12-13. Sample of Airport Window Cleaning Services Annual Contract Agreement.pdf

CMW 9.15.26

AIRPORT WINDOW CLEANING SERVICES AGREEMENT

THIS AGREEMENT is between the City of Amarillo, Texas a municipal corporation

(CITY) and _____________________________________ (CONTRACTOR).

RECITALS

CITY owns a municipal airport known as Rick Husband Amarillo International

Airport (AIRPORT) located in Potter County, Texas, upon which is situated an Air Terminal

Building and related structures (hereinafter referred to collectively as " FACILITIES").

In consideration of the mutual covenants, promises, and agreements herein contained, CITY and CONTRACTOR hereby covenant and agree with each other as follows:

CONTRACTOR shall furnish all necessary labor, training, supervision, tools, appliances, equipment, supplies, and other accessories for the performance of window cleaning services as specified in 02. Attachment A - Scope of Work attached to this

Agreement and by this reference made a part of this Agreement. All work will be subject to inspection and approval of the CITY'S Director of Aviation or designee. CONTRACTOR in performing these services will act as an independent contractor and neither CONTRACTOR nor its employees, agents, subcontractors, assigns, or successors will under any circumstances be considered employees of CITY. CONTRACTOR when performing services under this Agreement will take all precautions necessary for the safety of and prevention of (i) damage to property and (ii) injury to persons on or adjacent to the work site.

ARTICLE II

TERM

This Agreement shall be for a term of 1year commencing _______________________, 20___ and terminating ______________________, 20___. CITY has the option to extend this Agreement for four additional terms of 1 year each, by providing CONTRACTOR with written notice of its decision to extend the Agreement at least 30 days before the expiration of the initial or any extended term.

ARTICLE III

COMPENSATION

1. CITY and CONTRACTOR agree that a maximum annual amount of $_______.00 will be paid for services described on 02. Attachment A - Scope of Work. Payment to

CONTRACTOR will be made by CITY only upon receipt of written invoices from

CONTRACTOR identifying the units of work satisfactorily completed in accordance with this Agreement the sum(s) specified for the appropriate unit(s) of work.

2. If this Agreement is terminated prior to expiration, final payment will be made to CONTRACTOR only for actual units of work completed and for which

CONTRACTOR has not been compensated. No other payments are authorized.

3. If glass quantities change due to construction, tenant changes, or other reasons, then payment and maximum annual amount will be adjusted proportionally upward or downward according to applicable rates per square footage provided in 02.

Attachment A - Scope of Work

CITY, its employees, or representatives may, upon request, during regular business hours, inspect and copy so much of CONTRACTOR's books and records as pertain to the costs incurred by CONTRACTOR in fulfilling this Agreement. CONTRACTOR agrees to maintain all records related to this Agreement for a period of 4 years after the termination of this Agreement and CITY shall have access to such records during such time.

ARTICLE V

INDEMNIFICATION

CONTRACTOR ASSUMES ALL RISKS INCIDENT TO OR IN CONNECTION WITH ITS

SERVICES TO BE PROVIDED HEREUNDER AND WILL INDEMNIFY, DEFEND, AND SAVE

CITY AND CITY’S OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS

HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS, JUDGMENTS, AND

LIABILITIES, INCLUDING ANY COURT COSTS, ATTORNEYS’ FEES, FINES, PENALTIES, AND

INTEREST, FOR INJURIES OR DEATH TO PERSONS AND FOR PROPERTY DAMAGES OF

EVERY KIND ARISING DIRECTLY OR INDIRECTLY OUT OF CONTRACTOR'S OPERATIONS,

ACTS OR OMISSIONS, NEGLIGENCE, OR GROSS NEGLIGENCE IN PERFORMING THIS

AGREEMENT BY CONTRACTOR OR ITS EMPLOYEES, AGENTS, SUBCONTRACTORS,

ASSIGNS, OR SUCCESSORS.

CONTRACTOR will provide insurance in accordance with CITY's Certificate of

Insurance Requirements, attached hereto as 06. Attachment E – Insurance Example and

Requirements and by this reference made a part hereof. The insurance policies will name

CITY as an additional insured and shall be issued by a company approved by CITY. CITY shall be furnished a certificate to the effect that such insurance shall not be changed or cancelled without 30 days actual prior written notice to CITY. A Certificate of Insurance shall be delivered to CITY Purchasing Department prior to the execution of this Agreement by CITY. CONTRACTOR assumes all liability for its subcontractors.

