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HomeMy WebLinkAboutResolution No. 2013-026 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2013- (1 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AWARDING A BID AND EXECUTING A CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND MEMBER'S BUILDING MAINTENANCE, LLC FOR JANITORIAL SERVICES FOR CITY FACILITIES AS SPECIFIED IN THE CONTRACT, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, bids for janitorial services for city facilities were opened on November 6,2012-1 and WHEREAS, upon review of the bids received, city staff has determined that the bid received from Member's Building Maintenance, LLC meets required specifications; and WHEREAS, the contractor is to provide janitorial services for city facilities, as specified in the contract, for the period of June 3, 2013 until September 30, 2013, which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, The City of The Colony has an option to extend the contract annually for one year, not to exceed four (4) additional years; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Council of the City of The Colony hereby awards a bid and approves the contract, attached hereto as Exhibit "A", for janitorial services for city facilities. Section 2. The city manager is hereby authorized to execute the contract on behalf of the City of The Colony, Texas. Section 3. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 7th day of May, 2013. Jo'e McCou` n-ry~;"Mayor ATTEST bhir, tie Wilson, TRMC, City Secretary APPROVED AS TO FORM: Jefl Moore, City Attorney 6+ TE X A`' CITY OF THE COLONY CONTRACT FOR JANITORIAL SERVICES This Contract is made by the City of The Colony, Texas, a municipal corporation ("City") and Member's Building Maintenance, LLC ("Contractor"). The City and Contractor agree: 1. EMPLOYMENT OF THE CONTRACTOR. The City agrees to retain the Contractor, and the Contractor agrees to perform janitorial services in connection with the Project as set forth in the bid package documents for the approved Bid Location Numbers only. 2. SCOPE OF SERVICES. The Services to be performed are specified in the bid package documents. Deviations from the scope of work may be authorized from time to time by the City in writing. 3. SCHEDULE OF WORK. The Contractor agrees to begin work upon receipt of written authorization from the City. Work is to commence on or about January 1, 2013 for approved Bid Location Numbers only. 4. CONTRACT PERIOD. The contract period is for nine (9) months starting on January 1, 2013. All pricing is to remain firm during the contract period. The contract is renewable for an additional four (4) years on an annual basis, if mutually agreeable to both parties. 5. COMPENSATION. Contractor's total compensation for services to be performed and expenses to be incurred is specified in the bid as submitted by Contractor. 6. PAYMENTS. Payments will be processed on a monthly basis with payment available within 30 days after receipt of the invoice for the previous month's service. 7. INVOICING. Invoices should be prepared and submitted to the City for payment by the10th of each month for the previous month's service. Invoices should be mailed to Accounts payable, City of The Colony, 6800 Main Street, The Colony, TX 75056. Attention Facilities Management Department. 8. RIGHTS OF WITHHOLDING. The City may withhold any payment or partial payment otherwise due the Contractor on account of unsatisfactory performance by the Contractor. The amount to be withheld will be calculated based on the work not performed and the impact to the Location Number, length of time and square footage. Any payment or partial payment that may be withheld for unsatisfactory performance can be used to remedy the lack of performance and will not be paid to the Contractor. 9. INFORMATION PROVIDED BY THE CITY. Although every effort has been or will be made to furnish accurate information, the City does not guarantee the accuracy of information it furnishes to Contractor. 10. INSURANCE. The Contractor shall provide proof that it has obtained and will continue to maintain throughout the duration of the Contract the insurance required under the bid package documents. Failure to maintain the required insurance may result in immediate termination of the Contract. 10. INDEMNIFICATION. As specified in the bid package documents, including the Standard Terms and Conditions and Insurance Requirements sections. 11. TRANSFER OF INTEREST. Neither City nor Contractor may assign or transfer their interests in the Contract without the written consent of the other party. Such consent shall not be unreasonably withheld. This Contract is binding on City, Contractor, and their successors and assigns. Nothing herein is to be construed as creating a personal liability on the part of any City officer, employee or agent. 12. AUDITS AND RECORDS. At any time during normal business hours and as often as the City may deem necessary, the Contractor shall make available to the City for examination all of its records with respect to all matters covered by the Contract and will permit the City to audit, examine and make copies, excerpts, or transcripts from such records. The City may also audit all contracts, invoices, payroll records of personnel, conditions of employment and other data relating to the Contract. 13. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such actions shall include, but not be limited to the following: employment, promotions, demotion, transfers, recruitment or recruitment advertising, layoffs, terminations, selection for training (including apprenticeships), and participation in recreational activities. The Contractor agrees to post in conspicuous places, accessible to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Contract so that such provisions will be binding upon each subcontractor, except that the foregoing provisions shall not apply to contracts or subcontracts for customary office supplies. The Contractor shall keep records and submit reports concerning the racial and ethnic origin(s) of applicants form employment and employees as the law may require. 