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Res 19-42 Approving an Agreement for a Best Facility 2019 TOWN OF WESTLAKE RESOLUTION NO. 19-42 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH BEST FACILITY TO PROVIDE JANITORIAL SERVICES AT THE WESTLAKE ACADEMY CAMPUS AND WESTLAKE FIRE-EMS STATION NO. 1. WHEREAS, the Westlake Town Council (Council), finds the janitorial service will benefit the public; and WHEREAS, the Westlake Town Council finds that the contractor from Best Facility for janitorial services will provide the best value for all necessary labor and supplies for the cleaning of the Westlake Academy and Westlake Fire-EMS Station No. 1; and WHEREAS, the janitorial services cost has been included in the adopted 2019-2020 Westlake Academy and Town budgets; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the stakeholders and citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the contract agreement with Best Facility to provide janitorial service at the Westlake Academy and Westlake Fire-EMS Station No. 1. attached as Exhibit "A': SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 19-42 Page 1 of 2 PASSED AND APPROVED ON THIS 16"' DAY OF DECEMBER 2019. ATTEST: Laura heat, Mayor A hwk !� . Ta a Morris, ssistant to e Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney m Resolution 19-42 Page 2 of 2 PROJECT SCOPE TOWN OF WESTLAKE CLEANING CONTRACT General: The contract includes two Town owned facilities, Westlake Academy and the Westlake Fire - EMS Station No. 1. The Westlake Academy located at 2600 JT Ottinger Rd. is a Kindergarten thru 12a'grade campus with a total of 905 students and 95 staff members. The campus includes seven standalone buildings which includes 56 classrooms, administration offices,restrooms, a library, break rooms, a Multi-Purpose Hall,Performance Hall,two dining and kitchen areas, locker rooms, a weight room and a gym. The total square feet of the campus under contract is 89,919 sq. ft.which includes the following: • PYP 1 Building—24,000 sq. ft. • PYP 2 Building—9,900 sq.ft. • Gym &Cafeteria— 19,267 sq. ft. • Field House—8,900 sq. ft. • Six Portables with 2 Classroom each—8,400 sq. ft. • Secondary Building(3 stories)— 19,452 sq. ft. Areas excluded from this contract: • Multi-Purpose Hall&Cafeteria—9,536 sq. ft. • Arts & Science Building—8,500 sq. ft. The Academy interior includes wood, VCT, carpet, rubber, carpet and tile flooring. The Westlake Fire-EMS Station No. 1 which is located at 2000 Dove Rd. opened in February 2019 and includes two restrooms, a mall area, a training/weight room, a conference room, three offices and a lobby. The total sq. footage of this facility is 4,600 sq. ft. Contract: The Town of Westlake will use its standard bidding procedures to select the contractor. The Town's designated Facilities Manager is Rosie Miller, and Bid Manager is Darcy McFarlane, Facilities and Recreation Assistant(dmcfarlane@westlake-tx.org). Timeline: Bid due on December 9,2019 at 10:00 A. M., and the contract will be awarded on December 16, 2019 with a service start date of January 2,2020. 7-OeUk' fE at L FrCJZ�7Y WA Janitorial Bid 2019 Page 3 SCHEDULE OF SERVICES Standard services for all buildin¢s where applicable: 1. Desks, file cabinets, counters,partitions, bookshelves and other office and classroom furniture and equipment will be dusted each service. 2. Carpets will be vacuumed each service. 3. Wooden surface floors will be dust mopped and damp mopped each service. 4. Hard surface floors will be mopped each service. 5. Drinking fountains will be cleaned and sanitized each service. 6. Cobwebs will be removed weekly and/or as needed. 7. Wooden chair railings dusted weekly. 8. A/C vents to be dusted weekly. 9. Mirrors, soap dispensers,washbasins and plumbing fixtures will be cleaned each service. 10. Restroom floors will be mopped each service with detergent-disinfectant. 11. Walls and doors will be cleaned to remove handprints and smudges each service. 12. Toilet tissue and paper towel dispensers will be filled each service or as needed. 13. Desk tops, glass doors and partitions will be cleaned each service. 14. Waste receptacles will be emptied and lined each service and washed twice a week. 15. Urinals and toilets will be cleaned each service using detergent- disinfectant. When necessary an emulsion bowl cleaner will be used. 16. Windows and doors will be cleaned inside/outside each service. 