transportation Charges. If the quoted price does not include transportation charges, such charges must be itemized separately-, provided,however,that the City shall have the right to designate what method oft sportation shall be used to ship the goods. D. Taxes, The City does not have to pay Federal Excise Taxes or state and local retail sales and use taxes. Tax exemption certificates can be provided upon request E. Time, if stated as a number of days,will include Saturdays, Sundays,and holidays. Time of delivery is part of the bid and is very important. The required delivery date indicated is at point of destination. If the indicated date cannot be met or date is not indicated,Bidder shall state its best delivery time. F. If the Bid Invitation indicates-approved equal-products are acceptable,the seller may offer an"equal"product as an alternate bid. Final"approved equal"determination remains with the City. G, Bids submitted an other for ms or with different terms or provisions will be considered nonresDonsive and will be eliminated from consideration. 3. Submission of Bids X Scaled bids should be returned in an envelope marked on the outside with the Bidder's name and address and bid number. Address to: City of Corpus Christi Purchasing Division P O.Box 9277 Corpus Christi,Texas 78469-9277 BID NO.: BID CLOSING TIME: B. Scaled bids may be delivered in person or by courier to the Purchasing Division on the 41h Floor of City Hall at 1201 Leopard Street,Corpus Christi,Texas,78401-2825. C. Bids must be returned in sufficient time so as to be received and time-stamped at the above location on or before the published bid date and time shown on the Bid Invitation. Bids received after the published time and date shall not be considered. 4. Modification or Withdrawal of Bids Bids may be modified or withdrawn by written or telegraphic notice received by the City purchasing office prior to the exact hour and date specified for receipt of bids. A bid may also be withdrawn in person by a Bidder or his authorized representative, provided his identity is made known and he signs a receipt for the bid,but only if the withdrawal is made prior to the exact hour and date set for the receipt of bids. 5. Evaluation Factors A. Lowest Responsible Bidder or Best Value. This contract is being solicited by competitive sealed bids, Therefore,the City will award the contract to either the lowest responsible bidder or the bidder who provides goods or services at the"best value"for the City, I The City may award purchase orders and contracts to the Lowest Responsible Bidder. To determine the Lowest Responsible Bidder,the City may take into consideration: as the quality orthc product-, b, the adaptability to the particular use required-, c, the ability,capacity,experience,efficiency and integrity of a bidder, d. a bidder's financial responsibility; e, a bidder's past performance or relationship with the City or with other entities-, f. a bidder's safety record;or & whether a bidder is in pending litigation or is involved in a lawsuit or claim against the City. 2, The City may award purchase orders and contracts to the bidder who provides goods or services at the"best value" for the City. To determine the best value for the City,the City may consider: a. the purchase price; b. the reputation of the bidder and of the bidder's goods or services; c. the quality of the bidder's goods or services-, cla the extent to which the goods or services meet the City's needs, e. the bidder's past relationship with the City; C the impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; g, the total long-term cost to the City to acquire the bidder's goods or services;and li, any other relevant criteria specifically listed in this bid invitation/request for bids or proposals, FAILHIF 10 CONIMN M I711 ALL REQUIRLMEN-I'S AND CRITFIRIA Oil QUALIFIC,kTIONS ()I: ANN' `I;%? IMSULT IN BIDDLR'S BID BLING UATNIFSATED HIONI CONSIDERATION, B. Partial Awards, Bidders may furnish pricing for all or any portion of the Bid Invitation, Unless the Bidder specifics otherwise in his bid,the City may av6ard the contract for any item or group of items shown on the Bid Invitation. C, Reservations. The City expressly reserves the right to: 1. Waive any immaterial defect®irregularity or informality in any bid or bidding procedure,, 1 Reject or cancel any or all bids; 1 Reissue the Bid Invitation; 4. Extend the bid opening time and date,- 5. Procure any item by other means; 6. Increase or decrease the quantity specified in the Bid Invitation,unless the Bidder specifics otherwise, 7. Consider and accept an alternate bid, as provided herein, when most advantageous to the City. in the event no bid is received that fully complies with all requirements and criteria used to determine the lowest responsible bid, 6. Acceptance Acceptance of Bidder's offer for an open market purchase will be in the form of a purchase order. Acceptance of Bidder's offer for supply agreements will be by acceptance letter. Subsequent purchase orders and release orders may be issued as appropriate, 7. Conflicts of Interest Bidders must comply with the conflict of interest provisions of the City Charter and Code of Ordinances. Prior to the submission of an), bid, each Bidder must file with the City purchasing office a disclosure of interests on the form supplied by the CityN Bidders are obligated to provide updated information concerning the disclosure of interests,as warranted, throughout the time the bids are being considered, Bidders who already have a current disclosure of interest form on file in the City purchasing office will not be required to submit a separate form with their bids provided that they have signed the certificate on the Bid Sheet certifying that the disclosure of interest information on file is current and true. 8, Equal Employment Opportunity Bidders are expected to comply with the Affirmative Action Policy Statement of the City with respect to its provisions concerning contractors. Any complaints filed with the City alleging that a Bidder is not an Equal Opportunity Employer due to activities arising during a previous City contract sill be referred to the Human Relations Commission ("Commission")of the City for the purpose of review and recommendation, Summaries of reports by the Human Relations Administrator or the Commission may be considered in any future bid invards by the City. The City expressly reserves the right to consider such reports in determining the lowest responsible bid. CITY OF CORPUS CHRISTI PURCHASING G IVI ION STANDARD P[1 CHASE TERMS AND CONDITIONS Seller and City agree as follows 12 SAFETY WARRANTY Seiler warrants that the product so=d to City shall conform to I. SELLER TO PACKAGE GOODS Seller will package goods in accordance with good the standards promulgated by the UJ S.Department of Labor under the Occupational commercial practice. Each shipping container shall be clearly and permanently marked Safety and Health A (OSHA) In the event the product does not conform to OSHA as follows (a)Seller's name and address, (b)Consignee's name,address and purchase standards,City may return the product for correction or replacement at the Seller's carder or purchase release number and the supply agreement nun if applicable: (c) expense In the event Seller fails to make the appropinate correction within a container number and total number of containers,e.g.box I of 4 boxes.,and(d)the reasonable time,correction made by City will be at Seller's expense. number of the container bearing the packing slip Seller shall bear cost of packag=ing; 13. NO WARRANTY BY CITY AGAINST INFRINGEMENTS As pan of this contract unless otherwise provided. Goo& shall be suitably packed to secure lowest for sale Seller sterces to ascertain whether goods manufactured in accordance With the transportation costs and to conform to requirements of common carriers and any specifications attached to this contract will give rise to the rightful clams of any third tipp hcable specifications. City's count or weight shall be final and conclusive on persona by ws`ay of infringement or the like, City makes no w ty that[he p section shipments not accompanied by packing;lists. of goods according to the specification will not give rise to such a claim.,and in no 2 SHIPMENT ER RESERVATION PROHIBITED Seller is not authorized to ship event shall City be liable to Seiler for indemnification in the event that Seller is sated on the goods under reservautat and no tender of a bill of lading will operate as a tender of the grounds of infringement or the like. If Seller is of the opinion that an infringement goods or the like will result,he will notify City to this effect in ut"dag within two weeks after 3 TITLE RISK OF LOSS The title and risk