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HomeMy WebLinkAbout4284 (2)RESOLUTION NO. 4 2 8 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND PEARL BUILDING SERVICES FOR JANITORIAL SERVICES WHEREAS, the City of Auburn is leasing commercial office space and is in need of certain janitorial services for said spaces; and WHEREAS, Pearl Building Services can provide janitorial services for said office spaces at a cost that is acceptable to the City; and WHEREAS, it is in the public interest for the parties to enter into an agreement for janitorial services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an Agreement between the City of Auburn and Pearl Building Services for janitorial services which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4284 December 28, 2007 Page 1 of 2 Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. ~ Dated and Signed this 22~ day of 2008. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPR6;VEDAS.-.TO FORM: ;-City-vtt6rney Resolution No. 4284 December 28, 2007 Page 2 of 2 / \ ~ . l ~ / CITY OF AUBURN AGREEMENT FOR SERVICES AG-S-019 (2008 ~--' THIS AGREEMENT made and entered into on this ~ dayof% ~: , 2008, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Pearl Building Services, 8207 18 to Ave E, Bonney Lake, WA ,hereinafter referred to as the "Provider." WITNESSETH: WHEREAS, the City is leasing commercial office space, and is in need of certain janitorial services for said spaces; and, WHEREAS, the City desires to retain the Provider to provide said services; and, WHEREAS, the Provider is qualified and able to provide such services, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: Scooe of Services The Provider agrees to perform in a good and professional manner the tasks described on Exhibit "A" which is attached hereto and by this reference made a part of this Agreement. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services.") The Provider shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services In the event additional services with respect to related work are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract amendment shall be set forth in writing and shall be executed by the respective parties prior to the Provider's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an Amendment (agreement for additional services), such Amendment shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Amendment were a part of this Agreement as originally executed. The performance of services pursuant to an Amendment shall be subject to the terms and conditions of this Agreement except where the Amendment provides to the contrary, in which case the terms and conditions of any such Amendment shall control. In all other respects, any Amendment shall supplement and be construed in accordance with the terms and conditions of this Agreement. AG-S-019-08 January 18, 2008 Page 1 of 12 3. Performance of Additional Services Prior to Execution of an Amendment The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of Amendment impractical prior to the commencement of the Provider's performance of the requested services. The Provider hereby agrees that it shall perform such services upon the written request of an authorized representative of the City pending execution of an Amendment, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 8 of this Agreement. 4. Provider's Representations The Provider hereby represents and warrants that the Provider has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City's Responsibilities The City shall do the following in a timely manner so as not to delay the services of the Provider: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. - b. Furnish the Provider with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Provider to perform the services provided for herein. d. Provide paper supplies, soap, and dumpster. e. Maintain a log to report maintenance problems as noted. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Provider and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards The Provider shall be responsible to provide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard acceptable to the City. 7. Prevailing WapesThe Provider shall comply with every provision of the Revised Code of Washington Chapter 39.12. A copy of a Statement of Intent to Pay Prevailing Wages, approved by the Industrial Statistician of the Department of Labor & Industries, must be submitted to the City prior to any payment for services rendered. An Affidavit of Wages Paid must be received by the City prior to issuance of final payment. Should the term of this agreement go beyond one year, the wages that the Provider shall pay its employees must be altered annually to recognize and follow AG-S-019-08 January 18, 2008 Page 2 of 12 the most recently promulgated increases in prevailing wages each year after the first year of the contract period. 8. Compensation As compensation for the Provider's performance of the services provided for herein, the City shall pay the Provider the fees and costs specified on Exhibit."B" which is attached hereto and by this reference made a part of this Agreement (or as specified in an Amendment). The Provider shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Provider thereafter in the normal course, subject to any conditions or provisions in this Agreement or Amendment. The Agreement number must appear on all invoices submitted. The not-to-exceed amount for this agreement is seventy-three thousand seven hundred dollars and no cents ($73,740.00). 9. Background Investigations Due to the security requirements of the locations at which the Provider may provide services under this Agreement, all Provider personnel with access to secured City facilities (e.g., Auburn Justice Center, etc.) will be required to submit to a background investigation, including fingerprinting, prior to being granted such access to those secured facilities. Individuals who fail the background check shall not be assigned to work at City facilities. 10. Time for Performance and Term of Aareement The Provider shall not begin any work under this Agreement until authorized in writing by the City. The Provider shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "A" attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall terminate on December 31, 2008. 11. Ownership and Use of Documents All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Provider as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 12. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. AG-S-019-08 January 18, 2008 Page 3 of 12 13. Continuation of Performance In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 14. Administration of Agreement This Agreement shall be administered by Carnell Shinaul, on behalf of the Provider, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Pearl Building Services Lisa Torres, Facilities Supervisor Carnell Shinaul 25 W Main St 8207 185th Ave E Auburn, WA 98001-4998 Bonney Lake WA 98391 Phone: 253.288.3158 Phone: 253.826.6284 Cell: 253-261-0272 Fax: 253-804-3116 E-mail: Itorres@auburnwa.gov Cell: 253.230.5618 Fax: 253.826.6284 E-mail: Carnell_shinaul@comcast.net 15. Notices All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. Either party may change his, her or its address by giving notice in writing, stating his, her or its new address, to the other party, pursuant to the procedure set forth above. 