17. Windowsills and baseboards will be dusted weekly. 18. Restroom partitions will be cleaned each service. 19. Other items as needed. Services Required Per Specific Building: PYP 1 &2 Buildin¢s 33,900 so. ft. 1. Side glass and six doors in front entrance cleaned each service. 2. Tops of lockers dusted weekly. 3. Dividing partitions will be cleaned each service with disinfectant and washed as needed. Gym and Cafeteria 19,267 sq.ft. 1. Gym floor will be dusted each service and damp mopped twice a week. 2. Tops of bleachers and floor beneath will be dust mopped twice a week. 3. Showers will be cleaned each service. 4. Dining area will be swept and mopped each service. 5. The tops, fronts, and sides of counters will be cleaned and sanitized each service. 6. Center edge of folding tables cleaned weekly. 7. Service hallway will be swept each service. 8. Inside elevator walls and floor will be cleaned each service. 9. Cafeteria will be dusted,and damp mopped each service. WA janitorial Bid 2019 Page 4 Field House 8,900 sq. ft. 1. Weight room and classroom floors will be swept and vacuumed each service. 2. Concession area window and counter top will be cleaned each service. 3. All shower areas will be cleaned each service using detergent-disinfectant. 4. The tops; fronts, and sides of counters will be cleaned and sanitized each service. 5. Service hallway will be swept each service. Six Portables, 12 Classrooms 8,400 sq. ft. 1. Outside waste receptacles will be emptied each service. 2. Special Ed Room floor will be wet mopped each service. 3. Two set of restrooms. Secondary Building (3 stories)—19,452 sq. ft 1. Sinks will be cleaned each service. 2. Glass doors and side glass will be cleaned each service. 3. Glass partitions will be cleaned once month. 4. Inside elevator walls and floor cleaned each service. 5. Outside front covered patio cleaned each service. 6. All stairways swept and mopped,and handrails will be dusted each service. 7. Dividing partitions will be cleaned each service with disinfectant and washed as needed. 8. Wet mop the lobby each service. 9. Hard surface floors will be polished twice annually Exterior of All Buildings 1. Wall mounted,exterior lighting fixtures will be cleaned twice a month(total of 6). 2. All outdoor trash cans will be emptied weekly. (10) 3. Door mats will be swept and cleaned weekly or as needed. 4. Metal handrails will be cleaned weekly. 5. Trash around MPH and Gym dumpsters areas will be picked-up as needed. December, March, and June—Angust Break Cleaning Schedule 1. All windows will be cleaned inside and out. 2. Strip/wax VCT flooring in portable classrooms. Cleaning crew start time will be 8 p.m. Sunday - Friday. Total annual cost for janitorial services at Westlake Academy: $ 9f, ads T7 Total monthly(12 month) fees: $ ff' ?'%" WA janitorial Bid 2019 Page 5 Fire-EMS Station No. 1 Administration Buildin¢4,600 sq. ft. 1. Hard surface floors will be mopped each service. 2. Hard surface floors will be polished twice annually. 3. Carpets will be vacuumed each service. 4. Windowsills and baseboards will be dusted weekly. 5. A/C vents will be dusted twice a month. 6. Waste receptacles will be emptied each service and lined when needed. 7. Sinks will be cleaned each service. 8. Glass doors and side glass will be cleaned each service. 9. Glass partitions will be cleaned weekly. 10. Cobwebs will be removed as needed. 11. Outside, front covered patio cleaned each service. 12. Mirrors,soap dispensers, washbasins and plumbing fixtures will be cleaned each service. 13. Urinals and toilets will be cleaned each service using detergent-disinfectant. 14. Toilet tissue,paper towel, hand lotion and mouthwash dispensers will be filled each service as needed. 15. Restroom floors will be mopped each service with detergent-disinfectant. 16. Walls and doors will be cleaned to remove handprints and smudges each service. 17. The lobby will be wet mopped each service. 18. Outdoor plants under the breezeway will be three time per weekly. Total annual cost for janitorial services at the Fire-EMS Station No. 1: $ eI �pTFl f1NNUA-L GoST !