of loss ofthe g shall not i,to City the signing of this contract. If City docs not receive Wallas and is subsequently held until City actually receives and takes possession of the goods at the point or points of liable for the infringement or the like Seller will hold City harmless' tf Seller in good dchvm faith ascertains that production of the goods in accordance with the specifications will 4 DELIVERY TERMS AND TRANSPORTATION CHARGES F O$ destination result in infringement or the like,this contract shalt be null and void except that City unless delivery terms arc specified otherwise in bid, City agrees to remnaurse Seller for will pay Seiler the reasonable cost of his search as to infringements. transportation costs its the amount specified in Seller's bid„or actual costs,whichever is 14 RIGHTS OF INSPECTION City shall have the right to inspect the goods at delivery lower,if the quoted delivery terms do not include transportation costs,provided City before accepting them shall have the right to designate what method of transportation shall be used to ship the 15 CANCELLATION City shall have the right to cancel for default all or any pan of the goods undelivered portion of this order if Seller breaches any of the terms hereof including; 5. NO REPLACEMENT OF DEFECTIVE TENDER Every tender or delivery of goods warranties of Seller or if the Seller becomes insolvent or commits acts of b 'ruptcy must fully comply with all provisions of this contract as to time ofdelivery,quality and Such right of cancellation is in addition to and not in lieu of any other remedios which the like Ire tender is made which does trot fully conform,this shall constitute a breach City may have in law or equity. d Seller shall not have the right to substitute a conforming tender,provided„where 16 TERMINATION The performance of work under this order may be terminated in the time for performance has not yet expired,the Seller may reasonably notify Cal of whole;or in pan by the City in accordance with this provision Termination of work his mumnon to cure and may then make a conforming tender within the contract time hereunder shall be affected by the delivery to the Seller of a`-Notice of Termination" but not afterward specifying the extent to which performance of work under the order is terminated and 6 PLACE OF DELIVERY The place of delivery shall be that set fortb in the block of the date upon which such termination bCCDMLS cffecliw'e. Such tight of termination is the purchase order entitled'-Receiving Agency" Any change thereto shall be effected in addition to and not in lieu of the rights of City set forth in Clause 15,hereinr by modification as provided for in Clause 20 hereof entitled"Modifications" The 17 FORCEMAJEURE Neither party shall be held responsible for losses resulting if the terms ofihas agreement are"'no arrival,no sale°° fulfillment of any tome or provisions of this contract is delayed or prevented by an)^ 7. INVOICES&PAYMENTS cause not within the control of the party whose performance is interfered with,and a Seller shall submit separate invoices,: in duplicate; an each purchase order or which by the exercise of reasonable diligence said party is unable to prevent, purchase release aficr each delivery Invoices shall indicate the purchase order or 18 ASSIGNMENT-DELEGATION No right or interest in this contract shall be assigned purchase release number and the supply agreement number if applicable Invoices or delegation of any obligation made by Seiler without the written permission of the shall be itemized and transportation charges,if any,shall be lasted separately A City Any attempted assignment or delegation by Seller shall be wholly void and copy of the bill of lading d the freight waybill when applicable, should be totally ineffective for all purposes unless made in conformity with this paragraph. attached to the'invoice. Mail to Accounting Division,City of Corpus Christi,P 14 WAIVER No claim or right arising out of a breach of this contract can be discharged O Box 9277,Corpses Christi,Texas 79469 payment shall not be due until the in whine or in part by a waiver or renunciation of the claim or right unless Cite waiver or above instruments we submitted after delivery renunciation is supported by consideration and is its writing signed by the aggrieved b City's obligation is payable only and solely from funds available for the purpose of party thispurchase Lack of funds shall render this contract null and void to the extent 20 MODIFICATIONS This contract can be modified or rescinded only by a writing funds we not awailabte,and any delivered but unpaid for goods will be returned to signed by heath of the parties or their duly authorized agents Seller by City 21 INTERPRETATION-PATROL EVIDENCE This writing is intended by the parties as a c Coo not include Federal Excise,State or City Sales Tax City shall furnish tax final expression of their agreement and is intended also as a complete and exclusive exemptions certificates upon request. statement of the terms of their agreement No course of prior dealings between the d Paymcni terms we net alt days after the goods are provided or services am parties and no usage of the trade shall be relevant to supplement or explain any trorm completed„as required„or a correct invoice is received,whichever is latcir used in this contract. Acceptance or acquiescence an a courworperrarmance rendered S GRATUITIES The City may,by written notice to the 5eIler,cancell this contract sander this contract shall not be relevant to deitcrinme the meaning of this contract even without liability to Seller if it is determined by City that gratuities, in the form of though the accepting or acquiescing patty has knowledge of the performance and cowns immad,gifts,or otherwise,were offered or given by the Seller„or any agent or opportunity for objection, Whenever a t defined by the Uniform Commercial Code rcprescntatsw,c of the Seller,to any officer or employee of the City with a view toward is used in this contract,the definition contained in the Code is to control secunng a contract or securing favorable treatment with respect to the awarding or 22 APPLICABLE LAW This contract shall be governed by the Uniform Commercial amending,or the snaking of any determinations with respect to the performing or such a Code Wherever the to "Uniform Commercial Code"is used,at shall be construed as contract In the event this contract is cancelled by City pursuant to this provision,City meaning tine Uniform Commercial Code as adopted in the State of Te.xas as effective shall be entitled,in addition to any other rights and remedies,to motiver or withhold the and in force on the date of this contract, amount of the cost incurred by Seiler in providing such gratuities. 23 ADVERTISING Seller shall not advertise or publish,wro•ithout City's prior consent,the 9. SPECIAL TOOLS &TEST EQUIPMENT If the price stated on the face hereof fact that City has entered into this contract,except to the extent necessary to comply includes the cost of any special t ling or special test equipment fabricated or required with proper requests for information from an authorized representative of the federal, by Seiler for the purpose of filling this order,such special moling equipment and arty state or local government, process sheets related thereto shall become the property of the City and to the extent 24 RIGHT TO ASSURANCE Whenever one party to this cumixict in good faith has feasible shall be identified by the Seller as such. reason to question the other p ,='s intent to perform he may demand that the other lq WARRANTY-PRICE party give written assurance of his intent to perform In the event that a demand is a. The price to be paid by the City shall be that contained in Seller's bid which Seller made and no assurance is given within five{5I days;the demanding party may treat this warrants to be no higher than Sellers current prices on orders by others for failure as an anticipatory repudiation of the contract products of the kind and specification covered by this contract for similar 25 EQUAL EMPLOYMENT OPPORTUNITY quantities under similar or like conditions and methods ofpurchase Ira the event Seller agrees that during the performance of its contract it will Seller breaches. this warranty, the prices of the items shall be reduced to the a. Treat all applicants and employees without discrimination as to race; color, Seller's current prices on orders by others,or in the alternative,City may cancel religion, as, tionaI origin,marital eta% ,age,or handicap has contract without liability to Seller for breach or Seller's actual expense b Identify itself as an 'Equal Opportunity Employer" in all help wanted b The Seller warrants that no person or selling agency has been employed or retained advertising or request to solicit or secure this contract upon an agreement or understanding for The Seller shall be advised of any complaints fated with the City alleging that Seller is commission, percentage, brokerage., or contingent fee excepting bona fide not an Equal Opportunity Employer employees of bona fade established commercial or selling agencies maintained by The City reserves the right to consider its reports from its Human Relations the Seller for the purpose of securing business For breach or violation of this Administrator in response to such complaints in determining whether or not to wmnsany the City shall have the right in addition to any other right or rights to terminate any portion of this contract for which purchase orders or authoritscs to deliver cancel this contract without liability and to deduct from the contract price, or have not been included, however, the Seller is specifically advised that no Equal otherwise recover the full amount of such commission,percentage,brokerage or Opportunity Employinettt complaint will be the basis for cancellation of this contract contingent fee for which a purchase order has been issued or authority to deliver granted. 