16. Insurance The Provider shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Provider, or the Provider's agents, representatives, employees, or subcontractors. Provider's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Provider to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Service Provider shall obtain insurance of the types described below: a. Automobile Liability insurance, covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office AG-S-019-08 January 18, 2008 Page 4 of 12 (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Provider shall maintain automobile insurance with minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The Provider's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Provider's insurance and shall not contribute with it. b. The Provider's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII Provider shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Provider before commencement of the work. AG-S-019-08 January 18, 2008 Page 5 of 12 17. Indemnification/Hold Harmless The Provider shall defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Provider and the City, its officers, officials, employees, and volunteers, the Provider's liability hereunder shall be only to the extent of the Provider's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Provider's waiver of immunity under Industrial Insurance, Title 51 RAW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 18. Assi_, nq ment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 19. Nondiscrimination The Provider may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 20. Amendment, Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 21. Termination and Suspension Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. AG-S-019-08 January 18, 2008 Page 6 of 12 The City may terminate this Agreement upon not less than seven (7) days written notice to the Provider if the services provided for herein are no longer needed from the Provider. If this Agreement is terminated through no fault of the Provider, the Provider shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 22. Parties in Interest This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 23. Costs to Prevailing Party In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 24. Applicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Provider of the services. 25. Captions, Headings and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 26. Severable Provisions Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. AG-S-019-08 January 18, 2008 Page 7 of 12 27. Entire Agreement This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 28. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY N PEARL BUILDING SERVICES ^' ^ _~ - ,~ Peter B. Lewis, Mayor Signature~s Name: C.ma? ~i~ r? %~ ~~.~~'7 ~' cl ~. Attest: ~E Danielle Daskam City Clerk Title: (~.~c/~~/l Signature Name: Title: AG-S-019-08 January 18, 2008 Page 8 of 12 AGREEMENT FOR SERVICES AG-S-019 {2008) EXHIBIT A SCOPE OF WORK Regularly Scheduled Janitorial Work: Service to be provided at: SuperMall Substation, 1101 SuperMall Way, Auburn, WA $500.00 per month Days of Service: Thursday between 6:00 p.m. and 5:00 a.m. Service to be provided at: Mountain View Cemetery, 2020 Mountain View Dr., Auburn, WA $300.00 per month Days of Service: Saturday between: 6:00 p.m. and 5:00 a.m. Service to be provided at: IS Department, Two 1st Street, Auburn, WA $625.00 per month Days of Service: Monday, Wednesday, Friday between: 6:00 p.m. and 5:00 a.m. Service to be provided at: 2905 C Street, Auburn, WA $1500.00 per month Days of Service: Monday -Friday between: 6:00 p.m. and 5:00 a.m. One time service of scrub/seal/wax new VCT in Kitchen 200.00 One time service for carpet extraction of all carpeted areas 1 000.00 One time service of scrubbing restroom the floors 200.00 Service to be provided at: Auburn Theatre, 10 Auburn Ave, Auburn, WA $250.00 per month Days of Service: 1st and 3rd Wednesday of the month between: 6:00 p.m. and 5:00 a.m. Service to be provided at: Auburn Golf Course 29fi30 Green River Road Auburn WA $1,850.00 per month Days of Service: 7days per week (excluding Christmas) service time: 6:45am. Lobby. Halls & Offices: Low dusting of all surfaces daily Clean & disinfect doors daily Hard floors dust mopped daily Hard floors damp mopped daily Vacuum carpeted traffic ways daily Empty garbage & recycling bins daily Vacuum edges & corners weekly Low & high dusting of all surfaces weekly Change liners as needed Spot clean glass as needed AG-S-019-08 Exhibit A, Scope of Work Page 9 of 12 Restrooms: Clean & disinfect floors Clean & disinfect toilet Clean & disinfect sink Clean & disinfect mirror Empty garbage cans Clean and polish metal Stock soap & paper products Low & high dusting of all surfaces Change liners Break room: Low dusting of all surfaces & under counter Empty all garbage & recycle bins High dusting of all surfaces Hard floors dust mopped Hard floors damp mopped Vacuum traffic ways Clean & disinfect sink Stock soap& paper products Clean & disinfect exterior of appliances Vacuum edges & corners Clean & disinfect exterior of cabinets Spot clean glass Changes liners daily daily daily daily daily daily daily daily weekly as needed daily daily daily daily daily daily daily weekly weekly weekly as needed as needed Service to be provided at: Auburn Dinner Theatre, 10 Auburn Ave, Auburn, WA $70.00 per service -estimated events for 2008 is 192 for a total of $13,440.00 Days of Service: As needed Service to be performed between: Conclusion of event In addition to the scope of work outlined above, the following work will be required: Seating & Lobby: Vacuum lobby Vacuum all carpet in theatre seating area Damp mop stage area Damp mop seating area to the rear of the theater Empty all trash and change liners as needed Clean lobby glass All labor, equipment and chemicals will be supplied by the contractor. AG-S-019-08 Exhibit A, Scope of Work Page 10 of 12 On-Call Janitorial Work: Service to be provided at: Location(s) identified at time of initial call for support Days of Service: On an as-needed basis Service typically to be performed between: 4:30 p.m. and 1:00 a.m. Provide on-call janitorial services on an as needed basis to augment City janitorial staff at other City facilities. The City will provide all cleaning supplies and equipment for on-call workers. AG-S-019-08 Exhibit A, Scope of Work Page 11 of 12 AGREEMENT FOR SERVICES AG-S-019-08 EXHIBIT B FEES Provider will conduct those regularly-scheduled janitorial services as established and in accordance with the schedule on Exhibit A of this agreement. Provider will supply on-call janitorial services for twenty-five dollars ($25.00} per hour. AG-S-019-08 Exhibit B -Fees Page 12 of 12