-or 6V,'tyWw G�cANfNG ,L ! / � The Town of Westlake will provide the following: yylcA THA 1. One set of card keys and keys 2. Trash cans 3. All cleaning solutions &products 4. MSDS sheets & logs 5. Four dumpsters Contractor will provide the following: 1. Daily log book 2. Check list in each cleaning closet notating when each area is cleaned and by whom 3. All tools including but not limited to: mops, brooms,vacuum cleaners,cleaning brushes and scrubbing equipment 4. Email,phone number and address for owner(s) and supervisor(s) 5. Background check for all employees when requested by the Academy or Town 6. Supervisor will complete weekly checks of all areas on campus. WA Janitorial Bid 2019 Page 6 Optional Services The following will be serviced on an as needed basis for both Westlake Academy and the Fire-EMS Station No. 1. (The Town of Westlake reserves the right to use other contractors.or staff to complete the following work.) 1. Washing of all windows inside and out: Cost per window: $ No. of Windows Total Cost: $ oQ . Oo 2. Washing of windows inside and out above ten feet: Cost per window: $ No. of Windows Total Cost: $ 3. Machine scrub tile floors: Cost per sq. ft. $ Total sq. ft.1te81 7 Total Cost: $ 3&Ioz.-7-'5- 4. Strip/Wax VCT flooring: Cost per sq. ft. $ . 'YS Total sq. ft.6, 6© Total Cost: $ ;Z,9 a 00 5. Machine cleaning of carpet: Cost per sq. ft. $ , / ,t Total sq. ft.3a,$i Total Cost: $ 6. After hours and weekend cleaning: Hourly rate: $ ,�:3.56 7. Power wash outside of buildings: Hourly rate: $ - 8. Day Porter: Monday thru Friday 7:00 am—4:00 pm Note: Hourly rate of pay$13.00 Total annual cost of services: $ 36; `f75 Overtime rate: $ ;;z 6.33 The Town reserves the right to use an outside supplier for all materials and supplies required for this agreement. Note: If the above services are not performed to Town standards,the Town may hire an outside contractor to provide the services needed and bill the contractor for any costs incurred. WA janitorial Bid 2019 Page 7 INSTRUCTIONS 1. WORK TO BE DONE General: The contract includes two Town owned facilities, Westlake Academy and the Westlake Fire - EMS Station No. 1. The Westlake Academy located at 2600 JT Ottinger Rd. is a Kindergarten thru 12a'grade campus with a total of 905 students and 95 staff members. The campus includes seven standalone buildings which includes 56 classrooms, administration offices, restrooms, a library,break rooms, a Multi-Purpose Hall, Performance Hall,two dining and kitchen areas, locker rooms, a weight room and a gym. The total square feet of the campus under contract is 89,919 which includes the following: • PYP 1 Building—24,000 sq. ft. • PYP 2 Building—9,900 sq.ft. • Gym &Cafeteria— 19,267 sq. ft. • Field House—8,900 sq. ft. • Six Portables with 2 Classroom each—8,400 sq. ft. • Secondary Building(3 stories)— 19,452 sq. ft. Areas excluded from this contract: • Multi-Purpose Hall &Cafeteria—9,536 sq. ft. • Arts& Science Building—8,500 sq. ft. The Academy interior includes wood,VCT, carpet, rubber, carpet, concrete and tile flooring. The Westlake Fire-EMS Station No. 1 which is located at 2000 Dove Rd. opened in February 2019 and includes two restrooms, a mall area, a training/weight room, a conference room, three offices and a lobby. The total sq. footage of this facility is 4,600 sq. ft. Contract: The Town of Westlake will use its standard bidding procedures to select the contractor. The Town's designated Facilities Manager is Rosie Miller,and Bid Manager is Darcy McFarlane, Facilities and Recreation Assistant(dmcfarlane@westlake-tx.org). Timeline: Bid due on December 9,2019 at 10:00 A. M.,and the contract will be awarded on December 16,2019 with a service start date of January 2,2020. 2. PREPARATION AND SUBMISSION OF PROPOSAL In the bid proposal, the bidder shall fill in the blanks for the "Optional Services " and the "Total Amount." 3. INTERPRETATION OF QUOTED PRICES In case of a difference between the written words and any figure in a proposal,the amount stated in writing will be considered as the bid. The contract method will be unit pricing based on actual quantities of work provided. WA janitorial Bid 2019 Page 8 4. DISCREPANCIES IN BIDS In case of lack of clarity of a proposal, the owner will adopt the most advantageous construction thereof or reject the bid. 5. UNBALANCED BIDS Unreasonable or unbalanced unit prices will be cause for rejection of any bids. 6. INTERPRETATION OF SPECIFICATIONS Any questions as to the meaning of any specifications will be answered by addendum which will be sent to all who have been famished with the service agreement. 7. LOCAL LABOR The Contractor, in so far as is practicable, will be expected to give preference to employment of local citizens. 