All work performed by CONTRACTOR shall be done in a workmanlike manner, satisfactory to CITY, as approved by the CITY'S Director of Aviation or designee. CONTRACTOR shall provide adequate supervision to assure competent performance of the work and

CONTRACTOR or his authorized agent will make sufficient on-the-job inspections to ensure that the work is performed as required by this Agreement. CONTRACTOR agrees that all employees will be dressed in clean, neat-appearing uniforms furnished by CONTRACTOR.

After each completed unit of work, CONTRACTOR or an experienced supervisor employed by CONTRACTOR will make a complete inspection tour of the FACILITIES with the

CITY'S Director of Aviation or designee to evaluate CONTRACTOR'S services.

CONTRACTOR, employees, agents, subcontractors, assigns and successors covenant and agree that each of them, jointly and severally, will: (1) comply with all municipal, state, and federal laws, rules, and regulations applicable to the business to be conducted under this Agreement as they now exist or may hereafter be amended, and that CONTRACTOR shall obtain all necessary permits, pay all license fees and taxes to comply therewith. (2)

Abide by all rules and regulations as set forth by the Director of Aviation, now or hereafter in force, including required criminal and Federal Aviation Administration background checks. (3) Any keys and/or identification/access badges assigned to CONTRACTOR will be returned to CITY upon termination of this Agreement. A $100.00 charge will be made for the first offense lost Airport identification badge and a $150.00 charge for any additional lost badges. Prior to performing any services at the AIRPORT, CONTRACTOR will contact the Director of Aviation or designee to arrange for access to the premises. CONTRACTOR will perform its services in such a manner as to avoid inconveniences to AIRPORT patrons and interference with AIRPORT operations.

If deemed appropriate by the Director of Aviation and space is available, some items of CONTRACTOR'S equipment may be authorized for storage at the AIRPORT.

CONTRACTOR agrees to keep these areas neat and clean at all times in accordance with all applicable fire regulations.

1. Either party may terminate this Agreement by giving the non-terminating party 30 days’ written notice of termination.

2. In the event of a breach by CONTRACTOR of any of the terms and conditions of this Agreement or in the event that CONTRACTOR fails to perform the work to the satisfaction of the Director of Aviation or designee, CITY will give CONTRACTOR written notice of the breach or deficiency. CONTRACTOR will have 7 calendar days after receipt of the notice to cure the breach or deficiency. If CONTRACTOR fails to cure the breach or deficiency within the required time to CITY'S satisfaction, CITY will have the right to terminate this Agreement immediately by written notice of termination to

CONTRACTOR.

Not less than the prevailing wage rate in the community must be paid to

CONTRACTOR's employees fulfilling the duties of this Agreement. The parties agree that a statutory wage increase, which may be enacted by the Federal Government or the State of

Texas without prior notice during this Agreement, could cause a mandatory and unexpected increase in CONTRACTOR’S wage costs no considered in 02. Attachment A -

Scope of Work, CITY agrees to reimburse CONTRACTOR for the exact amount of any mandatory wage increase(s). Any such reimbursement of incremental wage increase shall not be counted against the maximum annual amount payable under this Agreement.

No default or waiver by CITY of enforcing any of the terms, conditions, covenants, or agreements hereof to be performed, kept, or observed by CONTRACTOR, shall be construed as a waiver of any subsequent default of any of the terms, covenants, conditions, and agreements herein contained to be performed, kept, or observed by CONTRACTOR and

CITY shall not be estopped from later enforcing any of the terms and conditions of this

Agreement.

ARTICLE XIV

NOTICES

CITY's address for notice under this Agreement is as follows:

Director of Aviation Rick Husband Amarillo International Airport 10801 Airport Boulevard Amarillo, Texas 79111 Fax: 806-335-1672 Email: michael.conner@amarillo.gov CONTRACTOR's address for notice under this Agreement is as follows:

or to such other addresses as the parties may designate to each other in writing from time to time. Any notice given pursuant to this Agreement shall be effective as of the date of receipt by registered or certified mail or the date of sending by fax, or email and mailed, faxed or e-mailed to the address or number stated in this Agreement.

This Agreement will be governed and construed in accordance with the laws of the

State of Texas.

This Agreement contains the entire understanding of the parties in respect to the subject matter of this Agreement and supercedes all written or oral representations, statements, negotiations, or agreements. This Agreement may only be modified by written amendment executed by the authorized representatives of both parties.

ARTICLE XVII

SEVERABILITY

If any term or provision of this Agreement is held to be invalid for any reason, the invalidity of that section shall not affect the validity of any other section of this Agreement, provided that any invalid provision is not material to the overall purpose and operation of this Agreement, and the remaining provision of this Agreement shall continue in full force and effect and shall in no way be affected, impaired, or invalidated.

