Loading...
HomeMy WebLinkAboutService Managment Systems - Custodial Services - 7.18.2022EXHIBIT "A" FORM OF CONTRACT CONTRACT FOR JANITORIAL SERVICES Waterloo Regional Airport — Airline Passenger Terminal Building This Contract for Janitorial Services (the "Contract") is entered into as of July 18 , 2022 by and between the City of Waterloo, Iowa ("City") and Service Management Systems ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services: For a period of three (3) years after the date of this Contract, beginning on or about July 1, 2022; and ending on, June 30, 2025, and subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, personnel, labor, materials, paper products and chemicals, common custodial equipment and tools, and services to perform and substantially complete all work as described in the Contract Documents (defined below) at the City of Waterloo's Regional Airport at the Airline Passenger Terminal Building. Contractor shall provide the above services at the cost set forth in Contractor's RFP response. Contractor's invoice for services authorized under this Contract shall be submitted on a monthly basis and will be paid within thirty (30) days after receipt. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the Contract terms. 2. Contract Documents: The Contract Documents consist of the following: a. This Contract b. Request for Bids c. Addenda, if any d. Response (Proposal or Bid) from the Contractor e. Contractor's completed and signed Bid Form These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall govern. 3. Communication: Contractor shall exercise best efforts to maintain communication with Airport Administrative personnel whose involvement is necessary or advisable for successful and timely completion of the scope of work at the Regional Airport. Communications between the parties shall be verbal or in writing, as requested by the parties, or as dictated by the subject matter to be addressed. 4. Personnel Changes: Upon written request from the City, Contractor will remove from service any employee assigned to Client's premises who has engaged in improper conduct, including but not limited to a failure to perform Contractor's duties hereunder, and shall furnish such additional and qualified personnel as may be necessary. 5. Property Damage: Contractor shall be responsible for all damage to public or private property. Contractor shall keep a report of all damage and shall promptly report same to City. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 6. Default; Termination for Cause: In the event that the Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a) by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perfonn its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b) charge Contractor a sum equal to the City's costs to remedy Contractor's non-compliance, including but not limited to actual costs incurred by City in paying a third -party contractor or the actual costs (salary and benefits) of time devoted by City personnel performing the work; c) declare a default of this Contract and terminate this Contract by delivery to Contractor of written notice of termination; and/or d) take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. City shall notify Contractor in writing of any charges assessed under paragraph b) above, and City may recover such charges by deduction from City's payment to Contractor at any time after 30 days from delivery of notice. No delay in enforcing the provisions of this section as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 7. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. Either party may also choose to terminate this Contract at any time by delivering to the other party a 120-days' advance written notice of intent to terminate. 8. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 2 9. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees. 10. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa and ordinances of the City of Waterloo, which are herein incorporated by reference and made a part of this Contract. 11. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 12. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Janitorial Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR QuertEut 9 arE By: Quentin Hart, Mayor [Name / Title] Attest: xe(y Fe(cfh Kelley Felchle, City Clerk Corporate Secretary / Official. Date: July 18, 2022 Date: 3 EXHIBIT "B" WATERLOO REGIONAL AIRPORT Airline Passenger Terminal Building Floor Layout — First and Second Floors till"