INVITATION TO BID TO: PROSPECTIVE HOUSEKEEPING … Housekeeping Janitorial Services.pdf · TO:...

INVITATION TO BID TO: PROSPECTIVE HOUSEKEEPING CONTRACTOR

BIDDERS RE: Housekeeping / Janitorial Services DATE: August 27, 2013 BID DUE DATE: September 30, 2013 2:30pm Central Time Corpus Christi Retail Venture, L.P. will be accepting bids for the above referenced project. We ask that you include all associated fees and taxes with your bid. If applicable, prior to reviewing the drawings and submitting a proposal, ALL POTENTIAL BIDDERS MUST REGISTER AS A “RESPONSIBLE CONTRACTOR” with the owner, Institutional Mall Investors, LLC. Please visit www.imi-rcp.com and select “Register as a Responsible Contractor” link. Once registered you may log-in and download the bidding documents. No bids will be accepted from a contractor that has not completed this process. Bid Documents (hard copy) are available for review at: La Palmera Management Office, 5488 S Padre Island Dr. Ste. 2000 Corpus Christi, TX 78411 Monday – Friday 9am – 4pm Bid Documents may also be found at www.lptenants.com under Bid Opportunities tab. Questions about the Bid Documents or site visitations should be addressed to: Linda Irigoyen Executive Assistant – La Palmera 361-986-7902 [email protected] After a thorough and comparative analysis of each bid received prior to the bid opening, contracts will be awarded to the lowest qualified bidder. Please indicate your interest in bidding this project by completing & returning this invitation to Bid via Fax to La Palmera (Fax 361-993-5631). Yes ____ No ____ ____________________________________________ Contact Name Phone: _______________ ____________________________________________ Company Name Fax: _________________ ____________________________________________ Email Address

August 27, 2013

To: Prospective Housekeeping/ Janitorial Service Providers

From: Amanda Sanchez – Assistant General Manager

RE: Request for Proposal

The purpose of this document is to request proposals for Housekeeping/ Janitorial Services at La Palmera. Providers that receive this RFP who can provide the services requested are invited to respond with a proposal. Details and specifications contained in your RFP combine with any site visits that are deemed to be appropriate should be used in your final proposal. Suggested or projected details and specifications should not be used.

Bid Documents include:

• Invitation to Bid • Request for Proposal • La Palmera Mall Services Contract • Required RCP Certification pages • Contractor Insurance Requirements • Non – discrimination Clause • Specifications • Site Map

Bids will be accepted until Noon on September 30, 2013. Any bids received after that time will not be considered.

The contract is from January 01, 2014 through December 31, 2014 with payment being in 12 equal payments. All questions should be directed to Amanda Sanchez at 361.986.7911 or email [email protected].

About La Palmera: Located in Corpus Christi, Texas, La Palmera is super‐regional mall with more than 100 retail and restaurant tenants. La Palmera is the first mall to be awarded LEED® Silver for Core and Shell 2.0 established by the U.S. Green Building Council (USGBC). Following a $50 million renovation, the mall features a new outdoor main entrance, 600‐seat food court with a 4,500‐gallon feature aquarium and a children’s ocean‐themed play area.

La Palmera:

• 997,340 total square foot of retail and restaurants • 4,703 convenient parking spaces in multi‐level structured facilities and surface lots • (Site Plan attached)

Proposal Details & Requirements:

• All bids must be clearly marked with service(s) provided (IE: Waste Removal) • All bids must be received no later than 2:30pm on 09/23/13 at:

Amanda Sanchez 5488 S. Padre Island Dr. Ste. 2000 Corpus Christi, TX 78412

• All proposals must be for a one year period • All proposals must allow flexibility for start‐up between 01/01/2014 & 01/15/2014 • All proposals must include acknowledgement that Owner’s Service Contract will be used to

execute selected proposal terms (copy attached) • All proposals must be submitted in a sealed package or envelope • Hard copies must be submitted by deadline – electronic copies may be sent but do not replace

hard copy requirement • All contractors’s submitting proposals are required to register as a Responsible Contractor via

www.imi‐rcp.com. Instructions on how to do this are included in the Request for Proposal. In addition, Contractors should read the Neutrality Trial Contractor Program Policy attached. The completed neutrality Certification forms MUST be returned with the proposal in order for the bid to be considered.

• For insurance requirements see Exhibit C

Each Proposal must include the following:

• Company History and Organization • Management Approach • Personnel Selection Process • Development and Retention of Personnel • Cost Proposal and Invoicing • Training Programs

• Value Added Features • Insurance • Benefits Program • Employee Recognition Programs • Start Up Plan • References • Signed Neutrality Certification

• Any suggestions and/or creative approaches must be done as an addendum to proposal • Proposal should reflect a responsible ecological commitment

Process for Completion of Proposals:

• All questions should be directed to: o Linda Irigoyen o Phone: 361.986.7902 o Email is preferred communication method: [email protected]

• All questions must be submitted by 8/31/2013 • All site visits should be coordinated through Linda Irigoyen • No on‐site employees may be contacted under any circumstances • There will be no prospective vendor information meeting / call • All expenses in preparing proposal are at vendor’s risk

Evaluation Process:

• Final evaluation and selection is proprietary and at sole discretion of management. • The following issues will be considered:

o Demonstration of full understanding of the scope of work o Administrative compliance with requirements o Registration and compliance with Responsible Contractor requirements o Demonstration of ability to meet technical requirements o Demonstration of existing system to support project o Price o References supplied

1

REQUEST FOR PROPOSALS FOR HOUSEKEEPING/ JANITORIAL SERVICES

Corpus Christi Retail Venture, L.P.

La Palmera

Housekeeping / Janitorial Services

SUBMITTAL DUE DATE: September 30, 2013 by 2:30pm

2

Section 1 - General Information & Requirements 1.1 General Information 1.2 Type of Contract 1.3 Submission of Proposals 1.4 Point-Of-Contact 1.5 Evaluation of Proposal 1.6 Owner’s Reservation of Rights 1.7 Acceptance of Evaluation Methodology 1.8 No Reimbursement for Costs 1.9 Project Planning Schedule 1.10 Owner’s Special Conditions

Section 2 - Requirements for Proposal 2.1 Respondent’s Statement of Qualifications 2.2 Respondent’s Pricing and Delivery Proposal

Section 3 - Format for Proposals 3.1 General Instructions 3.2 Execution of Offer

Exhibits Exhibit A – La Palmera Services Contract Exhibit B - CalPERS Statement of Investment Policy for Responsible Contractor Program (if applicable) Exhibit C - Minimum Insurance Requirements – Construction Projects (Trademark standard unless Financial Partner’s is more stringent) Exhibit D – Non-Discrimination Clause Exhibit E – Specifications

3

SECTION 1 – GENERAL INFORMATION & REQUIREMENTS 1.1 GENERAL INFORMATION Corpus Christi Retail Venture, L.P. is selecting a General Contractor for Housekeeping / Janitorial Services in accordance with the terms, conditions, and requirements set forth in this Request for Proposal. The Owner is soliciting RFPs from qualified Respondents. The RFP provides the information necessary to prepare and submit Proposals including fee proposals and general conditions prices. The Owner will rank the Proposals in the order that they provide the “best value” for the Owner based on the evaluation criteria. Respondents shall consider only those clarifications and interpretations that the Owner issues by addenda prior to the submittal deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner and should not be relied on in preparing Qualifications.

1.2 TYPE OF CONTRACT

Any contract resulting from this solicitation will be in the form of the La Palmera Service Contract, which is attached as Exhibit A- Service Contract. Respondent agrees that submittal of Proposal indicates acceptance of all terms and conditions set forth in Exhibit A unless otherwise noted in the RFP response. 1.3 SUBMISSION OF PROPOSALS The Owner will receive Proposals at the time and location described below: September 30, 2013 Corpus Christi Retail Venture, L.P. Attn: Amanda Sanchez 5488 S Padre Island Dr., Ste. 2000 Corpus Christi, TX 78411 [email protected]

• Submit hard copy and email copy (in PDF format. File size not to exceed 9MB) of the Proposals. • Late received Proposals will disqualify the Respondent from the evaluation process. • The Owner will not acknowledge or receive Proposals that are delivered by telephone or fax. • Properly submitted Proposals will not be returned to Respondents. • Proposal materials must be enclosed in a sealed envelope (box or container) addressed as stated

above; the package must clearly identify the submittal deadline, the Project Name, and the name and return address of the Respondent.

1.4 POINT-OF-CONTACT

The Owner designates the following person, as its representative and Point-of-Contact for this RFP. Any questions or concerns regarding this Request for Proposal shall be directed in writing via e-mail or fax prior to September 30, 2013. All Owner responses will be shared via posted addenda. All questions must be sent to: Linda Irigoyen, [email protected], 361-991-3755. To schedule a walk with Amanda Sanchez, Assistant General Manager, contact Linda Irigoyen at 361-991-3755 or [email protected]; all meetings will be scheduled through Linda. . .

4

1.5 EVALUATION OF PROPOSALS The evaluation of the Proposals shall be based on the submitted Proposal response to the actual criteria in Section 2, including the Pricing and Delivery Proposal Form. All properly submitted Proposals will be reviewed, evaluated, and ranked by the Owner.

1.6 OWNER’S RESERVATION OF RIGHTS The Owner may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re-solicit for new Proposals, or to reject any and all Proposals and temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any Respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

1.7 ACCEPTANCE OF EVALUATION METHODOLOGY By submitting its Proposal in response to this RFP, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” firm will require subjective judgments by the Owner.