8. MATERIALS FURNISHED BY CONTRACTOR The Contractor shall furnish all materials, regardless of their nature except as noted in this agreement. 9. MANUFACTURERS MSDS The Contractor shall furnish, MSDS for each of the products used to fulfill the service required in this agreement. A copy must be kept in one cleaning closet and a second copy goes to the Facility Manager. 10. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE Attention is called to the fact that a minimum scale of wages to be paid to employees engaged in the work under this contract does not release the contractor from compliance with any state wage law that may be applicable. The contractor shall abide by the wage and hour laws of the State and must not pay less than the rates prescribed. 11. TIME ALLOWED FOR AGREEMENT TO START The Contractor shall commence work in not more than 10 calendar days after the work order has been issued. Work on the project shall start on January 1,2020. 12. SPECIAL INFORMATION - SALES TAX The owner qualifies as an exempt agency as defined by the statutes of the State of Texas. The Contractor shall comply with all statutes and rulings of the State Comptroller. 13. SUB CONTRACTORS The Contractor must submit a list of all sub contractors which would be performing any work under this agreement.If at any time the Contractor wishes to change a sub-contractor, they must get approval from the Town. 14. INSURANCE The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: WA janitorial Bid 2019 Page 9 Type of Insurance and Amount 1. Workman's Compensation As set forth in the Worker's Compensation Act. 2. Commercial General Each Occurrence $500,000 Liability (Public) General Aggregate $1,000,000 Products Comp/Ops Agg. $1,000,000 The Town of Westlake shall be named as an additional insured on the Commercial General Liability (Public) Insurance Policy furnished by the Contractor. Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non-renewal or any material change in coverage, a notice thereof shall be given by certified mail to the Town of Westlake, 1500 Solana Blvd., Bldg. 7, Suite 1700, Westlake, Texas 76262. Companies issuing the insurance policies shall have no recourse against the Town for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. Certificate of proof that the insurance is in force shall be furnished to the Town. The coverage provided herein shall be primary and noncontributory with any other insurance maintained by the Town of Westlake, Texas, for its benefit, including self insurance. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the service agreement by the Town of Westlake, the Contractor shall furnish the Town proof of identical continued coverage no later than ten (10) days prior to the expiration date shown on the Certificate of Insurance. The Contractor shall not commence work on any Contract in the Town of Westlake until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the Town. WA Janitorial Bid 2019 Page 10 IDDERS INSTRUCTIONS V (Must be signed by the ontractor) ATTENTION TO ALL BIDDERS: The Town of Westlake wishes to thank you in advance for bidding on this project. Please be aware of the following requirements for bidding on Town of Westlake work. It is important that you read and understand these qualification factors in order to achieve a rapid and smooth completion of the process.All pertinent documents required by law and these instructions must be correctly completed. A successful completion of them, will not only benefit the Town of Westlake, but also you as the Contractor,because among other things,the money reserved for the project will be ready to be used in your project and prompt scheduled payment may be made without any further delays. If you are unable to comply with formal requirements or fail to exercise due diligence in completing the required contract forms,the contract may be awarded to the next lowest bidder for the reason time is of the essence in these projects. WA Janitorial Bid 2019 Page 11 BASIC FORMS REQUIRED BY THE TOWN OF WESTLAKE THE FOLLOWING FORMS MUST BE COMPLETED BY THE CONTRACTOR AND ITS INSURANCE COMPANY l. Proposal (to be completed by the Contractor) 2. Standard Form of Agreement(to be completed by the contractor) 3. Corporate Acknowledgment; or Single Acknowledgment;or Partnership Acknowledgment (NOTE: Whichever is applicable to the contractor,just one must be completed,and shall be notarized.) 