3 t. WARR TY-PRO DL,,'CT Seller shall not limit or exclude any implied warranties 26 CONIgI S OF INTEREST Seller agrees to comply with the conflict of interest d any attempt to do so shall render this contract voidable at the option of the City provisions of the City' Charter and Code of Ordinances, Seller agrees to maintain Se'=.ter warrants that the goods famished will conform to the specifications,drawings, current, updated disclosure of information on fate with the City purchasing o#Tice d descriptions listed in the bid invitation,and to the samples}furnished by Seller,if throughout the term of this contract. y In the event of it conflict between the specifications,drawings,and descriptions, the specurications shall g s;vcm CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID INVITATION NO. BI-0135-13 PAGEIOF2 DATE: BIDDER AUTHORIZED SIGNATURE 1. Refer to"Instructions to Bidders"and Standard Purchase Terms and Conditions before completing bid. 2. Quote your best price,F.O.B.Destination,on each item. 3. In submitting this bid,I certify: a. That the prices in this bid have been arrived at independently,without consultation,communication,or agreement with any other bidder or competitor,forte purpose of restricting competition with regard to prices; b. That I am an Equal Opportunity Employer; and c. That the disclosure of Interest information on rile with City purchasing pursuant to the Code of Ordinance is current and true. UNIT LTOTAL P 'I ITEM DESCRIPTION QTY UNIT P=RICE PRICE Twelve month Supply Agreement with option to extend for up to two (2) additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee for Custodial Services in accordance with Specification No. 1088. 1.0 Custodial Service for three (3) locations price shall include: 1, All Labor-Nightly Services 2. Insurance 3. Service Equipment 4. Materials 5. Supplies 1.1 Custodial Service for City Hall located at 1201 Leopard 12 Mo. Street, Corpus Christi, Texas 78401 in accordance with Specification No. 1088. 1.2 Frost Building Facility located at 2406 Leopard Street, Corpus Christi, Texas 78401 in accordance with 12 Mo. Specification No. 1088. 1.3 Facility Maintenance located at 5352 Ayers, Bldg 3A Unit, Corpus Christi, Texas 78415 in accordance with 12 Mo. Specification No. 1088. CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET CONTINUATION BID INVITATION NO. BI-0135-13 PAGE 2 OF 2 DATE: BIDDER AUTHORIZED SIGNATURE UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE 2.0 Daytime Custodial Service— Outside the Building� 2.1 Debris Removal after inclement weather, natural 120 Hours disasters or catastrophic emergencies. Debris would be considered any small objects less than 40 lbs. (broken glass, leaves, tree limbs, building materials, etc.) Hourly per employee: ® Attachment I (Service Agreement) Bidders are required to sign attached contract marked as Attachment 1. The signed contract will be made part of bidder's offer and must be returned with bid. Failure to do so may result in your bid being deemed non- responsive. The City will complete the successful bidder's contract when offer is accepted. CITY OF CORPUS CHRISTI C I TI O. 1 MATERIALS G T DATE: 02614/13 Revised Page 1 of 0 GENERAL SPECIFICATIONS FOR CUSTODIAL SERVICES FOR CITY HALL, FROST BUILDING, AND FACILITY MAINTENANCE REQUIREMENTS AND BIDDING S CTI 1® GENERAL INTENTION: The purpose of this specification is to obtain custodial services as specified in the standards contained herein. 20 GENERAL DESCRIPTION: Under this contract, the contractor will furnish all labor, supervision, insurance, service equipment, materials and supplies necessary to perform services required at frequencies specified. All contractor equip ent must be maintained to ensure safe, effective, efficient operation. 3, NIGHTLY SERVICES: All Locations: Nightly services {5 days, Monday through Friday} are to be performed ter normal business hairs, Normal business hours are from {8:00 AM to :00 ), Man hours utilized will be sufficient to ensure require services are performed in a professional manner. Nightly Services are part of the Minimum Requirements of this contract, and costs for providing this service must be included in the Contractor's annual five id. See Schedules & Requirements { A.1.0 — .I5.A and appendix "A" for City designated holidays. it Includes nightly meeting/training room set ups on various floors. Nightly work must be completed by 6:00 Frost ! art :Nightly work must be completed by 11:00 Fa tr rrt rranc i : Nightly work must be completed by 11:00 pm. 4. TERM OF CONTRACT: T° e term of the contract will be twelve months with option to extend for up to two (2) additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. 5. INSURANCE: Within fifteen (15) days after the award of this contract and prior to beginning work, the Contractor will furnish the Facilities Manager a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than e amounts specified herein. SPECIFICATION O. 1088 Page 2 of 20 . PRE-AWARD SURVEY: The City may make a pre-award survey of the lowest responsible bidder; the City may take into consideration the ability, capacity, experience, efficiency and integrity of the bidder as well as their financial responsibility to determine e whether such bidder is qualified and capable to perform the contract. The pre-award survey will involve examination of the bidder's financial and technical status and its understanding of the contract requirements. The following are examples of the type of information that, upon request, the bidder will be prepared to provide in writing to the pre-award survey team. Requested information will be forwarded within three (3)days of such avr uesto a. Identification of Contractors personnel and management to be used on this contract, to include the complete name and job title. b® The Contractor's technical and management plan for performing the required services. Contractor will provide anticipated work schedules owing projected work times, days, number and names of personnel. C. Description of Contractors facilities and equipment. d. Summary of the Contractors experience in performing work of the type, similar size, scope and nature required by this specification. e. Current financial statement and data, to include a statement from the Tax Assessor's Office stating that no taxes are currently overdue. f Other work presently under contract. g. Prior contracts for similar work, dates of contracts and the names and current addresses of individuals with the organization issuing the contract who may be contacted for information concerning the Contractors performance. Failure to provide requested information; or if after review of the information, the City determines the bidder is not a responsible bidder, the bidder's bid may be rejected. SPECIFICATION ° 10 Page 3 of SPECIFICATIONS TECHNICAL i. GENERAL REQUIREMENTS: The Contractor will provide custodial services as described herein. Custodial services apply to all designated spaces including, but not limited tom public areas, halls, office spaces, break rooms, elevators, stairwells, restroorns, shower stalls, locker rooms, janitor closets, delivery area/loading dock, and outside servicing. Cleaning will include areas tinder furniture, furnishings, floor mats, and runners. Small pieces of i re such as tables, chairs, trash cans, etc° will be moved to facilitate cleaning. Large pieces of furniture such as desks, file cabinets, book cases, etc. will not be moved. All furniture and furnishings will be restored to their proper locations after cleaning has been completed. Cleaning frequencies, cleaning requirements, are specific in the schedule and requirements section. 