1.8 NO REIMBURSEMENT FOR COSTS Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this RFP shall be at the sole risk and responsibility of the Respondent. 1.9 PROJECT PLANNING SCHEDULE

Key project planning schedule milestones are:

Owner receives Request for Proposals: September 30, 2013 12:00pm Owner review of proposals and qualifications: September 30, 2013 – October 31, 2013 Owner Contractor selection: November 01, 2013 Contract begin date: January 01, 2014 Conclusion of contract: December 31, 2014

1.10 OWNER’S SPECIAL CONDITIONS

1. If applicable, all bidders must self-certify that they meet the requirements of the CalPERS Neutrality Trail Responsible Contractor Program. Before submitting a proposal you must be pre-qualified by filling out the (3) three page Appendix 1 of the Responsible Contractor Policy (Exhibit B). You must submit these completed forms with your proposal. If the forms are not submitted with your bid, it will disqualify you from the process.

2. This project has various interested parties that should be named additional insureds on

all insurance certificates prior to the start of work. The following entities should be listed on all required insurance certificates:

• Corpus Christi Retail Venture LP • IMI South Texas LLC • Trademark Padre, L.P. • Institutional Mall Investors LLC • Trademark Property Company

5

• TP Genpar, LLC • IMI LLC • Miller Capital Advisory, Inc. • California Public Employees Retirement System (CalPERS) • MCA Mall Investors LLC • Trademark Management, LTD • Landlord’s Mortagee

3. Insurance Requirements (see Exhibit C)

SECTION 2 – REQUIREMENTS FOR PROPOSAL

Respondents shall carefully read the information contained in the following criteria and submit a complete response to all questions in Section 2 formatted as directed in Section 3. Incomplete responses will be considered non-responsive.

2.1 RESPONDENT’S STATEMENT OF QUALIFICATIONS

Provide a statement of interest for the Project including a narrative describing the Respondent’s unique qualifications as they pertain to this particular Project. Provide a statement on the availability and commitment of the Respondent, its principal(s) and assigned professionals to undertake the Project.

SECTION 3 – FORMAT OF PROPOSALS 3.1 GENERAL INSTRUCTIONS Proposals shall be prepared simply and economically, providing a straightforward and concise description of the Respondent's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs. Proposals shall be by unit pricing. Proposals shall be a MAXIMUM OF 15 PRINTED PAGES. Respondents shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete Proposals will be considered non-responsive and subject to rejection. Proposals and any other information submitted by Respondents in response to this RFP shall become the property of the Owner. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to rejection by the Owner, at its option. The Owner makes no representations of any kind that an award will be made as a result of this RFP. The Owner reserves the right to accept or reject any or all Proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP when deemed to be in Owner's best interest.

6

Failure to comply with all requirements contained in this Request for Proposal may result in the rejection of the Proposal.

3.2 EXECUTION OF OFFER NOTE TO RESPONDENTS: SUBMIT THIS ENTIRE THREE (3) PAGE SECTION WITH RESPONSE. THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE RESPONDENT’S QUALIFICATIONS AND PROPOSAL. FAILURE TO COMPLETE , SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE QUALIFICATIONS MAY RESULT IN REJECTION OF THE QUALIFICAITONS. SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED QUALIFICATIONS OR ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT FROM THE SUBMISSION OF RESPONDENT’S QUALIFICATIONS AND PROPOSAL, AND THE RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT OWNER’S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT. By signature hereon, Respondent acknowledges and agrees that (1) this RFP is a solicitation for Qualifications and Proposal; it is not a contract or offer to contract; (2) the submission of Qualifications by Respondent in response to this RFP will not create a contract between the Owner and Respondent; (3) the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this RFP; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent’s preparation of a response to this RFP. By signature hereon, Respondent offers and agrees to furnish to the Owner the products and/or services more particularly described in its Proposal, and to comply with all terms, conditions and requirements set forth in the RFP documents and contained herein. By signature hereon, Respondent affirms that it has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to owner’s representative in connection with the submitted Proposal. By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or Owner represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state or the Federal antitrust laws, no communicated directly or indirectly the Proposal made to any competitor or any other person engaged in such a line of business. By signature hereon, Respondent represents and warrants that; Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirement of the RFP; Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the term, conditions and requirements of the RFP; Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances; Respondent understands the requirements and specifications set forth in this RFP;

7

All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. Respondent acknowledges that the Owner will rely on such statements, information and representations in selecting the successful Respondent. If selected by the Owner as the successful Respondent, Respondent will notify the Owner immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information. By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this RFP. Respondent represents and warrants that all articles and services quoted in response to this RFP meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law and its regulations in effect or proposed as of the date of this solicitation. By signature hereon, Respondent signifies its compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action. By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the owner, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent’s Proposal.

8

Execution of Offer: The Respondent must complete, sign and return this Execution of Offer as part of their submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject he submittal to disqualification. Respondent’s Name: _____________________________________________________________________ Respondent’s State of Texas Tax Account No: _________________________________________________ Respondent’s FEI No: _____________________________________________________________________ If a Corporation: __________________________________________________________________________ Respondent’s State of Incorporation: __________________________________________________________ Respondent’s Charter No: __________________________________________________________________ Best Rating: _________________________ Safety Rating: ________________________________ Is respondent recognized as a DBE (Disadvantaged Business Enterprise)? Yes _____ No _____ Identify each person who owns at least 25% of the Respondent’s business entity by name: ____________________________________________ (Name) ____________________________________________ (Name) ____________________________________________ (Name) ____________________________________________ (Name) Submitted and Certified by: ____________________________________________ _________________________ (Respondent’s Name) (Title) ____________________________________________ _________________________ (Street Address) (Telephone Number) ____________________________________________ _________________________ (City, State, Zip Code) (Fax Number) ____________________________________________ _________________________ (Authorized Signature) (Date)

LA PALMERA MALL

SERVICES CONTRACT

Parties: The parties to this “Services Contract” (“Contract”) are:

(i) Corpus Christi Retail Ventures, L.P. (“Owner”); and (ii) ___________________________ (“Contractor”).

Premise:

A. Corpus Christi Retail Ventures, L.P. (“Owner”) is a Delaware limited partnership which has qualified to do business in Texas. The general partner of Owner is Trademark Padre, L.P., a Texas limited partnership (“Trademark”). The general partner of Trademark is TP Genpar, LLC, a Texas limited liability company (“Genpar”). Owner owns and holds legal title to that certain real property located in Corpus Christi, Nueces County, Texas bounded on the south by South Padre Island Drive, bounded by the east by South Staples Street and bounded on the north by McArdle Road and known as “La Palmera Mall” (the “Property”).

B. For the proper maintenance and operation of the Property, Owner

requires services of the type provided by Contractor.

C. Contractor has represented to Owner that Contractor is fully experienced in providing, and has all necessary know-how, personnel, equipment and supplies required to perform and provide, the services covered by this contract and described on Schedule A.

D. Indemnified Parties: For purposes of this Contract, “Indemnified

Parties” shall mean and include Owner, Trademark and Genpar, as identified in Premise A above and each and all of their respective partners, members, managers, officers, agents and employees.

Agreement: In consideration of the mutual promises and covenants herein expressed including the agreement of Owner to make payments to Contractor as herein provided, the Parties agree as follows:

1. Services. Contractor will timely provide to Owner at, and for the benefit of, the Property the services described on Schedule A (the “Services”) in a good and workmanlike manner consistent with prevailing practices in the industry and suitable to, and consistent with, the high quality standards of Owner and the Property and with the provisions of this Contract.

2. Payment. Upon performance of Services, Owner will pay to Contractor

sums determined as to amount, and at the times, as specified in Schedule B attached hereto.

SAMPLE

Contractor Acceptance ____________

EXHIBIT A

2 360329/261.01/CWT/826

3. Term. This Contract is for a Primary Term of 12 months, beginning on

June 21, 2012; and it shall continue after the end of the Primary Term from month-to-month until the earlier of (i) delivery of written notice of cancellation by one party to the other or (ii) the beginning of the term of a new Contract evidenced by a writing signed by both parties.

4. Termination.

A. For Cause: If either Party shall fail timely and properly to perform

this Contract or otherwise shall breach this Contract, the other Party may terminate this Contract “for cause” by delivering written notice of termination specifying the breach or failure of the breaching party; except, however, if the alleged breach is a failure of Owner to pay any sum due hereunder Contractor shall not terminate this Contract unless Owner shall have failed to pay the sum due within ten (10) days after Owner shall have received written notice from Contractor of the alleged failure to pay specifying the sum due and the basis for such payment.

B. Without Cause: Either Party may terminate this Contract without

cause by giving written notice of termination to the other Party not less than thirty (30) days prior to the specified effective date of such termination.

C. Upon any termination (i) all unearned and unaccrued rights and

benefits of each Party shall terminate; (ii) each party shall promptly (in not more than thirty (30) days) pay to the other Party the sums theretofore earned and accrued; and (iii) Contractor shall promptly remove all of its personal property from the Property and return to Owner any and all keys, access cards and codes.

5. Independent Contractor. Contractor shall be an Independent Contractor

in performing Services hereunder. Owner is interested only in the results obtained and Contractor shall be solely responsible for the manner of performance to obtain the agreed results. Neither Party is an agent, servant or employee of the other Party. Neither party shall have any authority to act in the name of, or in any way to bind, the other party. Contractor is solely responsible for all payments due or to become due to its employees or materials suppliers, including the withholding of appropriate taxes and the compliance with any and all workers’ compensation laws or similar employer obligations or requirements with respect to its employees; and Contractor hereby indemnifies, defends and saves harmless Indemnified Parties against any and all liability therefore including, without limitation, court costs and reasonable attorney’s fees.