14. TERMINATION OF CONTRACT. Contractor may terminate this Contract upon sixty (60) days written notice to City. City may terminate this contract upon sixty (60) days written notice to Contractor, except in the event (1) Contractor is in breach of this Contract or (ii) Contractor fails to comply with bid package documents quality specifications. If either of the foregoing conditions exist, City shall notify Contractor and Contractor shall be given two (2) days to cure such breach or failure to comply. Should Contractor fail to cure to the satisfaction of the City's Facilities Management Department, City may terminate this Contract upon written notice. Furthermore, the City retains the right to terminate this Contract at the expiration of each City budget period (September 30) during the term of this Contract, even without prior notice as described in the preceding sentence. In the event of any termination hereunder, the Contractor consents to City's selection of another Contractor to assist the City in any way in completing the Services. Contractor further agrees to cooperate and provide any information requested by City in connection with the completion of the Services. Contractor shall be compensated for Services performed and expenses incurred for satisfactory work up to the termination date in that Contractor shall receive a portion of fees and expenses permitted under this Contract in direct proportion to percentage of work actually completed up to the termination date. This provision shall not deprive the City of any remedies against Contractor that may be available under applicable law. 15. CONTRACTOR'S REPRESENTATIONS. Contractor hereby represents to City that Contractor is financially solvent and possesses sufficient experience, licenses, authority, personnel, and working capital to complete the Services required. 16. CITY APPROVAL FOR ADDITIONAL WORK. No payment, of any nature whatsoever, will be made to Contractor for additional work without the CITY's written approval before such work begins. 9. PERFORMANCE BY CONTRACTOR. All Services provided by the Contractor hereunder shall be performed in accordance with the highest professional standards and in accordance with the bid package documents, and Contractor shall be responsible for all Services provided hereunder whether such services are provided directly by contractor or by any contractors hired by Contractor. The Contractor shall perform all duties and Services and make all decisions called for hereunder promptly and without unreasonable delay. Contractor shall not utilize subcontractors to perform Services without the City's prior written consent. 18. DAMAGE. In all instances where City property and/or equipment is damaged by the Contractor's employees, a full report of the facts, extent of the damage and estimated impact on the Contractor's schedule shall be submitted to the City's Facilities Management Department by 8 a.m. of the following City business day after the incident. If damage may result in further damages to the City or loss of City property, the Contractor must notify Police Dispatch immediately. The contractor shall be fully liable for all damage to City property or equipment caused by the Contractor's officers, employees or agents. 19. CITY OBJECTION TO PERSONNEL. If at any time after entering into this Contract, City has any reasonable objection to any of Contractor's personnel, or any personnel retained by Contractor, then Contractor shall promptly propose substitutes to whom the City has no reasonable objection, and the Contractor's compensation shall be equitably adjusted to reflect any difference in the Contractor's costs occasioned by such substitution. 20. COMPLIANCE WITH LAWS. The contractor warrants and covenants to the City that all Services will be performed in compliance with all applicable federal, state, county and City laws, rules, and regulations including, but not limited to, the Texas Industrial Safety and Health Act and the Workers Right-to-Know Law. All necessary precautions shall be taken to assure that safety regulations prescribed by OSHA AND THE City's Representative are followed. 21. ENTIRE CONTRACT. This instrument together with all bid package documents attached hereto contains the entire Contract between the City and Contractor concerning the Services. There will be no understandings or contracts other than those incorporated herein. The Contract may not be modified except by an instrument in writing signed by the parties hereto. 22. MAILING ADDRESSES. All notices and communications concerning this Contract to be mailed or delivered to the City shall be sent to the address of the City as follow, unless and until the Contractor is otherwise notified: Terry Gilman Manager of Facilities Maintenance City of The Colony 6800 Main Street The Colony, TX 75056 All notices and communications under this Contract to be mailed or delivered to the Contractor shall be sent to the address listed below until the City is otherwise notified: Name:_ nin Lw Title: Company Name: He,mkLX s ;~Na~y~ ancP LLC- Address: 1i 3 6:~ t7~,►+0~ 0-C ~ 1~-,a City, State, Zip: -7 5-D19 Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date in the notice or communication is placed in the United States Mail or hand- delivered. 23. LEGAL CONSTRUCTION. If any one or more of the provisions contained in the Contract for any reason is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been included. 24. GOVERNING LAW. The validity of this Contract and of any of its terms or provisions as well as the rights and duties hereunder, shall be governed by and construed in accordance with Texas law. 25. COUNTERPARTS. The Contract may be signed in counterparts, each of which shall be deemed to be an original. 26. EFFECTIVE DATE. This contract shall be effective once it is signed by the City and Contractor on January 1, 2013. AGREED TO BY: City of The Colony, TEXAS By: By:l Name: r~ Tro -owell Title: City Manager Date: .9~~0~ _ Date: < L ATTEST: ,I By: f s=l ~..t r Christie Wilson City Secretary