6. Power of Attorney or Certificate of Authority of Attomey(s) In-Fact (issued by the surety's company) 7. Town of Westlake Certificate of Insurance form (to be completed by the insurance company) 8. Indemnification by the Contractor(to be completed by the contractor) REMINDER: (a) All signatures must be originals. (b) Make sure the appropriate forms have been correctly notarized WA Janitorial Bid 2019 Page 12 INDEMNIFICATION BY CONTRACTOR Town shall not be liable or responsible for,and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses,damages, claims,or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of Town,without; however,waiving any governmental immunity available to the Town under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect Town from the consequences of Town's own negligence, provided, however,that the indemnity provided for in this section shall apply only when the negligent act of Town is a contributory cause of the resultant injury, death,or damage, and shall have no application when the negligent act of Town is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense,and on behalf of Town and in the name of Town, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the Town for its own benefit, including self-insurance. In addition, Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the required coverage. Company Name (Contractor) 65 F.3 Signature Ei=:_;� C ��✓ Name(Please Print) j�'i A'- hsF:d Title f SIN%IP5 c WA Janitorial Bid 2019 Page 13 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the day of January in the year 2020, by and between the Town of Westlake, Texas (hereinafter called OWNER) and (5'z7ziT F't4G/l rl 6,57ia1f 1Gi�S . (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all service as specified or indicated in the Contract Documents. The Work is generally described as follows: JANITORIAL SERVICE AT THE WESTLAKE ACADEMY/CIVIL CAMPUS WESTLAKE ACADEMY and Westlake Fire-EMS Station No. 1 FROM TOWN OF WESTLAKE Article 2. CONTRACT TIME. 2.1 CONTRACTOR agrees to commence service Sunday — Friday. Service may be performed on weekends, holidays, and summers which must be approved by the Town. Article 3. EMPLOYEE BACKGROUND CHECKS. 3.1 CONTRACTOR must provide a completed certification of criminal history record information form (exhibit A) on each employee and subcontractor before they are scheduled to provide services on the Westlake Academy campus. The Town reserves the right to reject any employee the right to work at the Westlake Academy campus. based on the result of its findings. Contractor must provide the Town with a current list of employees providing services at the Westlake Academy campus at any time. Contractor must supply a list of vehicles that will be on campus. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the work on a monthly basis in accordance with the Contract Documents in current funds based on the basic schedule of services and Optional Services stated in the proposal. If CONTRACTOR does not perform services in accordance to this agreement the Owner will deduct any and all expenses to hire a second contractor and/or staff to perform the services. Owner will deduct all expenses from the contractor's monthly fee. WA Janitorial Bid 2019 Page 14 Article 5. PAYMENT PROCEDURES. 5.1 CONTRACTOR shall submit invoices for payment on service completed during the previous month on the first day of the month. CONTRACTOR shall present only one invoice for payment each month. Invoice for payment will be processed and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. If CONTRACTOR does not perform services in accordance to this agreement the Owner will deduct any and all expenses to hire a second contract and/or staff to perform the services. Owner will deduct all expenses from the contractor's monthly fee. Article 6.INTEREST. 6.1 All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the project. Article 7. CONTRACTOR'S REPRESENTIONS. 7.1 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.2 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents,work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost,progress,performance or furnishing of the work. 7.3 CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of this agreement. 7.4 To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of management, staff, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from and(b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 7.5 In any and all claims against OWNER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 7.