3 360329/261.01/CWT/826

6. Standards Of Contractor’s Performance

A. Personnel: Contractor shall: - Provide an appropriate number of employees timely and properly to provide the Services.

- Train and supervise all of Contractor’s employees as necessary to assure efficient performance of the Services in accord with Owner’s standards.

- Require and assure that all Contractor employees working on the Property are neatly, properly and clearly attired, wearing visible and legible identification identifying them as Contractor’s personnel, and that they behave in a courteous and considerate manner to Owner, Owner’s tenants and their customers.

- Comply with, and be responsible to assure that all of Contractor’s employees comply with, all applicable local, state and federal governmental laws, rules and regulations in performing Services and while on the Property.

- Comply with, and be responsible to assure that all of Contractor’s employees comply with all rules and regulations from time to time published by Owner and furnished to Contractor.

- Be responsible to assure that no person who is employed directly or indirectly by Contractor and who is under the influence of alcohol or any illegal drug or in an impaired condition by reason of prescription drugs, or who is in possession of any such substance, shall come upon the Property. Further, Contractor shall cause any person directly or indirectly employed by Contractor to perform services on the Property to submit (upon Owner’s request) to unannounced search of such person’s vehicle, clothing and person and to testing for use of drugs and alcohol. Contractor will cause any such person permanently to be removed from, and barred from, the Property who is found to be under the influence of or in possession of drugs or alcohol on the Property, or who shall fail or refuse to cooperate with and submit to such testing or search.

B. Equipment: Contractor shall (at no additional cost to Owner) furnish all equipment needed for performance of the Services. All such equipment shall be properly maintained and shall be operated only in a manner in strict compliance with all safety rules and standards applicable thereto whether published by the manufacturer, dealer, a governmental agency or recognized best practices.


4 360329/261.01/CWT/826

C. Supplies: Contractor shall (at no additional cost to Owner) furnish all supplies and materials needed for performance of the Services. All such supplies and materials shall be new, first quality and used only in compliance with all health and safety rules, regulations and standards applicable thereto whether published by the manufacturer, supplier, a governmental agency or recognized best practices.

D. Hazardous Substances: Contractor will not, without Owner’s prior written consent, bring or use on the Property any Hazardous Substance. For purposes hereof “Hazardous Substance” means anything that (i) is or contains a substance designated as a hazardous waste, hazardous substance, hazardous material, pollutant, contaminant or toxic substance under any federal, state or local environmental law or regulation; (ii) is toxic, reactive, corrosive, ignitable, infectious or otherwise hazardous; or (iii) without limiting the foregoing, is or contains, petroleum hydrocarbons.

7. Indemnity Agreement, including Obligation to Indemnify against Owner’s own Negligence:

A. To the maximum extent permitted by law, Contractor agrees to defend, indemnify, and hold Indemnified Parties harmless of and from any and all liability, claims, or demands arising from or claimed to arise from Contractor’s work under this Agreement and to defend them against any such claims.

B. THIS AGREEMENT TO INDEMNIFY SPECIFICALLY EXTENDS

TO AND INCLUDES INDEMNITY FOR LOSSES CAUSED BY THE NEGLIGENCE OF INDEMNIFIED PARTIES ARISING FROM OR RELATED TO CONTRACTOR’S WORK.

C. Contractor shall immediately notify Owner and Contractor’s

insurance carrier of all circumstances that do, or may, give rise to any claim within this indemnity agreement. Contractor’s indemnity obligation specifically includes the defense of claims against Indemnified Parties and all expenses and costs, including attorney’s fees, fees of experts and consultants, pre-judgment and post-judgment interest awarded, and all litigation expenses related to the defense of Indemnified Parties. Indemnified Parties shall have the right to approve the attorneys hired by Contractor to defend them. If Contractor fails to hire counsel approved by Indemnified Parties, then Indemnified Parties may hire attorneys to defend them and Contractor agrees to pay the fees of these attorneys as well as other fees and expenses described above.


5 360329/261.01/CWT/826

D. Contractor shall, at its own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all costs and expenses of any kind, including reasonable attorney’s fees and court costs, arising from such liabilities, losses, claims, demands, and actions and the investigation, defense, settlement or other disposition thereof.

8. Insurance:

A. Contractor shall, at all times during the term of this Contract, maintain in force policies of insurance providing the coverage listed on Schedule C attached hereto, naming Owner and all Indemnified Parties (as identified above) as insured parties. Prior to going upon the Property, Contractor shall provide to Owner copies of all such policies. Each such policy shall (1) name Owner as an additional insured by schedule or endorsement providing coverage for Owner of claims arising from Contractor’s work and not limited to Contractor’s ongoing operations, and (2) provide that there will be no cancellation, non- renewal, or reduction of coverage without thirty (30) days prior written notice as notice to Owner. All applicable policies that provide for subrogation against Owner must waive that right of subrogation. Before commencement of any performance under this Agreement, Contractor will deliver to Owner a certificate from the company issuing each insurance policy warranting the required coverages, limits and waiver of subrogation. Each such insurance policy shall be issued by an insurance company satisfactory to Owner and holding a current Best’s rating of A- or better. Each required certificate shall state the existence of any deductible, retention, or self-insurance amount. Owner may require Contractor to deliver a sworn statement showing that Contractor has and will maintain sufficient net worth to satisfy Owner of Contractor’s ability to pay and deductible, retention, or self-insurance amount.

9. Compliance with California Public Employees’ Retirement System: Contractor shall comply with the California Public Employees’ Retirement System Statement of Investment Policy for Neutrality Trial Responsible Contractor Program (a copy of which has been furnished to Contractor), receipt of which Contractor hereby acknowledges. Contractor will comply with the terms of such policy including timely filing with Owner the Contractor Self Certification forms. See attached copy.

10. Nondiscrimination: During the performance of this Agreement, Contractor

and any permitted subcontractors shall not deny the benefit of this Agreement to any person on the basis of religion, color, ethnic group identification, sex, age, or physical or mental disability, nor shall they


6 360329/261.01/CWT/826

discriminate unlawfully against any employee or applicant for employment because of race, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. Contractor shall endure that the evaluation and treatment of employees and applicants for employment are free from such discrimination. Contractor and any permitted subcontractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

11. Condition of Premises: Contractor affirms and represents that it has

inspected all of the Property on which Contractor’s work will be performed and that (1) there is no latent or other condition of the premises that will preclude Contractor from carrying out his work, and (2) there is no defect in the premises that poses an unreasonable risk of harm to Contractor’s employees.

12. Entirety: This writing (including the attached Schedules) is the entire Contract of the Parties related to the Services and supersedes or incorporates all prior negotiations, agreements and discussions.

13. Assignment; Subcontracting: Contractor will not assign this Contract or sub-contract any part of the work to be performed hereunder, or otherwise cause any third party to come upon the Property, without first (i) obtaining the prior written approval of Owner and (ii) assuring insurance coverage of such third party complying with this Contract.

14. Assignment by Owner: Owner may assign this Contract and any part of its rights hereunder to any successor as Owner or tenant of any part of the Property; and if such assignee shall assume Owner’s obligations hereunder, Owner shall thereby be relieved of further obligations hereunder.

15. Notice: Any notice required or permitted to be given in respect of this Contract shall be deemed to have been properly given if, and only if, it shall have been given: - in writing; and

- delivered by prepaid U.S. mail, overnight courier service, electronic facsimile transmission or e-mail, in such manner as to obtain proof of delivery to the party to whom addressed at its address shown below:

To Owner as named above at: 5488 South Padre Island Drive Management Offices Attn: Amanda Sanchez Corpus Christi, Texas 78411 Facsimile: (361) 993-5631 E-mail: [email protected]

7 360329/261.01/CWT/826

To Contractor as named above: Contractor Name Attn: Name Address City State Phone: E-mail:

Signed, delivered and agreed to be performed in Nueces County, Texas on , 20 .

SIGNATURES

“OWNER” Corpus Christi Retail Venture, LP By: Trademark Padre, LP (its general partner) By: TP Genpar, LLC (its general partner) By: Authorized Representative “CONTRACTOR” (Name) By: Authorized Representative


8 360329/261.01/CWT/826

LA PALMERA MALL

SERVICES CONTRACT

SCHEDULE A

Description of Services see Exhibit E (Contract Duties) from RFP (attached)

Services: General Description: Housekeeping / Janitorial Service per Specifications, Exhibit E. Personnel: Contractor will, solely at Contractor’s cost and expense, provide all employees of Contractor needed to perform the Services. All personnel must always act in a professional manner and be dressed in uniform. Employees with visible tattoos may wear same uniform shirt but in long sleeve. Uniform to be as follows:

• Housekeeping Manager- plain clothes (business class) • Supervisor(s)- black polo shirt with white embroidered La Palmera Logo and khaki pants

(no jeans) • All other staff- black polo shirt with white embroidered La Palmera Logo and black pants

(no jeans). Note: If caps allowed they must be black with white embroidered La Palmera Logo only. Equipment: Contractor will, solely at Contractor’s cost and expense, provide all equipment needed to perform the Services. Supplies and Materials: Contractor will, solely at Contractor’s cost and expense, provide all supplies and materials needed in performing the services. Trash liners and paper products only are to be billed back at cost to Owner.

9 360329/261.01/CWT/826

LA PALMERA MALL

SERVICES CONTRACT

SCHEDULE B

Payments to be Made

Amounts: For Contractor’s performance of Services under this Contract, Owner will pay to Contractor by check drawn on Owner’s bank sums as follows: $ (plus tax) Time of Payments: Such sums shall be paid at the following times: Payment will be made monthly. Documentation: Each request for payment by Contractor shall be accompanied by supporting documentation for expenses. No other sums shall be owed or paid by Owner to Contractor unless specifically agreed by a writing signed by Owner.