2° The person designated by the City of Corpus Christi to ;—d minister this contract is the City Facility Manager or in her absence the Building Maintenance Supervisor. The City Facility Manager will be the single point of contact for the Contractor for all contractual matters, differences of opinion, disputes, complaints d contract interpretation. Contractor shall respond, in tint , to all wfitten inquiries by the City within fifteen days of inquiry receipt. The Facility Manager will approve all phases of performance and operations under this contract including deductions for non- performance and authorizations for payment. 3. WORK SITES AND CONDITIONS: i II building, Corpus Christi, Texas. The building consists of a basement, ground floor, five upper level floors with a m=anine level for elevator operating equipment, d two ) stair wells° Net floor area in the building is approximately 130,000 square feet which consists primarily of commercial office spaces. The basement contains storage, training room, print shop, mail room, loading dock, mechanical room, computer center and various offices aces° The first floor contains the main atrium, four ( ) prominent entrances, the office of the Mayor and City Secretary, City Council Chambers with meeting rooms, Utilities Business Offices and Collections, Central Tellers and Cash Management, Senior Community Services, E-Government, and Human Relations. Second Floor through fifth floor contains offices, meeting rooms, storage, and reception areas. Sixth floor contains meeting rooms, wellness clinic, and dining room, office spaces. Each oor has a male and female restroo . The City all building is served y three ( ) passenger elevators, one (1) freight elevator; and two (2) escalators° The escalators only serve the first and second floor levels. Frost it i s Christi,TIL exas. The building consists of a ground floor and four upper level floors. Net floor area in the building is an approximately I,2S square feet which consists primarily of commercial office s aces. The first floor contains the main lobby, with (1) prominent entrance, Development Services, and cashiering services. Second floor through third floor contains offices, kitchen area, meeting rooms, storage, and reception areas of the Fire Department. SPECIFICATION NO. 1088 Page 4 of 20 Fourth floor contains the EOC, meeting rooms, office spaces, storage, and media area® Each floor has a male and female restroom. The Frost building is served by one (I) elevator. Facilfty Maintenance Building, Corpus Christi.Texas. The building consists of a ground floor. Net floor area in the building is an approximately 800 square feet which consists primarily of office spaces. The ground floor contains the main reception area, with(1) prominent entrance, 3 offices, an administrative area with 7 workstations, kitchen area, storage closet, and female restroom, the men's restroom is located in the shop area and is included in the space required to be cleaned. 4. INVOICING INSTRUCTIONS: Contractor's invoices will be submitted in duplicate to the Facility Manager within five working as following the end of each on period in which services are performed. Invoices submitted prior to the end of the period will not be processed for payment until the period has been completed. The original of each invoice will have attached a summary of work performed and charges. On verification of work actually performed and receipt of Contractor submittal, the Facility Manager will process invoices for payment. 5. CONTRACTOR FURNISHED SUPPLIES AND E-QUIPM NT: a. SUPPLIES: The Contractor will provide all cleaning materials and supplies, necessary for the performance of this contract. Materials and supplies provided will be of acceptable industry grade and quality and subject to approval by the Facility Manager. Custodial supplies that the Contractor will provide include but are not necessarily limited to the following: • Trash Can Liners (Large & Small) • Liquid soaps where required • Wax lined sanitary napkin bags • Consumable cleaning supplies to include waxes, cleansers, shampoos, trash liners, etc. b. EQUIPMENT: Contractor is required to furnish all equipment necessary for performance of the contract. Such equipment and use of equipment will be subject to inspection and approval of the Facility Manager prior and during the life of the contract. SPECIFICATION NO. 1088 Page 5 of 20 6. CITY FURNISHED RESOURCES: The City will provide secured custodial storage space for the Contractor's equipment and supplies. 7. UNIFORMS & IDENTIFICATION: The Contractor shall fumish uniforms (minimum of shirt o r s mock) for all custodial employees. Contractor shall also provide identification badges with photograph for each employee. Uniforms & ID badges shall be prominently displayed by Contractor's personnel at all times. 8. EMPLOYEE LISTINGS: Contractor will provide the Facility Manager with a listing of current employees authorized to work at each location; listings will be updated and resubmitted as changes occur. 9. ADEQUATE SUPERVISION: Contractor shall ensure that adequate supervision is "on-site" as necessary for safe, effective & efficient management of cleaning operations. Contractor shall organize cleaning schedules to minimize work areas requiring lighting & electrical services; place a high priority on energy conservation; and coordinate with City staff to ensure economical operation of building equipment, systems and machinery. 10. SUPERVISORY KNOWLEDGE: Supervisors must have a sound working knowledge of cleaning tasks, equipment, materials and building systems so as to properly train and direct cleaners in individual assignments, and maintenance & control of an effective inspection & follow-up program. 11. REPORTING BE911REMENTS: Contractor will immediately report situations discovered that require maintenance and/or repairs by City to to the City's Facility Maintenance Division (826-1980) and Security Guard assigned tote building. 12. WORK SCHEDULING: Any Contractor work will be one at the convenience of the City and not conflict with normal City operations. The City reserves the right to revise the Contractor's work schedule in the event of conflicts. In the event work schedule revisions are necessary, the Facility Manager will advise the Contractor and request the change. SPECIFICATION NO. 1088 Page 6 of 20 13. CONTRACTOR INTERFACE RESPONSIBILITIES: a. At least one week (seven days) prior to contract effective date, the Contractor & supervisors will meet with City Facility Management staff to discuss facility operations & contractual requirements. The City incurs no added costs associated with this meeting. b. Contractor shall name an individual employee responsible for all contractual matters, differences of opinion, disputes and complaints. If the complaint pertains to the servicing of one of the facilities, this person will appear in person on the day of the complaint to inspect the problem area with City staff and make corrections required. Corrections will be one during no al business hours at no additional cost to the City. Lastly, the City reserves the right to approve the appointment of this individual. C. The City's designated individual for contractual matters, differences of opinion, disputes complaints and contract interpretation shall be the City's Facilities Manager,or in her absence the Building Maintenance Supervisor. d. Contractor shall respond, in writing, to all written inquires by the City within fifteen days of inquiry receipt. 