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR WA Janitorial Bid 2019 Page 15 or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 Bid Proposal - Basic Schedule of services 8.2 Optional Service 8.3 Instructions 8.4 This Agreement There are no Contract Documents other than those listed above in this Article 8. Article 9. TERMINATION. 9.1 Either OWNER or CONTRACTOR may terminate this Contract, with or without cause, by giving the other thirty (30) days written notice. Article 10. MISCELLANEOUS. 10.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants,agreements and obligations contained in the Contract Documents. WA Janitorial Bid 2019 Page 16 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed three copies of the Agreement. Three counterparts have been delivered to OWNER, and one counterpart each has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR on their behalf. This agreement will be effective on the day of January 2020. OWNER: CONTRACTOR: Town of Westlake, Texas By: AM'4�.& bL' By:�J(,C�/ v Amanda DeGan, Town Manager (� ATTEST: A"AQL � I Tanya Morris,Assistant to the Town Secretary And Town Manager Address for giving notices: Address for giving notices: 1500 Solana Blvd.,Bldg. 7, Suite 7200 5o5' Al-L. Goer✓ (T 7;P—F h,,6 Westlake, Texas 76262 (f U{ T, TX- 76 ti'S3 List name of person to whose attention notices are to be sent: (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) WA Janitorial Bid 2019 Page 17 Facility Services 4n 4'C.iiT99f�9/ICf?IS Ir•i.CemPo�Y January 7, 2020 Troy Meyer The Town of Westlake 1500 Solana Blvd., Building 7, Suite 200 Westlake, Texas 76262 Re: 2020 Westlake Fire-EMS Station 1 Janitorial Scope and Pricing Troy, Please let this letter serve as confirmation of the scope and pricing of janitorial and window cleaning services for the Westlake Fire Station located at 2000 Dove Road. There will be Monday-Friday daily cleaning, a thorough cleaning of the inside of the exterior windows monthly, spot cleaning on glass doors and windows daily and quarterly cleaning of the outside of the exterior windows. The bid was approved by the Town of Westlake on December 16, 2019 for$25,925 annually. Best Facility Services has agreed to reduce the annual amount to $16,685.00 with monthly billing at $1,390.42. If you have any questions please let me know. Sincerely, Mark Borge Principal, BFS Copy: file 305 N.E Loop 820,Suite 106 Hurst,TX 76053 817-595-0002 fax 817-595-0003 www.bestfacilliyse"ices.com 9 best Facility Services Westlake Academy Janitorial RFP Addendum December 2019 Campus Cleaning Program Information • 6 day a week night cleaning program August 1 through May 31 • 5 day a week night cleaning program June 1 through July 31 (one crew member) • $11 an hour pay rate for night cleaning members • Concrete floors in the Secondary Building are to be burnished twice annually • Pricing includes annual window washing (interior and exterior) of all campus windows • Pricing includes annual strip and wax of VCT floor in portable classrooms and related moving of desks and chairs Firehouse Cleaning Program Information • 5 day per week night cleaning program At least $11 an hour pay rate for the night cleaner • Another line item for the annual cost of window washing was added to page 6 of the RFP for quarterly window washing (exterior) and monthly washing (inside of exterior windows). Note: One of the challenges in assembling cleaning crews in Westlake is that they have to drive a ways from where they live. We have intentionally budgeted reasonable pay rates and production rates in an effort to secure crew member labor over the long term with minimal turnover. Fining System: In the pre-bid conference the idea of an incentive program emerged. We propose a fining system for repeat offenses such as negligence to complete specified tasks etc... perhaps a $50 fine per offense in an agreed upon ongoing system. Other Observations • There are obvious tool marks (swirls etc...) in many of the concrete floors. These can be removed and fixed by proper use of diamond abrasives. This is one of our specialties and we would be happy to write an assessment and quote for doing so. • In addition to machine scrubbing, it may be necessary to utilize an indoor power washing system to remove contaminants in the grout lines. We have this capability and would be happy to write an assessment and quote for doing so. • We suggest that once tile grout is properly cleaned that it be sealed with an impregnating sealer. Most sealers have a shelf life of about 2 years once applied. This will help keep subsequent contaminants suspended, making the cleaning process easier. O ATE(MMiDDIYYYY) AC40RDa CERTIFICATE OF LIABILITY INSURANCE7118/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER — Hotchkiss Insurance Agency, LLC PHtlr'E 80A899-3750. FAIc 4120 International Parkway tvc Nal:972 512-T799 Suite 2000 ADDRfiss• CertsCc�hiallc.com Carrollton TX75007 INSURER(Si AFFORDINGCOVERAGE 1 NAfCp _INSURER A.Cincinnati indemnity Company ._.. 