10 360329/261.01/CWT/826

LA PALMERA MALL

SERVICES CONTRACT

SCHEDULE C

Insurance Coverage

Minimum Insurance Requirements: All Contractors shall:

• Carry the insurance listed below with insurance companies acceptable to Landlord; and

• Furnish Certificates of Insurance to Landlord evidencing required coverages and listing all required additional insureds at least ten (10) business days prior to entry in the Shopping Center, and Renewal Certificates at least thirty (30) days prior to the expiration dates of Certificates previously furnished.

Certificates of Insurance must provide for at least thirty (30) days prior written notice of cancellation or material change (or at least 10 days for non-payment of premium) to Corpus Christi Retail Venture, LP c/o La Palmera, Attn: Amanda Sanchez, 5488 S Padre Island Dr. Corpus Christi, TX 78411.

1. Rating. Certificates of Insurance will be accepted only from insurance companies authorized to do business in the state in which the Shopping Center is located and having an “A X” rating or better per A.M. Best Company’s insurance reports.

2. Type of Insurance Coverage.

Builder’s Risk or Installation Floater. Contractor shall provide “All Risk” or “special form” Builder’s Risk insurance or Installation Floater in an amount equal to the replacement cost of the improvements to be built by the Contractor, insuring against all risks of direct physical loss or damage to materials, equipment, machinery and other property incorporated in the job. Builder’s Risk insurance or Installation Floater will not provide coverage for tools, equipment or other items which Contractor uses in connection with the Work and which are not incorporated into or intended to become permanent part of the Work. Contractor shall waive its right of subrogation against Landlord, Landlord Entities and Landlord Mortgagees for damage caused by fire or other perils, covered by the “all risk” or “special form” policy. Landlord is to be named a loss payee or a named insured on the policy. Deductibles on the policy shall be paid by Tenant and/or Contractor. Worker’s Compensation. Statutory workers compensation insurance covering full liability under applicable Worker’s Compensation laws at the required statutory limits. Contractor

Acceptance ____________

11 360329/261.01/CWT/826

Employer’s Liability. Employers’ liability insurance with the following minimum limits of liability: $1,000,000 Bodily Injury by Accident, Per Accident $1,000,000 Bodily Injury by Disease, Policy Limit $1,000,000 Bodily Injury by Disease, Per Employee Commercial General Liability. This insurance policy must:

a. Be written on a standard liability policy form (known as commercial general liability) but without exclusionary endorsements that may delete coverage for products / completed operations, personal and advertising injury, blanket contractual, fire, legal liability, or medical payments. Also, no exclusions pertaining to demolition, excavating, collapse, underground work and blasting. Completed operations coverage is to be continued for 10 years for property damage after acceptance of work under contract.

b. Be endorsed to provide that:

• Aggregate limits, if any, apply separately to each of the insured’s jobs or projects

away from premises owned by or rented to the insured;

• The insurance is primary and non-contributory to any insurance available to Landlord and the other additional insureds; and

• Include the following minimum limits:

$1,000,000 Per Occurrence $2,000,000 Products/Completed Operations $2,000,000 General Aggregate $1,000,000 Personal & Advertising Injury

Automobile Liability. Automobile liability insurance against bodily injury, including death resulting therefrom, and property damage, covering owned, non-owned, leased and hired motor vehicles used by or on behalf of contractor at, upon, or away from the Shopping Center with the following minimum limits: $1,000,000 Combined Single Limit Bodily Injury and Property Damage

Per Accident “All risk” or “special form” replacement cost property insurance on materials, supplies, equipment, apparatus and any other property of the contractor located, used or stored at the Shopping Center. Umbrella or Excess General, Auto & Employers’ Liability.

$5,000,000 Per Occurrence, coverage is to be on a following form basis.

Professional Liability (Errors and Omissions Liability). (For consultants only)

$2,000,000 Per Occurrence Contractor

Acceptance ____________

12 360329/261.01/CWT/826

3. General Requirements. All policies enumerated above must be:

• Written on an occurrence basis and not on a claims-made basis (except Professional Liability Policy);

• Endorsed to name as additional insureds Landlord, Landlord Entities, Landlord’s

Mortgagees, Landlord’s construction manager and their respective officers, directors, employees, agents, partners and assigns; (excludes Worker’s Compensation/Employer’s Liability Coverage & Professional Liability Policy)

• Endorsed to waive or permit an express waiver of any rights of subrogation in

favor of Landlord, Landlord Entities, Landlord’s Mortgagees, Landlord’s construction manager and their respective officers, directors, employees, agents, partners and assigns;

• Primary and non-contributing with, and not in excess of, any other

insurance available to Tenant, Landlord, and Construction Manager (or any other entity named as an additional insured); and

• Include a cross liability or severability of interests clause (excludes workers’ compensation/employer’s liability).

4. Special Conditions. The above policies (except workers’ compensation and employer’s

liability) must:

• be further endorsed to name the following entities (“Landlord Entities”) as additional insureds:

o Corpus Christi Retail Venture LP o IMI South Texas LLC o Trademark Padre, LP o Institutional Mall Investors LLC o Trademark Property Company o TP Genpar, LLC o Miller Capital Advisory, Inc. o California Public Employees’ Retirement System (CalPERS) o MCA Mall Investors LLC o Trademark Management, LTD. o Landlords Mortgagee

5. Notice of Accident. Contractor shall immediately provide written notice to Contractor’s

Insurer or Insurance Agent of all accidents resulting in injury to persons or property occurring on or near the Project. In the event of death or serious bodily injury to others, or damage to Owner’s property, Contractor shall report full particulars, by telephone, within 24 hours of the occurrence. Copies of all accident reports should be directed to:


Copyright © 2010 by CalPERS. Reproduction of any part of this manual is permissible if reproduction

contains notice of CalPERS copyright as follows: “Copyright © 2010 by CalPERS.”

APPENDIX 1 PAGE 1 of 3

APPENDIX 1

NEUTRALITY TRIAL RESPONSIBLE CONTRACTOR PROGRAM POLICY

CERTIFICATION OF RESPONSIBLE CONTRACTOR STATUS

GENERAL INFORMATION

Company Name

Address

City

Telephone Number ( ) Fax Number ( )

Ownership Structure (Please check one)

__ Sole Proprietorship __ Partnership __ Corporation __ Joint Venture __ Other_________________

Description of Service(s) Provided

Contractor’s License #

RESPONSIBLE CONTRACTOR STATUS (Refer to definitions on reverse)

Please check one of the following boxes:

1. __ Meets all Responsible Contractor requirements

2. __ Meets none of the Responsible Contractor requirements

3. __ Meets certain of the Responsible Contractor requirements (provide explanation below)

If you have checked box 3 above, please provide an explanation below (attach additional pages if necessary).

Explanation: ___________________________________________________________________________

______________________________________________________________________________________

4. In the last 18 months, has your firm been fined, suffered an adverse judgment, incurred a penalty, or had to change its

employment policies because of violations of State or Federal labor laws, including but not limited to the National Labor

Relations Act, or the Civil Rights Act of 1964 (e. g., sexual harassment or discrimination violations)? If yes, please explain

(attach additional pages if necessary).

Explanation: ___________________________________________________________________________

______________________________________________________________________________________

5. Are you aware of any pending complaints that have been filed with your firm or any agency enforcing labor or employment

laws? If yes, please explain. (An affirmative answer will not necessarily disqualify you from being the successful bidder. It

just will be a factor that will be taken into account in determining to whom the contract will be awarded.)

Explanation (attach additional pages if necessary): __________________________________________

____________________________________________ ________________________________________

TARGETED VENDOR STATUS (refer to definitions on reverse.)

Does your firm meet the definition of Service-Disabled Veteran Business Enterprise? __ Yes __ No

NEUTRALITY TRIAL RESPONSIBLE CONTRACTOR PROGRAM

kaguilar

Text Box

EXHIBIT B




NEUTRALITY TRIAL PROGRAM COMPLIANCE

Is your firm subject to the Neutrality Trial Program? __ Yes __ No If your firm is subject to Neutrality Trial Program, have you complied with it in all respects? __ Yes __ No (if no, attach explanation)

OWNER’S CERTIFICATION OF RESPONSIBLE CONTRACTOR STATUS

On behalf of the above-named company, the undersigned certifies that the information and response provided herein are true, complete and accurate as of this date, and he/she is aware that any intentionally misrepresented or falsified information may result in disqualification from future contracting opportunities. Signature ___________________________________ Date ____________________________ Name (please print) _____________________________ Title_____________________________

This form was prepared for use with the Neutrality Trial Responsible Contractor Program Policy of CalPERS. Any contractor or subcontractor with a minimum contract size of $100,000 should complete this form. CalPERS reserves the right to disclose the contents of this Self-Certification Form at its or its Manager’s or Delegate’s discretion.