Neither party shall have the right to assign or transfer their rights and obligations under this Agreement to any third parties without prior written consent of the non-transferring party. No third party will be a beneficiary under this Agreement.

IN WITNESS WHEREOF the parties have caused this Agreement to be executed as of date of the last of the parties to sign.

CITY OF AMARILLO, TEXAS (CITY) ________________________________________________(CONTRACTOR)

By: By: __ Grayson path, City Manager Name: _______________________________________

Title: _________________________________________

Date: _______________________ Date: ________________________

ATTEST

By: _____________________________________ Stephanie Coggins, City Secretary

APPROVED AS TO FORM:

By: _______________________________________ City Attorney’s Office

RESPONSIBLE CITY DEPARTMENT

By: _____________________________ Aviation Director

Attachments:

02. Attachment A - Scope of Work - Airport Window Cleaning Services Annual Contract

06. Attachment E - Insurance Example and Requirements

02. Attachment A - Scope Of Work - Airport Window Cleaning Services Annual Contract

AIRPORT WINDOW CLEANING ANNUAL CONTRACT SCOPE OF WORK

Below documents include:

Related Drawings Window tint care instructions Airport Window Washing Specifications

PARKING GARAGE

LEVEL ONE

PARKING GARAGE

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LANDSIDE

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ARRIVALS AND DEPARTURES LEVEL

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Avery Dennison Solar Films® Maintenance Recommendations

After Installation

Your window film was applied using a special solution of detergent and water, followed by squeegeing to remove the excess water.

However, the drying process is still continuing, and it will take several days or weeks to complete, depending on local weather conditions. In the meantime, the window may appear a bit foggy, it is no cause for alarm. If local bubbles appear, do not to try to remove them by popping or pressing them. In time, the adhesive will complete its bonding process, and the moisture will disappear, leaving the windows perfectly clear. If after several weeks, the window still appears foggy, please contact your installation company.

Removal of window film

Although all Avery Dennison Films have excellent scratch resistance, it is preferable not to use abrasive products. Use soapy water or an alcohol based cleaner with a soft cloth.

Caution!

Please don’t clean your windows for 30 days

Use fresh, soft material to wash and dry the window film surface.

Don’t use harsh Ammonia based cleaners! Wash the window with mild solutions of liquid detergent and water.

Use of a vapor cleaner is not recommended.

Please keep these instructions handy, and show them to your window cleaner.

Your window film professional:

06. Attachment E - Insurance Example and Requirements

INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT

NAME:

FAXPHONE

(A/C, No):(A/C, No, Ext):

E-MAIL

ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP

TYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE

INSURER(S) AFFORDING COVERAGE NAIC #

Y / N

N / A (Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?

EACH OCCURRENCE $

DAMAGE TO RENTED

$PREMISES (Ea occurrence)CLAIMS-MADE OCCUR

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:

PRODUCTS - COMP/OP AGG $

PRO-

OTHER:

LOCJECT

COMBINED SINGLE LIMIT

$(Ea accident)

BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

AUTOS ONLY

HIRED PROPERTY DAMAGE $

AUTOS ONLY (Per accident)

OCCUR EACH OCCURRENCE $

CLAIMS-MADE AGGREGATE $

DED RETENTION $ $

PER OTH-

STATUTE ER

E.L. EACH ACCIDENT $

E.L. DISEASE - EA EMPLOYEE $

If yes, describe under

E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below

POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

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.

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 any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION

© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

ACORDTM CERTIFICATE OF LIABILITY INSURANCE

A X X

A

X X

B

N

1,000,000 1,000,000

01/01/2026

Agency Contact Name 999-999-9999

Agency Contact Email

ABC Insurance Company

DEF Insurance Company

99999 99999

Insurance Agency Company 12345 Street City, State 99999

(999) 999-9999

Insured Name Address City, State 99999

123456567 01/01/2026 01/01/2027 1,000,000

123456567 01/01/2026 01/01/2027 1,000,000 500,000 5,000 1,000,000 1,000,000 1,000,000

123485678 01/01/2026 01/01/2027 X 1,000,000

City of Amarillo Attn: Purchasing Dept.

623 S. Johnson St.

Amarillo, TX 79101

SAMPLE

Lily.Cambric Typewritten text X

Lily.Cambric Typewritten text X

Lily.Cambric Typewritten text Certificate Holder is named as Additional Insured as respects to the Auto & General Liability policies.