23280 wsuREo ---� 6E9TFac-01 INsuReR e:Texas Mutual Insurance Co 2n I 22945 Best Facitity Services tNSURERC: — 305 N.E.Loop 820, Ste 106 - Hurst TX 76053 INSURERO: _-- WSURER.E:. MSURER F: ; COVERAGES CERTIFICATE NUMBER:1923488821 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TIN Ft ...._.....__..-....._ - AD-$L SU —._- ___ - P YEFF j POLICY E%P UMITS RA TYPE OF MSUNCE I POLICY NUMBER IMODWYYYY ift A X COMMERCIAL GENERALLIA9ILITY EPP0487452 7H 9/2019 62012020 DAMN OCCURRENCE $ 000,000 �,...... DAMAGE-YG-REF7TEt'S— CLAiMS�MADE 'X OCCUR I i Pj REMISES{Ea aCcuttenCe 53040_00_ 1 MED EXP(AnY22 PRwson) S10,000 PERSONALS ADJ INJURY E1 OOO,WO 11 G N'L AGGREGATE LIMIT APPLIES PER: I I j GENERAL AGGREGATE 182000:000. ' POLICY[K JEja I_,_,i LOG � i PRODUCTS-COMPfOP AGG 52000,000 _ LjOTHER: I S A AUTOM091LEUMBILD7f EPP0497452 7/1912019 6120/2020 M&NE SIN L LIMIT I s I'Do0000 al�m ANY AUTO i �130DILV INJURYfPof poroon) S OWNED SCHEDULED BODILY INJURY(Pwacatlanh S AUTO5 ONLY AUTOS PROPERTY,.AMAiy .......... ,�HiRDD �'NONAWNED E AUTOS ONLY AUTOS ONLY Per acdrlmtFl ;S A X UMBRELLA L4le� X ODOUR EPP0497452. 71192019 ! 6202020 EACH OCCURRENCL 55,000,000 j EXCESS UAB CLAIMS-MADE, AGGREGATE 135,00a,000 j DE RETENTIONS g WORKERSCOMPSNSATION 10001192376 ' 6120/2019 1 6.120/2020 iX I STAT LIT E AND EMPLOYERS'LIABILItY ANYPROPRIETOWARTNEW N N!AEXECU RVE YIN EL.EA_C MI _MACCIDEM St 000,000 _ 'OFFICERManeMory in EMBEREXCLUDEDi - f ) j J„piScASE EAEMPLOYEE'S1000,000 U If yes,tlascnba wider DE CRIPTION OF OPERATIONS ba14,u I E.L.DISEASE.POLIC'+LRdIT 51000,000 DESCRIP NOFOPERAMONSILOCATONSIVEHICIPs(ACORD 1ai,AEdieonai Remarks Schedule,may be atrachedrcmorespaee is regPiretl7 The general liability policy includes additional insured endorsements,[GA233 021071that provides additional insured status for ongoing and completed o erations to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The general Gability policy includes a blanket waiver of subrogation endorsement when required. written crnriract-per(GA233 0210'7� The general liability policy includes a special endorsement with Pdmary and Noncontributory Warding as required by written contract,[GA233 021071. The Hired Car Non-Owned Auto coverage is subject to the General Aggregate Limit on the above referenced General Liability section. The workers compensation policy includes a blanket waiver of subrogation endorsement when required by written contract-per(WC420304B) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL as DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS- AUTHORREDREPRESENTATIVE t f ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 OFFICE USE ONLY Complete Nos.1-4 and 6 if there are interested parties. CERTIFICATION OF FILING Complete Nos.1,2,3,5,and 6 it there are no interested parties, 1 Name of business entity filing form,and the city,state and country of the business entity's place Certific2019'Sate Number: of business. 94 Best Facility Services Date Filed: Hurst,TX United States 12/20/2019 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Date Acknowledged: Town of Westlake g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2019-09 Janitorial Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) CControllingJ Intermediary 5 Check only if there is NO Interested Party. 0 6 UNSWORN DECLARATION and my date of birth is My name is My address is �.=. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. -4 , Stale of on the,%'�' day of y' ' 20 ' Executed in i / '� �' ' County, (month) (year) r Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-571994 Best Facility Services Hurst,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/20/2019 being filed. Town of Westlake Date Acknowledged: 12/20/2019 g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2019-09 Janitorial Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d