INTRODUCTION: The California Public Employees’ Retirement System (“CalPERS”) has a deep interest in the condition of workers employed by CalPERS and its Managers and Delegates. CalPERS, through the Statement of Investment Policy for the Neutrality Trial Responsible Contractor Program (“Responsible Contractor Policy”), supports and encourages fair wages and fair benefits for workers employed by its contractors and subcontractors, subject to fiduciary principles concerning duties of loyalty and prudence, both of which further require competitive returns on CalPERS real estate and infrastructure investments. CalPERS endorses small business development, market competition and control of operating costs. CalPERS supports many of the ideals espoused by labor unions and encourages participation by labor unions and their signatory contractors in the development and management of CalPERS real estate and infrastructure investments. CalPERS believes that an adequately compensated and trained worker delivers a higher quality product and service. This policy is intended to complement and in no manner detract from existing CalPERS policies regarding Disabled Veteran Business Enterprises contract participation. DEFINITIONS:

Responsible Contractor: A business that pays workers a fair wage and a fair benefit as evidenced by payroll and employee records and who complies with the CalPERS Disabled Veteran Business Enterprise policy. The definition of fair benefits includes, but is not limited to, employer paid family health care coverage, pension benefits, and apprenticeship programs. What constitutes a fair wage and a fair benefit depends on the wages and benefits paid on comparable real estate or infrastructure projects. Fair wages and fair benefits are based upon local market factors, that include the nature of the project (e.g. residential or commercial and public or private) comparable job or trade classifications, and the scope and complexity of services provided. Disabled Veteran Business Enterprise (DVBE) Policy: CalPERS contractors shall make a good faith effort to comply with CalPERS annual contract participation goals by directing 3% of their CalPERS-related purchases of goods and services to Disabled Veteran Business Enterprises. Disabled Veteran Business Enterprise: A business enterprise that is certified by the State of California, Office of Small Business & DVBE Services of the Department of General Services as meeting all of the following: (1) it is a business enterprise which is at least 51% owned by one or more Disabled Veterans, (2) the management and control of the daily business operations are controlled by one or more Disabled Veterans (the Disabled Veterans who exercise management and control are not required to be the same Disabled Veterans as the owners of the business concern), and (3) its home office is located in the United States and it is not a branch or subsidiary of a foreign corporation, foreign firm or other foreign-based business. Disabled Veteran: A veteran of the military, naval or air services of the United States with a service-connected disability of at least 10 percent who is a resident of the State of California.


Responsible Contractor Worksheet

This worksheet has been provided to assist you with answering questions on the Certification of Responsible Contractor Status form. The Responsible Contractor program encourages fair wages and benefits, consistent with local market practices. Please take a few minutes to complete the following questions about your firm and the marketplace in which you operate.

Wages 1. Considering the wages paid by your competitors in this market, the nature of this project, and the size and scope of this contract, do you believe that your firm will pay local market wages for employees on this job?

Benefits

1. For the majority of the employees on this job, will your firm provide employer-paid health insurance for the employee or the employee and his/her family? 2. For the majority of the employees on this job, will your firm provide pension, 401k, or a similar program? 3. For the majority of the employees on this job, will your firm provide access to apprenticeship programs for skilled trades?

□ Yes □ No

□ Yes □ No

□ Yes □ No

□ Yes □ No

4. Are there any other benefits that you will provide to employees on this job that you would like to

describe (e.g. paid vacation, sick leave, etc.)? If so, please describe:

5. Considering your answers above, the benefits your competitors in this market provide to their employees, the size and scope of this contract, and the nature of this project, do you believe your firm will provide benefits consistent with local market practices to the employees on this job?

□ Yes □ No

Please use the space below if you would like to elaborate on any of the answers you provided above:

EXHIBIT C

INSURANCE REQUIREMENTS LIABILITY COVERAGES Commercial General Liability Insurance:

• $1,000,000 per occurrence • $2,000,000 products / completed operations aggregate • $2,000,000 general aggregate • $1,000,000 personal injury & advertising injury liability • $1,000,000 bodily Injury & Property Damage

Coverage is to include:

• Contractual Liability • Broad form property damage including completed operations liability • No exclusions pertaining to demolition, excavating, collapse, underground work and

blasting • Completed operations coverage, if applicable, to be continued for 10 years of applicable

maximum state statute of limitations for property damage after acceptance of work under contract

• Liquor liability coverage, if the contractor or vendor is in the business of selling or service alcoholic beverages, otherwise host liquor liability coverage

Auto Liability Insurance

• $1,000,000 per accident

Coverage is to include: • Owned, hired and non‐owned vehicles used by or on behalf of the vendor or contractor

Workers’ Compensation / Employer’s Liability Workers’ Compensation – Statutory Employer’s Liability

• Bodily Injury by Accident $1,000,000 per accident • Bodily Injury by Disease $1,000,000 policy limit • Bodily Injury by Disease $1,000,000 per employee

Excess General, Auto and Employer’s Liability Insurance:

• $5,000,000 per occurrence

Coverage is to be provided on a following form basis: The General Liability, Auto Liability and Excess Liability policies shall name the following as additional insureds: o Corpus Christi Retail Venture LP o IMI South Texas LLC o Trademark Padre, LP o Institutional Mall Investors LLC o Trademark Property Company o TP Genpar, LLC o Miller Capital Advisory, Inc. o California Public Employees’ Retirement System (CalPERS)

EXHIBIT C

o MCA Mall Investors LLC o Trademark Management, LTD. o Landlords Mortgagee

The above policies (except Workers’ Compensation / employer’s Liability) shall be endorsed so they are primary and noon‐contributing with insurance available to the above mentioned entities. The above policies (except Workers’ Compensation / employer’s Liability) shall include a cross liability or severability of interest’s clause. The above policies (except Workers’ Compensation / employer’s Liability) shall:

• Include a waiver of subrogation by insurers in favor of the above mentioned entities • Provide the vendor or contractor permission to waive subrogation against the above

mentioned entities, in which case the contract with the respective vendor or contractor should include a waiver of subrogation by such party in favor of the above mentioned entities.

• Any self – insurance retention must be declared by the vendor or contractor to CalPERS’ Real Estate Partner’s Risk Manager and approved by them.

PROPERTY COVERAGE

• All Risk Replacement Cost Property Insurance: • Contractor or vendor shall provide “All Risk” Property Insurance on materials, supplies,

equipment, apparatus and any other property of the contractor or vendor located, used or stored at the site in which CalPERS has an ownership interest.

The Property Insurance policy shall:

• Include a waiver of subrogation by insurers in favor of the above mentioned entities • Provide the vendor or contractor permission to waive subrogation against the above

mentioned entities, in which case the contract with the respective vendor or contractor should include a waiver of subrogation by such party in favor of the above mentioned entities.

Applicable to All of the Above Coverages:

• Required insurance is to be placed with an insurance company rated A – VII or better by A.M. Best or as approved by CalPERS’ Core Real Estate Partner’s Risk Manager.

• The above policies shall be endorsed to provide 30 days prior Notice of Cancellation or Non‐Renewal (10 days for non‐payment of premium0 to CalPERS.

kaguilar

Text Box

EXHIBIT D

EXHIBIT E ‐ CONTRACT DUTIES La Palmera – Housekeeping/ Janitorial Service Specification

Exhibit E

Description of Mall: La Palmera is a two level super regional mall with approximately 1,100,000 square feet of retail space. The major department stores are Dillard’s, Macy’s and JCPenney. La Palmera is the only mall for approximately 150 – 200 miles. The average yearly traffic is 10 million people, the average monthly traffic is 750,000 (which doubles in November and December) with peak times usually between 1pm and 8pm. La Palmera is located in Corpus Christi which is known as a destination location for the beaches and vacation coastal environment with a population of approximately 425,000. La Palmera experiences heavy traffic during standard calendar holidays with an additional traffic boost during Spring Break, Tax‐Free Weekend, Holy Week, Mother’s Day, Graduation, and Summer months. 1st Floor Retail 253,661 sf 1st Floor Common 118,025 sf 2nd Floor Retail 67,774 sf 2nd Floor Common 46,241 sf Mall office 2,759 sf Security office 419 sf A. SCOPE Janitorial Contractor agrees to furnish all supervision, labor, materials, tools, two way radios (minimum of 10 with shoulder mics or ear pieces), cell phones for managers, telephone equipment for office and all other materials required for furnishing janitorial service. The entire common area of the mall will be cleaned each day prior to opening for business hours. All supplies and equipment are to be supplied by the contractor excluding trash liners and paper products (which will be billed back at cost to owner). The detailed description of work is identified in this contract as EXHIBIT A‐1 and consists of seven (7) pages. B. HOURS OF SERVICE Contractor will provide the necessary hours to maintain the area of responsibility outlined in EXHIBIT A‐1. The contractor understands that from time to time extended business hours of the mall may increase the amount of manpower required to provide satisfactory service. This will include all holiday shopping seasons and any other special sales or events. La Palmera will only be responsible for additional costs if additional staff is requested and approved in writing (see traffic/ calendar pattern mentioned above C. PERSONAL QUALIFICATIONS Janitorial Contractor shall employ only qualified operators and workers who are skilled in the performance of janitorial work. Contractor will also insure that employees will have the skills needed to effectively communicate with property staff. D. SECURITY Janitorial Contractor shall screen all employees through the police department and shall require satisfactory personal references in order to determine the character of prospective employees before hiring. All new hires shall also be screened for illegal drug use. Any person testing positive for illegal

drug use shall not be employed at La Palmera. All employees must pass a background check and have a valid driver’s license. E. IDENTIFICATION OF EMPLOYESS Each employee shall be furnished proper identification (name tags) with both the name of janitorial contractor and the employee. Name tag is to properly be worn on right side of shirt (chest area) at all times. F. APPEARANCE OF EMPLOYEES All employees of the contractor shall be neatly attired in janitorial contractor supplied uniform at all times in a manner that will reflect credit upon the janitorial contractor and La Palmera. While not on duty, but still on property, employees must remove uniform shirt. G. WORK HOURS The schedule of work hours for accomplishment of janitorial services shall conform to the requirements of La Palmera and the contractor’s services shall not in any way interfere with the normal routine of the tenants. Work schedules shall be prepared by the contractor and presented to the Management of La Palmera for approval. Normal Mall hours are Monday – Saturday 10am – 9pm, and Sunday 11am – 7pm. Restaurant hours are as follows: Chili’s Monday – Thursday 11:00 am‐11:00 pm