14. CONTRACTOR QUAL TY CONTROL: Contractor will establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure the requirements of the contract are provided as specified. SPECIFICATION NO. 1088 Page 7 of 20 SCHEDULES & REQUIREMENTS A-1 Minimum Reouirements. All Areas: areas covered under minimum Mqu re is include the following: (])Public Areas; (2)Restrooms; (3)Office Areas Minimum services performed by Contractor personnel include, but are not limited to, services outlined below. Unless otherwise approved by the City's Facility Manager, the following services will be performed on an evening/nighttime basis. A.1.0. NIGHTLY S CES (PUBLIC AREASI, Contractor shall per the following nightly: .1.1.Waste ReceDtacles: a. Empty and wipe clean outdoor ash trays & waste paper receptacles of trash& debris; replace liners& sand when required. Liners are to be used in all waste receptacles and are Contractor furnished. ® Empty recycling bins nightly and place materials in designated containers. c® Contractor will replace liners when containers have trash; liners are wet or contain a foreign substance. ® Contractor is required to place an extra dry liner in each receptacle bottom. e® Waste receptacles will be washed &disinfected periodically as required. A.1. . Glass Cleaning: clean doors; interior and exterior door glass, inside & outside surfaces and window sills. x.1.3. Drinking- Fountains: wash & disinfect, followed by dry shine to prevent spotting; polish bright metal surfaces as required. .1.4. re ooms: a. Clean sinks nightly. b. Wipe down counter tops. c® Wipe down tables. d. Vacuum & spot clean carpets. e® Sweep & spot mop hard surface floors. E Empty trash containers, replace liners; extra liner in container bottom. SPECIFICATION NO. 1088 Page 8 of 20 A.1.5. Outside Se icing: a. Sweep outside entrance ways. b. Empty cigarette receptacles. c. Pick up & remove debris around building and in parking lots. In addition to nightly services above, following services are required at intervals shown: A.2.0. THREE TIMES-WEEKLY SERVICEa_JEUBLIC AREAS): Contractor will perform following services three (3) times per week; on Monday, Wednesday & Friday unless stated otherwise. A.2.1. Floors: a. Vacuum all carpets including meeting rooms & elevators. b. Dust mop all the floors. (halls, entrances, lobbies, elevators, etc.) c. Scrape gum from floors as required. d. Spot mop all the floors to remove spills & foreign matter. e. Spray buff the floors. f. Spot clean carpets as required. g. Vacuum floor mats at all entrances. A.3.0. WEEKLY SERVICES (RjjRLjQ_AREAS): Contractor shall perform following services at least one time per week: A.3.1. Dusting & le ire„ a® Dust all furnishings in public areas & conference rooms (tables, chairs, fixtures, pictures, decorations, etc.) and all other horizontal & vertical surfaces except as noted herein. ® Dust window sills, frames & blinds. c. Vacuum cloth furniture cushions. d. Clean& disinfect all telephone handsets. e. Wash door handles & metal framing around entrance door glass. A.3.2. Elevators: a® Dust all elevator walls& doors with treated cloths. ® Dust, wipe & dry shine metal railings & side wells. A.3.3. Delive[y Area/Loading Dock. a. Sweep all finished surfaces. ® Pick up& remove trash from around area. A.3.4. Drinking Fountains: Polish all bright metal surfaces. SPECIFICATION NO. 1088 Page 9 of 20 A.3.5. Glass Cleanina: a. Clean all partition glass as well as pictures, bookcases, etc. in common areas and lobbies. A.3.6. Walls: a. Spot wash painted walls in all hallways around light switches, drinking fountains, coffee makers, and other heavy traffic areas. ® Dust all pictures/frames. A.3.7. Stairwells: sweep clean all interior stairwells; spot mop all spills & stains. A.4.0® MONTHLY SERVICES IPUB LIB....AREAS)- contractor shall perform the following services nionthly; A.4.L Carpets: Carpets in public areas are to be cleaned with bonnet method monthly, excepting months specifying shampoo/extraction method specified in provision A.5.0. Schedule will be developed by Contractor and approved by the Facility Manager. A.4.2. Stairwells: Wet mop all interior stairwells. A.4.3. Walls: dust all fire equipment & exit lights. A.4.4® Delivery Area/Logding Dock: wet mop all finished interior surfaces; sweep walls up to ceilings to remove spider webs, dirt, etc. A.4.5. Elevators: a. Clean carpets by extraction method; the by stripping & refinishing. b. Vacuum, clean & polish door tracks on cars & floors. A.4.6. Stainless Steel Surfaces: Equipment with stainless steel or polished aluminum surfaces (elevator panels, refrigerators, waste receptacles, towel dispensers, etc.) shall be cleaned, wiped & polished; care must b e t aken to ensure wall paint, carpet or adjacent surfaces are not damaged. SPECIFICATION NO. 1088 Page 10 of 20 A.5.0. QUARTERLY SE ICS (PUBLIC...AREAS): contractor shall perform the following services quarterly; A.5.1. Ca ets. all carpets in public areas must be cleaned by extraction method one time Z per year (see definitions section) after cleaning with bonnet method at year end; Contractor will develop schedules for floor & carpet services and submit to the Facility Manager for approval. A.6.0. ANNUAL SER'SIC ESIEUBLIC AREAS): contractor shall perform the following services annually; A.6.1. Stairwells: scrub all hard surfaced landings; refinish with two coats of floor finish if tile or sealed concrete surface. A.7.0.RESTROOMS — MINIMUM REQLLREMENTS- "restrooms shall mean all public restrooms (unisex, handicapped, men's, and women's), locker rooms and private toilets located within offices. A.8.0. NIGHTLY SERVICES (REaTROOMS): Contractor shall perform the following services nightly; AX 1. Floors: Sweep, then mop all restroorn floors with clean disinfectant detergent. A.8.2. Waste Rgc�acle�s. empty all waste receptacles & replace plastic liners. A.8.3. Glass CIe in . Clean & polish all mirrors with glass cleaner. A.8.4. Water Closets & Urinals: (a) Wash all toilets, seats, urinals inside& out with disinfectant detergents; leaving seats in the raised position when finished. (b) Contractor shall not use any acid based bowl cleaners. A.8.5. Walls: (a) Wash stall dividers & walls with disinfectant detergents. (b) Clean all door interiors. (0 Clean bright metal hardware, rinse & dry shine to prevent spotting including door locks. SPECIFICATION NO. 1088 Page I I of 20 A.8.6.0 Wash Basins: (a) Clean wash basins, wipe free of all water marks; Contractor shall not use abrasive scouring powders. (b) Clean, rinse& dry shine all bright metal hardware. A.8.6.1 m 1DE'52grisers. refill or restock towel, tissue, soap dispensers & hand sanitizer. A.8.6.2 Hand Dryers. Disinfect/damp wipe hand dryers and surrounding walls. A.9.0. WEEKLY SERVICEa T` S a the Contractor shall perform the following services weekly; A.9.1. __Wate ReceDtacles: d wipe all waste receptacles inside & out with disinfectant solution. A.9.2. Air& Door Grills: dust and clean all air return, air supply grills. A.M. Showers: Remove soap scum from floors, partitions, walls & doors; clean bright metal hardware; disinfect all surfaces. A.9.4. Locker Rooms. Damp mop all the floors; dust all horizontal surfaces (locker tops, shelves, etc.). A.M. Janitor Closetc. Clean sinks; sweep & mop floors; remove trash. A.9.6 Wash Basins- Remove water deposit buildup on basins and fixtures. .10m . MONTHL I ( ST` �° the Contractor shall perform the following services monthly; A.10.1 Floors: mechanically scrub restroorn floors; clean baseboards to eliminate residue and build-up. .10.2. Shower Stalls; hand scrub walls & floors; spray with disinfectant. A.10.3. Janitor Closets; wet mop floors; apply sealer wax if tiled. SPECIFICATION O. 1088 Page 12 of 2 .x.11.0 OFFICE AREAS "Office s all spaces used for work off public corridor are ; these include open & private offices, libraries, conference rooms, classrooms & office storage areas, A.I LLNIG T'L SERVICES (OFFICE ; Contractor shall perform the following nightly. x.11.1.1 Dusting & Desk To ale ins (NOTE: if office is locked & keys not provided ' to Contractor, then that particular office is not to be cleaned.) (a) Dust desk tops in office areas NOTE.- stacks of apex & desktop equipment are not to be moved;; onley cleared areas of desktops are to be dusted, (b) Dust horizontal & vertical surfaces of all furniture. (c) Dust all high & low office partitions & cubicle separators. ( ) Dust bottoms & back braces of chairs. .11,1.2. Doors_& Frames: Dust & spot clean doors, frames & surrounding wall areas; special attention to areas with visible hand footprints. .12.1. THREE TIME-WEEKLY SERVICES jQFFIC,E AREAS)- Contractor shall perform the following services three ( times each week; to be performed on Monday, Wednesday rei pry if not stated otherwise. ��� '�7 ,✓ � � ��:i�;+ t ? 07 • i I .'� � r a+++' f r!$x+�+tY $}�y' v� dh( �fSAY'{f?." p S+2 rt Z tt � sy .... s '.'