Waiver of Subrogation applies in favor of City of Amarillo applies to Workers Compensation policy for all work performed on behalf of the City.

Lily.Cambric Typewritten text Agency Signature

REQUIRED WORKERS’ COMPENSATION

COVERAGE

The law requires that each person working on this site or providing services related to this construction project must be covered by workers’ compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other services related to the project, regardless of the identity of their employer or status as an employee.

Call the Division of Workers’ Compensation at 1-800-252-7031 or access the division’s website at www.tdi.texas.gov/wc/indexwc.html to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer’s failure to provide coverage.

Notice 8 (Rev. 12/15) TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION Rule 110.110 http://www.tdi.texas.gov/wc/indexwc.html

TO THE EMPLOYER/CONTRACTOR:

Pursuant to Workers’ Compensation Rule 110.110 (d)(7), a contractor engaged in a building or construction project for a government entity is required to post a notice on each project site informing all persons providing services on the project that they are required to be covered by workers’ compensation insurance. The notice required by this does not satisfy other posting requirements imposed by the Texas Workers’ Compensation Act or other Workers’ Compensation Rules. This notice must:

(1) be posted in English, Spanish and any other language common to the employer’s employee population;

(2) be displayed on each project site;

(3) state how a person may verify current coverage and report failure to provide coverage;

(4) be printed with a title in at least 30-point bold type and text in at least 19-point normal type; and

(5) contain the exact words as prescribed in Rule 110.110 (d)(7).

The notice on the reverse side meets the above requirements. Failure to post the notice as required by this rule is a violation of the Act and Workers’ Compensation Rules. The violator may be subject to administrative penalties.

Notice 8 (Rev. 12/15) TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION Rule 110.110

COBERTURA REQUERIDA DE COMPENSACIÓN

PARA TRABAJADORES

La ley requiere que cada persona que trabaja en este lugar o que proporciona servicios relacionados con este proyecto de construcción debe estar cubierta por un seguro de compensación para trabajadores. Esto incluye a personas que proporcionan, transportan, o entregan equipo o materiales, o que proporcionan mano de obra, transporte u otros servicios relacionados con este proyecto, sin importar la identidad del empleador o el estado como empleado.

Llame a la División de Compensación para Trabajadores (Division of Workers’ Compensation, por su nombre en inglés) al 1-800-252-7031 o visite el sitio Web de la División en www.tdi.texas.gov/wc/indexwc.html para recibir información referente al requisito legal de cobertura, así como para verificar si su empleador ha proporcionado la cobertura requerida, o para reportar a un empleador que no proporciona cobertura.

Notice 8S (Rev. 12/15) TEXAS DEPARTMENT OF INSURANCE, DIVISIONOF WORKERS’ COMPENSATION Rule 110.110 http://www.tdi.texas.gov/wc/indexwc.html

AL EMPLEADOR/CONTRATISTA:

Según lo dispuesto en el Reglamento de Compensación para Trabajadores 110.110 (d)(7), es requerido que un contratista que esté involucrado en el proyecto de construcción de un edificio de entidad gubernamental muestre este aviso en cada lugar donde se lleva a cabo el proyecto para informarles a todas las personas que proporcionan servicios en el proyecto, que es requerido que se les proporcione un seguro de compensación para trabajadores. El aviso presentado aquí no satisface los requisitos para poner a la vista otros avisos que han sido impuestos por la Ley de Compensación para Trabajadores de Texas u otros Reglamentos de Compensación para Trabajadores. Este aviso debe:

(1) ser puesto a la vista en inglés, español y cualquier otro idioma común para la población de los empleados del empleador

(2) ser mostrado en cada sitio del proyecto

(3) indicar cómo una persona puede verificar la cobertura actual y cómo se puede reportar en caso de que no se proporcione una cobertura

(4) ser impreso con un título en letras de por lo menos un tamaño de 30 puntos en letra negrita, y el texto en por lo menos un tamaño de 19 puntos tipo normal; y

(5) contener las palabras exactas tal como se ha señalado en el Reglamento

110.110 (d)(7).

El aviso que se muestra al reverso de esta página cumple con los requisitos señalados en la parte de arriba. El negarse a mostrar o proporcionar esta información, según lo requerido por este reglamento es una violación a la Ley de Compensación para Trabajadores de Texas y a los Reglamentos. El infractor puede estar sujeto a recibir multas administrativas.

Notice 8S (Rev. 12/15) TEXAS DEPARTMENT OF INSURANCE, DIVISIONOF WORKERS’ COMPENSATION Rule 110.110