Friday ‐ Saturday 11:00 am‐12:00 am

Sunday 11:00 am‐10:30pm Grimaldi’s Sunday ‐ Saturday 11am‐11pm

LongHorn Sunday ‐ Thursday 11am‐10pm

Friday ‐ Saturday 11am‐11pm

P.F. Chang’s Sunday ‐ Thursday 11am‐10pm

Friday ‐ Saturday 11am‐11pm

H. USE OF BUILDING, PREMISES AND UTILITIES La Palmera will provide an empty storage space for contractor. Contractor, at his expense, will re‐key the space and be solely responsible for the space and its contents. La Palmera will provide all light, water, electricity and trash disposal facilities necessary to the contractor to perform the services outlined in EXHIBIT A‐1. I. SAFETY PRECAUTION Janitorial Contractor shall designate a responsible superintendent who will, along with his/her staff of supervisors, constantly check the quality of workmanship and the safety aspect of the work being performed. Janitorial Contractor agrees not to dispose of any hazardous materials in the normal disposal facilities. Any hazardous materials generated by the contractor i.e. Waste oils, spent chemical solutions shall be disposed of in the manner dictated by the Texas Commission on Environmental Qualifications. Copies of all Hazardous Waste Manifests must be filed with the Management of La

Palmera. Contractor also agrees to file the MSDS sheets for all chemicals used on the property with the Management of La Palmera. Eye wash stations must be in all areas that chemicals are kept. J. INSPECTIONS All work, equipment and supplies furnished in performance of the attached scope of work (EXHIBIT A‐1) shall be subject to inspection at any and all times by the Management of La Palmera or its duly authorized representative. K. WORKMANS COMPENSATION, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND AUTOMOBILE LIABILITY Said insurance shall be in the name of the contractor. A thirty (30) day written notice of cancellation or change of contractors insurance will be sent to La Palmera by the insurance carrier. Additional insured shall be listed on the certificate of insurance as outlined in EXHIBIT “C” on the contractor’s general liability policy. Insurance amounts are listed on EXHIBIT “C”. Certificates evidencing the above mentioned coverage’s and conditions must be furnished by the contractor to La Palmera before commencing the services hereunder. L. PROMOTIONAL SETUPS Contractor will assist the marketing department with promotional setups (such as table, chair, and tablecloth) as outlined in EXHIBIT A‐1. M. CONTRACTORS REPRESENTATIVE Contractor shall designate a responsible manager who will constantly check and be responsible for the quality of janitorial work. On a regular basis, the Management of La Palmera will require said manager to attend weekly staff meetings to keep abreast of upcoming events or other activities that may or may not affect the contractor’s performance of service. N. UNIFORM Uniforms will be provided by the contractor La Palmera Managements approval of Color, Type and Look. Uniforms will be provided for all of the contractors employees working at La Palmera regardless of the shift or hours worked. All employees shall wear the same uniform. No visible tattoos allowed on any employees. Employees with visible tattoos may wear same uniform shirt but in long sleeve. Uniform to be as follows:

• Housekeeping Manager‐ plain clothes (business class) • Supervisor(s)‐ black polo shirt with white embroidered La Palmera Logo and khaki pants (no

jeans) • All other staff‐ black polo shirt with white embroidered La Palmera Logo and black pants (no

jeans). Note: If caps allowed they must be black with white embroidered La Palmera Logo only. O. COMMUNICATION Contractor will provide a minimum of 10 two way radios to appropriate members of each working shift to maintain constant communication with the management staff. Radios will be fitted with the same frequency as the existing management radios. All radios must either have a shoulder mic or in ear piece.

P. OTHER WORK Contractors may actively pursue other tenant business in the center but agrees not to utilize any mall workers, supervisors, or equipment for this purpose. Contractor my be asked to provide other work for tenants within the mall and will provide pricing for this work directly to mall management. Contractor will provide to mall management on a monthly basis a list of any services provided to tenants including dates, time and type of work. Q. EQUIPMENT Contractor is to provide equipment to perform the job. All heavy equipment such as scrubbers will be required to have rubber wheels so that it will cushion the impact between the equipment and floor tiles. All equipment is to be properly maintained to prevent damage to floors or other items, as well as, be clean to present a professional look. All equipment used during business hours in the common area will need approval by La Palmera. If ever mall management allows contractor to use mall owned equipment it is agreed that contractor shall defend, indemnify and hold harmless owner and its respective present and former general and limited partners, affiliates, officers agents, servants and employees from and against any and all claims (as defined above) together with attorneys fees and litigation expenses, resulting from contractors use of the equipment. In addition contractor agrees to use equipment correctly and repair or replace any damages caused to equipment. R. PRICING AND TERMS It is understood that the contractor’s price is based on an average wage for all of the contractor’s employees. Contractor will charge a flat fee for service. It is understood that staffing and hours worked will increase in November and December at no additional cost. All invoices that are submitted for payment must have the appropriate back‐up prior to being paid. Invoices will be submitted by the contractor by the first of every month and will be paid within thirty days.

JOB RESPONSIBILITES

Supervisors 1. Responsible for the cleaning maintenance functions for the mall. 2. Directly responsible to La Palmera Management and will coordinate the maintenance programs to fit the changing requirements of the mall. 3. Designated to meet with La Palmera Management on an as needed basis to review: a. The results of the building inspections. b. Any significant items on the weekly report. c. Any problems or damage noted. d. Any major schedule changes. e. Revised manpower requirements f. Any specific requirements that will require long range planning. 4. Responsible for maintaining accurate record for manpower allocations for determining the proper billing of additional services. 5. Responsible for ordering necessary materials and equipment and maintaining an adequate inventory of items necessary for the cleaning program. 6. Responsible for recruiting, hiring, training, supervising and scheduling all employees.

7. Responsible for the care and maintenance of all equipment. 8. Provide La Palmera Management with written verification of jobs preformed which receive weekly, monthly, quarterly, etc. action along with an overview of the week’s activities. 9. Insure that all heavy cleaning is performed before or after mall opening hours. 10. Provide La Palmera Management with a weekly staffing schedule. 11. Provide La Palmera Management with a detailed power washing schedule. Housekeeping Employees 1. Clean metal and glass in pubic entrances. 2. Service all public and employee restrooms. 3. Service the mall for trash pickup, ashtray cleaning and spillage. 4. Service all soft seating areas. 5. To be available for emergency clean up, including inside tenant spaces. 6. To assist in promotional setups as needed. 7. To empty trash containers when required. 8. To set up community room when needed. 9. Service corridors and service areas. 10. To shovel snow and/or spread salt on entrances when needed. 11. Power wash as outlined in Exhibit A‐1 12. Porter outside areas as outlined in Exhibit A‐1

La Palmera

CLEANING SPECIFICATIONS EXHIBIT A‐1

EXECUTIVE OFFICE AREA A. 5 Times per Week (Monday – Friday 6am – 7am) 1. Dust all exposed filing cabinets, bookcases and shelves.

2. Dust furniture; damp clean if needed 3. Dust all telephones; damp clean if needed. 4. Dust desk tops (where possible) DO NOT MOVE ANY PAPERS. 5. Clean counter tops. 6. Spot clean door glass, partition glass and lobby glass. 7. Remove fingerprints from doors, frames, light switches, kick and push plates,

handles and molding around doorways. 8. Empty wastebaskets and replace liners as needed. 9. Empty all blue recycle cans in each office into the shred bin in the copy room. DO

NOT THROW THESE PAPERS IN THE REGULAR TRASH. 10. Vacuum carpet. 11. Spot clean carpet. 12. Mop tile floors. 13. Clean office restrooms 14. Clean kitchen/lounge area. 15. Clean dirty dishes in kitchen 16. Stock office refreshments (paper goods, coffee, sodas, water etc…) 17. Dust copiers and other office equipment 18. Dust pictures/artwork

B. Weekly 1. Clean entire desk tops (where possible). DO NOT MOVE ANY PAPERS. 2. Clean metal frames around doors, partitions and door glass. 3. Sweep baseboards, corners, etc. 4. Low dust all surfaces to hand height (70”). 5. Dust blinds. 6. Vacuum/damp clean furniture.

C. Monthly 1. High dust above hand height all horizontal surfaces including shelves, molding,

ledges, pipes and heating outlets, up to 15 ft. height. 2. Dust ceiling area. 3. Burnish vinyl tile.

D. Semi‐Annually 1. Trash receptacles removed and washed thoroughly. 2. Shampoo floors.

E. Annually 1. Clean carpets. 2. Detail clean grout in tile floors

CONCIERGE

A. Daily 1. Dust all exposed filing cabinets, bookcases and shelves. 2. Dust furniture; damp clean if needed 3. Dust all telephones; damp clean if needed. 4. Dust desk tops (where possible) DO NOT MOVE ANY PAPERS. 5. Clean counter tops. 6. Empty wastebaskets and replace liners daily. 7. Vacuum carpet. 8. Spot clean carpet. 9. Clean strollers & wheelchairs (minimum twice a day)

B. Weekly 1. Sunday after mall hours all strollers are to be power‐washed. C. Monthly 1. Shampoo Floors.

D. Semi‐Annually

1. Trash receptacles removed and washed thoroughly. 2. Shampoo floors.

SECURITY

A. Daily 1. Clean glass. 2. Dust all exposed filing cabinets, bookcases and shelves. 3. Dust furniture; damp clean if needed 4. Dust all telephones; damp clean if needed. 5. Dust desk tops (where possible) DO NOT MOVE ANY PAPERS. 6. Clean counter tops. 7. Empty wastebaskets and replace liners daily. 8. Vacuum carpet. 9. Spot clean carpet.