� cep e:v�la �� ta�3It� ort •Yfl� I�B€:dt`l��'1„'�i.Yl .1 ' A.12.1.2. Floors: ( ) Sweep& spot clean hard surface floors. ( ) Vacuum sot clean all carpeted areas including break rooms copier areas. (c) Replace chairs into desk knee wells & under tables. ( ) Damp mop & spray buff d surface floors. .13.0 MONTHLY SERVICES (OFFICE AREAS): contractor shall perform the follov,ing services monthly; A.1 .1 ustin _ le in (a) Vacuum & damp wipe clean all air vents. Dust window blinds & frames. SPECIFICATION NO. 1 Page 13 of 2 A.14® . U YID FFI AREAS): The Contractor shall perform the following services quarterly; A.14.1. CgMets x..14. . Extraction Method: All carpets in office areas are to be cleaned by extraction method four times per year (see Definitions for details). This cleaning is to follow the four quarterly shampoo cleanings each year. .14.13. Schedule: Schedules for performance of floor & carpet cleaning services shall be developed by the Contractor and submitted to the City's Facilities Manager for approval. A.15.0 SEMI-ANNUAL Contractor will perform the following service semi-annually (twice per year); A.15.I. Floors® Scrub all hard surface flooring and refinish as required. A.152. ets ®15°t4. Shampoo Method: All carpets in office areas will be cleaned by shampoo method four times per year with the exception of the month in which the extraction method is performed as specified below(see Definitions for details). SPECIFICATION NO. 1088 Page 14 of 20 DEFINITIONS B.1. Definitions: The following terms, definitions, and procedures apply to all sections of this document; and are to be used by the City in monitoring the quality and quantity of Contractor deliverables throughout the contractual period(s). B. 1.1. right Metal Polishing May be done by damp wiping and buffing with a dry cloth provided a polished appearance is obtained. If a polished appearance cannot be produced, however, an appropriate metal polish must be used. B. l.2. Ca'Doet Cleani - Sham�oo et or,�QMetho�ds -, Contractor shall safely, thoroughly clean carpets using commercially rated vacuum or cleaning machines capable of removing all foreign matter. Carpets must be vacuumed (total surface area) before & after shampooing; in addition all stains shall be pre-spot treated prior to shampoo application. B.1.3. a Det CQleani re xtractio Carpets shall be cleaned thoroughly with a commercial vacuum machine capable of removing all embedded foreign matter. Cleaning process must not cause carpet shrinkage nor affect appearance & durability. Cleaning process must remove all traces of dirt, grime & soil, leaving carpets free from residual & foreign matter. Contractor is fully responsible for repair or correction of carpet damage caused by Contractor cleaning methods or workmanship. Carpet under all furniture is to be cleaned as well as exposed carpet, with Contractor responsible for furniture moves & relocation. Carpets will be brushed to restore flattened pile as necessary as part of the cleaning process. B.1 A. Camet Cleaning- Rnnn,-t Method•, Consists of shampooing using a cotton bonnet soaked in shampoo solution, wrung out to a moist condition, and applied using a buffer or designated floor machine run in all directions. Carpet is slightly damp and should dry within one hour of application/extraction. B.1.5. Contractor® An independent entity or corporation; is not an agent or employee of the City of Corpus Christi. B. 1. Dimp Wi sing a clean damp cloth or sponge containing an appropriate 2 i_pn . U, cleaning agent to remove all dirt, spots, streaks & smudges from walls, glass, furniture or other surfaces, then drying to provide a polished appearance. When damp wiping in toilet areas a multi-purpose (disinfectant/deodorizer) cleaner must be used. SPECIFICATION NO. 1088 Page 15 of 20 & 1.7® Dustin - Dust must be removed from areas treated, not simply moved from area to area, using dust cloths, vacuum tools, etc. as appropriate. When high dusting, dust shall not fall onto furniture & equipment below. Following conditions must exist after completion of dusting tasks: 2. No dust streaks on surfaces ® Comers, crevices, moldings & ledges free of dust C. No oils, spots ors udes on surfaces caused by dusting tools &1.8. Elevator Floor Cie n a resilient the surfaces shall be cleaned & waxed to provide a clean & polished appearance at all times. B.1.9.11 ard Surfaced Floors: defined as tile, wood, composition or concrete floors. B.1.10.Loa in Docks: areas designated for shipping& receiving incoming and outgoing materials & supplies used in facility operations. B.I.H.Locker ooms: Employee locker/dressing rooms, including areas adjacent to restrooms. B. 1.12.Movine For operations where furniture/equipment must be moved,no chairs, waste baskets, or similar items may be stacked on desks, tables or window sills; upon work completion all furniture, equipment & accessories must be returned to their original position(s). B.1.13.Ni&htly Services: Performed five nights per week between the hours of 5:00 PM and 1:00 AM, Monday through Friday, legal holidays accepted. Requirements listed in Section A. of this specification. B.1.14.Weekly Services: Performed each week, Monday through Friday, as per Section A. oft is specification, except for legal holidays. If service scheduled for a workday falls on a holiday or Contractor is unable to perform due to inclement weather, natural disasters, power outages or similar conditions, service shall be rescheduled by the Contractor for the same or subsequent week and approved by the Facilities Manager. Schedules for performing weekly services will be developed by the Contractor & approved by the Facilities Manager. Weekly services shall be completed during same times as Nightly Services above. SPECIFICATION NO. 1088 Page 16 of 20 B.1.15. M M2EN e ices® Performed each month, Monday through Friday, as per Section A. of this specification, except for legal holidays. If service scheduled for a workday falls on a holiday or Contractor is unable to perform due to inclement weather, natural disasters, power outages or similar conditions, service shall be rescheduled by the Contractor within the same on and approved by the Facilities Manager. Schedules for performing monthly services will be developed by the Contractor & approved by the Facilities ager® Monthly services shall be completed during same times as Nightly Services above. B. 1.164 Q94qtdY_a9nke_L Performed each calendar quarter, Monday through Friday, as per Section A. of this specification, except for legal holidays. If service scheduled for a workday falls on a holiday or Contractor is unable to perform due to inclement weather, natural disasters, power outages or similar conditions, service shall be rescheduled by the Contractor within the same quarter and approved by the Facilities Manager. Schedules for performing services will be developed by the Contractor& approved by the Facilities Manager. Quarterly services shall be completed during same times as Nightly Services above. B. 1.17. Semi-Annual Services- Performed twice each contract year, Monday through Friday, as per Section A. of this specification, except for legal holidays. if service scheduled for a workday falls on a holiday or Contractor is unable to perform due to inclement weather, natural disasters, power outages or similar conditions, service shall be rescheduled by the Contractor within seven work- days of originally scheduled date and approved by the Facilities Manager. Schedules for performing semi-annual services will be developed by the Contractor & approved by the Facilities Manager. Semi-annual services shall be completed during same times as Nightly Services above. B.1-18.Anjual Se ices® Perfon-ned annually in the last month of the contract year, Monday through Friday, as per Section A. of this specification, except for legal holidays. If service scheduled for a workday falls on a holiday or Contractor is unable to perform due to inclement weather, natural disasters, power outages or similar conditions, annual service shall be rescheduled by the Contractor within seven days of original date and approved by the Facilities Manager. Schedules for performing annual services will be developed by the Contractor & approved by the Facilities Manager. Annual services shall be completed during same times as Nightly Services above. SPECIFICATION NO. 1088 Page 17 of 20 B. 1.19. Offic,- Areas: defined as enclosed spaces used as work areas off of public areas, including open offices, private offices & suites, libraries, conference rooms, class rooms & office storage areas. Services shall conform to minimums stated in Section A. of this specification. B.1.20. Porcelain Ware and/or Stainless Steel Cleanin& Porcelain or stainless steel fixtures (drinking fountains, wash basins, urinals, toilets, etc.) shall be clean & bright without dust, spots, stains, rust, encrustation or moisture; walls&floors adjacent to fixtures must be free of spots, drips, watermarks & chemical stains. B. 1.21. Public Are as. defined as all entrances, lobbies, stairwells, elevators, hallways & exterior building areas. Services shall be in accord with Section A. of this Specification. R1.22. Restrooms: defined as all public restrooms(men & women), locker rooms & private office toilets. Services shall be in accord with Section A. of this Specification. B.1.23. carpets shall be clean & free of dust-balls, dirt& debris after each vacuuming; spot cleaned nightly to remove spills ors €its. B.1.24. aSumuhbin . means removal of foreign material from floor using water/detergent solution resulting in removal of dirt, heel marks, oil film & residual cleaning solutions; floors shall be scrubbed with cleaner& recoated with 2 to 4 coats of floor finish. "Hand Sir ar bbin "means removal of all dirt, film, and residue from a surface using cleaning solutions as required. B.1.25. Spot ;leanin g removal of smudges, marks and/or spots from designated surfaces without causing unsightly discoloration. B.1.26. 