B. Monthly 1. Shampoo carpet area. 2. Deep clean tile area.

C. Semi‐Annually

1. Trash receptacles removed and washed thoroughly. 2. Shampoo floors.

RESTROOMS (Serviced completely prior to mall opening and maintained throughout Mall hours) 3 sets of restrooms & 3 family restrooms. Public Restrooms will be checked every 15 – 30 minutes

A. Daily 10. Clean and sanitize fixtures including toilet bowl, urinals and hand basins. 11. Clean and sanitize toilet seats. 12. Clean and polish mirrors and glass. 13. Clean and polish chrome fittings. 14. Clean counter tops.

15. Remove spots, stains and splashes from wall area adjacent to hand basins, toilets and dispensers.

16. Dust and spot clean partitions. 17. Spot clean partitions. 18. Empty containers and disposals and insert liners as required. 19. Wash and sanitize exterior of containers. 20. Remove fingerprints from doors, frame, light switches, kick and push plates,

handles, etc. 21. Refill dispensers to normal limits – soap, tissue, liners, seat covers & feminine

products, 22. Sweep and damp mop floors with germicidal disinfectant. 23. Report all repair items to maintenance. 24. Clean mats under hand dryers

B. Weekly

1. Trash receptacles, removed and washed thoroughly. 2. Low dust all horizontal surfaces to hand height, including, sills, moldings,

ledges, shelves, frames, ducts and heating outlets. 3. High dust above hand heights, including sills, moldings, ledges, shelves,

frames, ducts and heating outlets. 4. Damp wipe ceiling vents. 5. Wash tile walls. 6. Wash and sanitize partitions. 7. Machine scrub floors. 8. Clean and polish floor drains.

UNOCCUPIED STOREFRONTS.

A . Daily 1. Spot clean surfaces of barricaded storefronts. 2. Spot clean exterior glass of window displays.

B. Monthly 1. Vacuum/Clean tops of storefronts/window display

RMU’S

A. Weekly 1. Dust mop the top and underneath of all RMU’s every Tuesday morning

B. Monthly 2. Clean the tops of all RMU’s

OUTSIDE AREAS A. Daily

1. Police all entrances around the entire building (to the curb) and pressure wash weekly. (excluding Macy’s and JC Penneys)

2. Police and clean compactor areas, degrease and pressure wash weekly. 3. Clean parking lot of all debris and trash prior to 8:30am that is not picked up

by the sweeping company. 4. Remove all hard trash: furniture, pallets, etc.

FOOD COURT (600 seat food court with an outdoor seating area)

A. Daily – Performed prior to mall opening 1. Sweep and mop entire area. 2. Clean and scrub all tables, bases, chair and food court fixtures with

disinfectant. 3. Move all tables and clean trash from underneath. 4. Clean all high‐chairs after every use. 5. Return trays to tenants. 6. Keep trash containers clean and remove when they are 75% full. 7. Trash collected from the food court will be brought directly to the compactor

and not stored in back corridors.

B. Weekly 1. Move all tables and machine scrub with degreaser, place table and chairs back

in original configuration. 2. Machine scrub back food court services hallway with degreaser. 3. Detail cleaning of all base boards, walls, columns, etc. 4. Clean all balloons and debris from high areas. 5. Remove trash receptacles & wash thoroughly 6. Clean interior of trash areas

C. Semi‐Annually

1. Detail clean all food court furniture SERVICE CORRIDORS

A. Daily 1. Pick up debris from corridors. 2. Spot clean walls and doors. 3. Empty all trash carts, ensure they are clean of debris. 4. Police dumpsters areas, clean as needed.

B. Weekly

1. Machine scrub corridors. 2. Dust/spot clean ledges, fire boxes and electrical boxes. 3. Dust/spot clean exit door and kick plates. 4. Spot clean walls. 5. Clean exit doors. 6. Clean frames and tracks around doors.

C. Monthly

1. High dust lamps, walls, corners, ceiling area to a height of 15 ft. 2. Dust/spot clean exit signs. 3. Polish frames and tracks around doors.

MALL COMMON AREAS AND ENTRANCES (Serviced thoroughly prior to opening. Duties to be performed periodically throughout the day, service to curb only).

A. Daily 1. Pick up trash and debris at all exterior entrances. 2. Remove debris from entrance walks (paper, gum, cigarettes, etc.)

3. Spot clean interior and exterior glass of doors; spot clean metal frames around doors, tracks and panel glass.

4. Clean matting in walk‐off mats. 5. Clean Soft Play area every morning using a cloth and simple Green ONLY.

Vacuum all carpet area, ensure all marks, trash and debris are removed from all areas.

6. Interior trash containers emptied, damp wiped, relined as needed, and disinfected on a continual basis; trash taken to dumpster/compactors.

7. Keep interior and exterior ash receptacles clean and polished as needed. 8. Dust and damp mop floors as needed. 9. Spot mop spills and dirty areas on floor (display “Wet Floor” sign). 10. Clean and polish directory boards/promotional signs. 11. Clean and polish telephone areas. 12. Remove trash and debris from planters and damp clean exterior. 13. Clean seating. 14. Clean and sanitize drinking fountain, wipe all sides and walls. 15. Clean ornamental fixtures, support columns, brass, etc. 16. Clean and polish elevator and escalators. 17. Dust/spot clean exterior of fire extinguisher boxes. 18. Remove high debris (balloons, etc.). 19. Remove all graffiti daily. 20. Remove trash/damp wipe table/chairs in seating areas. 21. Remove all debris from planter beds and tubs. 22. Remove all trash from fountains. 23. Dust and spot clean RMU’s not leased to tenants. 24. Pick up exterior of entrance (curb in) for debris during open hours. 25. Clean and refill hand sanitizer stanchions. 26. Clean pendant lighting.

B. Weekly

1. Entrance glass cleaned, interior and exterior. 2. Polish metal frames and tracks around doors. 3. Sift clean and/or change gravel in urns. 4. Low dust baseboards edges and window ledges. 5. Polish benches, planters and handrails. 6. Dust all vacant RMU’s. 7. Polish all planters and seating areas. 8. Wash all pillars and posts. 9. As needed steam clean or treat soft seating. 10. Clean vents

C. Monthly

1. Trash receptacles to be removed and washed thoroughly. 2. Dust/spot clean exit signs. 3. Dust can lights. 4. Dust all ceiling vents and tiles. 5. Clean hanging creatures in play area and clean lenses. 6. Clean palm lenses. 7. Clean all high windows in vestibules.

FLOOR CLEANING SERVICE IN MALL COMMON AREA (entire 2nd level is carpet)

A. Daily 1. Sweep or dust mop all floors. 2. Vacuum all carpet areas 3. Damp mop all floors of spots or stains. 4. Mop and/or scrub areas around baseboards and/or corners. 5. The Mall tile will be scrubbed daily with a neutral cleaner.

B. Monthly 1. Shampoo carpet 2. Replace soiled carpet tiles as needed

ESCALATOR (Serviced completely prior to mall opening and maintained throughout Mall hours). A. Daily

1. Clean debris from traction plates and steps. 2. Sweep/mop traction plates and steps. 3. Damp wipe/disinfect handrails, sides, moldings, ledges, etc. 4. Dust interior and exterior ledges. 5. Machine brush and vacuum steps.

B. Weekly 1. Machine scrub traction plates. 2. Polish stainless steel.

ELEVATORS (Public to also include parking garage & freight elevators) A. Daily

1. Dust corridors, vents and ceilings. 2. Clean interior and exterior glass. 3. Damp wipe/polish directory board and moldings. 4. Damp wipe handrails. 5. Damp wipe polish interior and exterior of walls and doors (where reachable from

floor). 6. Clean door tracks. 7. Sweep/mop floors.

B. Weekly

1. High dust vents and corners. 2. Damp clean vents. 3. Polish door tracks and handrails. 4. Machine scrub composition floor and burnish.

C. Monthly

1. Topcoat composition floor to restore shine. 2. Dust exterior cab.

D. Quarterly

1. Refinish floor.

STAIRWELLS (Public & Emergency) A. Daily

1. Dust/spot clean handrails, moldings and ledges. 2. Sweep stairs and landings. 3. Spot clean walls. 4. Damp mop stairs.

B. Weekly

1. Damp clean handrails, moldings and ledges. 2. Scrub stairs and landings. 3. Wash walls.

C. Monthly

1. Scrub steps and landings. SERVICE AREAS A. Daily

1. Police corridors, stairwells and freight elevators for debris. 2. Periodically monitor for wet spills and trash; correct deficiency and if needed report

offenders to management. 3. Police lower level corridors, dumpster areas, clean as needed.

B. Weekly

1. Dust mop corridors, stairwells and freight elevators. 2. Machine scrub corridors, stairwells, freight elevators and lower levels corridors. 3. Dust/spot clean ledges, fire boxes and electrical boxes. 4. Dust/spot clean exit door and kick plates. 5. Spot clean freight elevator doors and walls. 6. Clean employee restrooms. 7. Damp wipe handrails. 8. Spot clean walls. 9. Clean and polish freight elevators walls, doors and moldings. 10. Thoroughly sweep/mop stairs and landings. 11. Clean exit doors. 12. Clean frames and tracks around doors. 13. Machine scrub corridors and freight elevators.

C. Monthly

1. High dust lamps, walls, corners, ceiling area to a height of 15 feet. 2. Dust/spot clean exit signs. 3. Polish frames and tracks around doors.

NOTE: All breaks will be taken in the break room of the Mall. No smoking will be permitted in the Mall. Maids’ carts will be neat, clean and fully supplied at all times. The carts will not be left unattended in the Common Area. Carts will have looking cabinets to store cleaning supplies. While on duty no cell phone use is allowed. If off‐duty and in the mall the uniform shirt should be removed. ADDITIONAL SERVICE A. As Needed

1. Report any maintenance deficiencies to management. 2. Communicate with management on any abnormal mall activities. 3. Provide assistance to customers. 4. Assist marketing in setting up displays/décor as long as it does not detract from

housekeeping duties and/or additional cost is not incurred. 5. Set‐up community rooms per schedule. Set‐ups are only to provide necessary

equipment unless otherwise requested. 6. In the winter months assist as needed to remove snow and ice from entrances and

apply ice melt during the period between 3:00 pm and 9:00 pm (only if needed). 7. Prepare for hurricane or heavy rain. 8. Perform misc. activities as required so long as it does not require additional staffing. 9. Duties that are outside of this scope that require additional manpower can be billed

back to the Landlord at the agreed upon flat rate. NON‐SERVICED AREAS

A. Tenant trash removal, unless charged a fee by the Landlord. B. Interior of occupied tenant spaces. C. Occupied tenant fronts D. Skylight glass E. Department Store truck courts and walks (except Dillard’s).

Notes:

• Approximately 7‐10 Purell foam hand sanitizer stations throughout mall. • Mats must be kept in new like condition under all hand dryers in all public restrooms to be

provided by contractor. • By 9:00 am all furniture and sign holders should be in the correct placement as approved by La

Palmera Management. • Exterior of property must be completely ported by 8:30 am daily to mall sidewalk curb and again

complete by 1:30 pm daily. • Playarea must be cleaned and sanitized daily at 3:00 pm. • CCPD Office every Monday morning (see security for key). • Parking garage elevators and stairwells. • DO NOT clean aquariums.

EXHIBIT B ‐ COMPENSATION

The monthly cost for this service shall be $ Payment within 30 days of receipt of invoice.

EXHIBIT C ‐ INSURANCE INSURANCE REQUIREMENTS All Contractors shall:

• Carry the insurance listed below with insurance companies acceptable to Landlord; and

• Furnish Certificates of Insurance to Landlord evidencing required coverage’s and listing all required additional insured at least ten (10) business days prior to entry in the Shopping Center, and Renewal Certificates at least thirty (30) days prior to the expiration dates of Certificates previously furnished.

Certificates of Insurance must provide for at least thirty (30) days prior written notice of cancellation or material change (or at least 10 days for non‐payment of premium) to Corpus Christi Retail Venture, LP c/o Trademark Property Company, 1600 W. 7th Street, Suite 400, Ft. Worth, Texas 76102, Attention: Melissa Hanson.

1. Rating. Certificates of Insurance will be accepted only from insurance companies authorized to do business in the state in which the Shopping Center is located and having an “A X” rating or better per A.M. Best Company’s insurance reports.

2. Type of Insurance Coverage.

Builder’s Risk or Installation Floater. Contractor shall provide “All Risk” or “special form” Builder’s Risk insurance or Installation Floater in an amount equal to the replacement cost of the improvements to be built by the Contractor, insuring against all risks of direct physical loss or damage to materials, equipment, machinery and other property incorporated in the job. Builder’s Risk insurance or Installation Floater will not provide coverage for tools, equipment or other items which Contractor uses in connection with the Work and which are not incorporated into or intended to become permanent part of the Work. Contractor shall waive its right of subrogation against Landlord, Landlord Entities and Landlord Mortgagees for damage caused by fire or other perils, covered by the “all risk” or “special form” policy. Landlord is to be named a loss payee or a named insured on the policy. Deductibles on the policy shall be paid by Tenant and/or Contractor. Worker’s Compensation. Statutory workers compensation insurance covering full liability under applicable Worker’s Compensation laws at the required statutory limits. Employer’s Liability. Employers’ liability insurance with the following minimum limits of liability: $1,000,000 Bodily Injury by Accident, Per Accident $1,000,000 Bodily Injury by Disease, Policy Limit $1,000,000 Bodily Injury by Disease, Per Employee Commercial General Liability. This insurance policy must:

a. Be written on a standard liability policy form (known as commercial general liability) but without exclusionary endorsements that may delete coverage for products / completed operations, personal and advertising injury, blanket contractual, fire, legal liability, or medical payments. Also, no exclusions pertaining to demolition, excavating, collapse, underground work and blasting. Completed operations coverage is to be continued for 10 years for property damage after acceptance of work under contract.

b. Be endorsed to provide that:

• Aggregate limits, if any, apply separately to each of the insured’s jobs or projects away

from premises owned by or rented to the insured;

• The insurance is primary and non‐contributory to any insurance available to Landlord and the other additional insured; and

• Include the following minimum limits:

$1,000,000 Per Occurrence $2,000,000 Products/Completed Operations $2,000,000 General Aggregate $1,000,000 Personal & Advertising Injury

Automobile Liability. Automobile liability insurance against bodily injury, including death resulting there from, and property damage, covering owned, non‐owned, leased and hired motor vehicles used by or on behalf of contractor at, upon, or away from the Shopping Center with the following minimum limits: $1,000,000 Combined Single Limit Bodily Injury and Property Damage

Per Accident “All risk” or “special form” replacement cost property insurance on materials, supplies, equipment, apparatus and any other property of the contractor located, used or stored at the Shopping Center. Umbrella or Excess General, Auto & Employers’ Liability.

$5,000,000 Per Occurrence, coverage is to be on a following form basis.

Professional Liability (Errors and Omissions Liability). (For consultants only)

$2,000,000 Per Occurrence

3. General Requirements. All policies enumerated above must be:

• Written on an occurrence basis and not on a claims‐made basis (except Professional Liability Policy);

• Endorsed to name as additional insureds Landlord, Landlord Entities, Landlord’s

Mortgagees, Landlord’s construction manager and their respective officers, directors, employees, agents, partners and assigns; (excludes Worker’s Compensation/Employer’s Liability Coverage & Professional Liability Policy)

• Endorsed to waive or permit an express waiver of any rights of subrogation in favor of

Landlord, Landlord Entities, Landlord’s Mortgagees, Landlord’s construction manager and their respective officers, directors, employees, agents, partners and assigns;

• Primary and non‐contributing with, and not in excess of, any other insurance available

to Tenant, Landlord, and Construction Manager (or any other entity named as an additional insured); and

• Include a cross liability or severability of interests clause (excludes workers’ compensation/employer’s liability).

4. Special Conditions. The above policies (except workers’ compensation and employer’s liability) must:

• be further endorsed to name the following entities (“Landlord Entities”) as additional insureds:

o Corpus Christi Retail Venture LP o IMI South Texas LLC o Trademark Padre, LP o Institutional Mall Investors LLC o Trademark Property Company o TP Genpar, LLC o Miller Capital Advisory, Inc. o California Public Employees’ Retirement System (CalPERS) o MCA Mall Investors LLC o Trademark Management, LTD. o Landlords Mortgagee

Notice of Accident. Contractor shall immediately provide written notice to Contractor’s Insurer or Insurance Agent of all accidents resulting in injury to persons or property occurring on or near the Project. In the event of death or serious bodily injury to others, or damage to Owner’s property, Contractor shall report full particulars, by telephone, within 24 hours of the occurrence.

EXHIBIT D‐‐RULES AND REGULATIONS FOR CONTRACTED SERVICE PERSONNEL

Violation of the Job Conduct Guidelines or violation of Basic Safety Rules and Regulations as required by O.S.H.A. and La Palmera will subject an individual and contractor to be removed from the site. La Palmera was built prior to 1981 and may contain Hazardous Material (i.e. Asbestos, hazardous chemicals). If during any portion of your normal daily activities you should come across any unknown material or substance you must stop all work in that area and notify the Operations Manager or Mall Office Staff.

a) Individuals shall not use or be under the influence of alcoholic beverages or drugs on jobsite or parking area.

b) Individuals shall not carry alcoholic beverages or drugs on jobsite or parking area. c) Contractor on jobsite shall provide their own trash facilities. d) Individuals shall not carry firearms on the jobsite. e) Any individuals caught stealing will be immediately terminated from their job and subsequently

prosecuted. f) Employees shall not sleep on jobsite. g) Workers shall not run concession type facilities, gamble or play cards on the jobsite. h) Contractors shall not falsify any reports or records. i) Individuals shall not smoke within building. j) Individuals shall park only in designated areas. k) Individuals shall not engage in fighting or horseplay or any physical contact or other actions, which

may cause or result in injury or bodily harm to any individuals. l) Good housekeeping is essential to a safe experience at La Palmera and is the responsibility of each

contractor. m) Individuals shall pick up and properly store at the end of each workday all tools, hoses and

electrical lines. n) Individuals on site shall not use profanity or exhibit boisterous behavior. o) Individuals shall not engage in sexual harassment of any kind. p) All in construction area shall wear proper headgear, eye, ear and dust protection as required by

type of work. q) First aid boxes assessable to employees are to be kept in the Housekeeping area. r) Personal cell phones are not permitted while on duty.

INVITATION TO BID TO: PROSPECTIVE HOUSEKEEPING … Housekeeping Janitorial Services.pdf · TO:...

Documents

Transcript of INVITATION TO BID TO: PROSPECTIVE HOUSEKEEPING … Housekeeping Janitorial Services.pdf · TO:...