5R2LMoppin removing spillages, marks, spots or stains from designated areas. B.1.27. Spat Dusting. removing dust and/or smudges from designated areas. SPECIFICATION NO. 1088 Page 18 of 20 B-1-28. StrioDin complete removal of of wax including areas under furniture and around edges of baseboards & filing cabinets; when completed, floor must have a slightly dull but overall even appearance. Wax and/or mop water accumulations and splash marks must be removed from all furniture, equipment, doors, baseboards and filing cabinets; care must be taken to prevent damage to all painted surfaces. Contractor will move for stripping and/or waxing; replacing all furniture in its original location when complete. After stripping is complete, Contractor will refinish surface with 3 coats of sealer/preservative, followed by 3 to 4 coats of wax finish. B.1.29. Sweeping & Dust Mopping Operations: all floors will be clean & free of dust streaks after operations; no dirt shall be left in comers, behind radiators, under furniture, behind doors or on stair landings & treads; no dirt will remain where sweepings were picked up. Dust mops are to be properly cleaned prior to use to aid in removal of dust/dirt; mop treatments that leave an oily film on floors are prohibited due to safety concerns. After dust mopping all floors are to be free of litter, debris and grit. 13.1.30. Trash Removal: when removing trash from public areas, offices, cubicles, meeting rooms and restrooms, Contractor must use a lined container on wheels with a liner fit to the bottom & a 6" lap around the top. Liner must be replaced whenever food, drink or human waste has been processed/carried. B. 1.31° Waxina: refers to systematic procedure to ensure optimum floor maintenance; floor care products (strippers, finishers, sealers, cleaners, waxes and maintenance products) must be chemically compatible and matched to ensure durability, wear, scrub ability and appearance of floor surfaces. Wax & sealers shall be applied in thin, even coats and allowed to completely dry between coats; number of coats as required by type and condition of floors. 13.1.320 Wet Mopping & Scrubbing: all floors must be properly prepared; swept to remove all visible dirt & debris; upon completion of mopping & scrubbing floor shall be clean and free of dirt, water streaks, mop marks, strings, etc.; surfaces shall b e d ry, comers & cracks clean; may be performed either by machine or by hand with a brush. B.1.33. Window Cleaning, Sc v ice- refers to glass areas to be cleaned other than areas Jig designated by specifications as "glass cleaning" (door glass, shelves, partitions, pictures, bookcases/shelves). Contractor is to use Tri- Sodium/Water solution as cleaning agent, applied by sponge & removed with squeegee to prevent streaks & smears on windows. All tape & other gummed articles will be removed from window surfaces by razor blade or similar instrument prior to cleaning; drop cloths will be used to prevent watermarks SPECIFICATION NO. 1088 Page 19 of 20 where necessary. Are to be cleaned — all inside & outside windows of the building under this specification. B.1-34e Work Order: written document issued by the City requesting the Contractor either increase or decrease work performed under Contract; amounts to be added/reduced will be based on negotiation of applicable work rates between the Contractor and City Facility Manager as approved by the Director of General Services. SPECIFICATION NO. 1088 Page 20 of 20 APPENDIX A CITY RECOGNIZED HOLIDAYS I m e first day of January (New Year's Day). 2. The last Monday of May (Memorial Day). 3. The fourth day of July(Independence Day). 4. The first Monday of September(Labor Day). 5. The fourth Thursday of November(Thanksgiving Day). 6. The twenty-fifth day of December(Christmas Day). 7. One holiday to be determined by the City. When a holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated a holiday by proclamation of the Mayor, upon approval of the City Council. INSURANCE REQUIREMENTS 1. SUCCESSFUL BIDDER'S LIABILITY INSURANCE A. Successful Bidder shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee (Risk Manager). Successful Bidder must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. The Successful Bidder shall furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance co (s) acceptable to the Risk Manager. The City must ben ed as an additional insured for the General Liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of non-renewal,material change, Bodily Injury and Property Damage cancellation or termination required on all certificates Per occurrence/aggregate and policies Commercial General Liability including: S 1,000,000 COMBINED SINGLE LIMIT I. Commercial Form 2. Premises-Operations 3. Products/Completed Operations Hazard 4° Contractual Liability 5. Broad Form Property Damage & Independent Contractors 7. Personal Injury AUTOMOBILE LIABILITY--OWNED,NON-OWNED $500,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKER: WORKERS' COMPEN SST ION COMPENSATION ACT AND SECTION 11 OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 BLANKET COM MERCIAL BOND $25,000 per employee (For the City's protection against vendor employee dishonesty) C. In the event of accidents of any kind, Successful Bidder shall furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. 2009 Custodial Service for Frost building bid ins rcq 7-17-09 ep Risk Mgmt. ADDITIONAL REQUIREMENTS A. Successful Bidder must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. If workers' compensation coverage is not written in accordance with Texas law, "All Other States" endorsement must be indicated on the certificate of insurance. B. Successful Bidder's financial integrity is of interest to the City; therefore, subject to Successful Bidders right to maintain reasonable deductibles in such amounts as are approved by the City, Successful Bidder shall obtain and maintain in fall force and effect for the duration oft is Contract, and any extension hereof, at Sucress Bidder's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Successful Bidder shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Successful Bidder shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 26-4555® Fax # D. Successful Bidder agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide thirty ( ) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (l 0) calendar days advance written notice for nonpayment of premium. E. Within five ( ) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Successful Bidder's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Successful Bidder's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Successful Bidder to stop work hereunder, or withhold any payment(s) which become due to Successful Bidder hereunder until Successful Bidder demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Bidder may be held responsible for payments of damages to persons or property resulting from Successful Bidder's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Successful Bidder's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for Iiability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from y other obligation contained in this contract. 2409 Custodial Service for Frost building bid iris rcq 7-17-09 ep Risk Ail t. Attachment I SERVICE AGREEMENT Contractor Supply Agreement No. SA THIS Qg12di1L§SDjqS ..Ae �e (this "Agreement") is entered into by and between (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City") by and through its duly authorized City Manager or designee("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Custodial Service for City Hall, Frost Building and Facility Maintenance in response to Bid Invitation No. BI-0135-13 in accordance with Specification No. 1088, dated Revised 02/14/13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform the Custodial Service for City Hall, Frost Buildings and Facility Maintenance in accordance with Specification No. 1088. 2, Term. This Agreement is for twelve (12) months commencing on the date signed by the last signatory hereto and continuing for twelve months thereafter. The to includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager or his designee ("City Manager"). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is Building Maintenance Superintendent. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, ore ployee of Contractor be considered as an employee of the City. 5. Insurance. Before activities can e in under this Agreement, Contractor's insurance co p (ies must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least thirty ( 0) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any round whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ens on July 31 of each year, is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, that dete ination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Specification o. 1088, car Contractor's bid offer to Bid Invitation o. BI-0135-13 waives any subsequent breach of the same. 9. Compliance with laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed der this Agreement. en using subcontractors, however, Contractor must obtain prior written approval from e Building Maintenance Superintendent, Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had e o ed the services. 11. e e . This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. 135®1 or Speci ,ca tion No. 1088., Failure to keep all insurance policies in force for the entire to of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement upon 20 days' written notice to Contractor. However, City may terminate this Agreement on 24 hours' written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after payment is due. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. Contractor must adopt a Drug Free Workplace Policy. 15. Violence Policy. Contractor must adopt a Violence in the Workplace Policy. 16, Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is received on the day faxed or hand delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Building Maintenance Superintendent P.O. Box 9277 Corpus Christi,Texas 78469-9277 FAX No.: (361) 826-3395 IF TO CONTRACTOR: Contractor Name: Contact Person: Address: City, State, Zip: Fax No.: 17. Month-to-Month Eante si . If the City has not completed the bidding process and awarded a new supply agreement upon expiration of the original contract period or y extension period, the Bidder shall continue to provide goods/services under this Agreement, at the most current price under the terms of this supply agreement or extension, on a month-to- month is, not to exceed six months. This supply agreement auto atically expires on the effective date of a new contract. 18. Severability. Each rovision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable lave, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed d enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION INDEMNIFY,CONTRACTOR AGREES TO HOLD HARMLESS AND LIABILITY,DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMA ! LITIGATION, COSTS, B FEES AND EXPERT WITNESS FEES WHICH ARISE OR CONTRACT,ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF B BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. MUST, AT EXPENSE,ITS OWN DEMANDS, LIABILITY,ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY To INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER r SIGNED this_day of 20— Contractor: Name: Title: CITY OF CORPUS CHRISTI Date: Michael Barrera Assistant Director of Financial Services Incorporated by Reference: Exh ibis A-1: Bid Invitation No. BI-0135-13 (Includes Specification No. 1088 Insurance Requirements). Exhibit B: Bidder's Bid CITY OF CORPUS CHRISTI PURCHASING DIVISION SUPPLY AGREEMENT STANDARD PROVISIONS Contractor and the City of Corpus Christi "City") agree as follows: 1. Term. The term of this Supply Agreement is twelve months, with the option to extend for up to o (2) additional twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. If the City has not completed the bidding process and awarded a new contract upon the expiration of the original contract period or any extension period, the Bidder shall continue to provide goods/services under this Supply Agreement, at the most current price under the terms of this Supply Agreement or extension, on a. month-to-month asis, not to exceed six months. This Supply Agreement automatically expires on the effective date of new contract. 2, Description - Sale of Goods and Services. Contractor will transfer and deliver to the City, and the City will pay for and accept the City's requirements, during the term of the Agreement for all of the items described on the Bid Sheet(s)° Quantities shown on the Bid Sheet(s) are estimates and do not obligate the City to order or accept more than the City's actual requirements during the term of this Supply Agreement, nor do the estimates limit the City to ordering less than its actual needs during the term of this Supply Agreement, subject to availability of appropriated funds. Purchase Order. The City will exercise its right to specify time, place and quantity to be delivered in the following manner: Any City department or division may send to Contractor a purchase order signed by an authorized agent of the department or division. The purchase order will refer to this Supply Agreement will specify the item, quantity, delivery date, shipping instructions and receiving address of the ordering department or division. 4. Default In One Installment to Constitute Total Breach. Each installment of this Supply Agreement is dependent on every other installment, and a delivery of non-conforming goods or services, or a default of y nature under one installment will impair the value of the entire Supply Agreement ay constitute a total breach of the Supply Agreement. 5, Replacement of Merchandise. Any merchandise rejected by the City must be corrected or replaced by suitable merchandise within two weeks, at no charge to the City, or a replacement will be bought on the open market and any costs incurred, including additional costs over the bid price, shall be paid by the Contractor within thirty days of receipt of the City's invoice. 6. Price Adjustment. All goods and services to be delivered pursuant to this Supply Agreement, including any extensions thereof, will be purchased at the prices on the Contractor's Bid Sheet, provided that, at renewal or extension of the Supply Agreement for an additional twelve-month period(s), the prices for goods and services to be delivered during a ensuing twelve-month period(s) may be increased or decreased to the extent of changes in the cost of materials to the Contractor, as reflected in written documentation provided by the Contractor to the City. Co Christi SUPPLIER NUMBER TO BE ASSIGNED BY-Cn-7- PURCHASING DIVISION CITY OF CO"US CHRISTI DISCLOSURE OF INTERIEST City of Corpus Christi Ordinance 171124 as amended, reguires all ersons or fi rms seeking to do business with the City to provide the following infon-nation. Every guestion must e answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. 0. BOX: STREET ADDRESS: CITY: STATE: ZIP: FIRM IS: 1. Corpo ration 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet, 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each "official" of the Ci of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above name y-fi rm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Consultant FILING REQUIREMENTS If a person who re nests official action on a matter knows that the requested action will confer an economic benefit on any City official ore ployee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writin to the City official, employee or body that has been requested to act in the matter, unless the interest of the City oWicial ore mployee in t the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [ thics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information rovided is true and correct as of the date of this statement, that I have not knowing withheld disclosure orany information requested; and that supplemental statements will be promptly submitteyto the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee," Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d, "Firm."' Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes oft ation are treated as non-profit organizations. e. "Off icial." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant.""Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CITY OF CO"US CHRISTI PURCHASING DIVISION BUSINESS DESIGNATION FORM ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: [I YES [_1 NO ® CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: E] ASIAN PACIFIC E] BLACK HISPANIC NATIVE AMEJUCAN WOMAN Pleasc visit the following website for information on becoming a Texas Certified HUB� I"I El YES [:1 NO - LOCAL SMALL BUSINESS (LSB) A for-profit entity employing less than 49 employees located within the City limits of Ca Christi,Texas D DES E]NO OTHER(PLEASE SPECIFY): 0 THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- Firrn Name: Telephone: Ext. Address: Fax: City: State: Zip: E-mail: Date: Signature of Person Authorized to Sign Form Signer's Name: Title- (Please print or type)