Loading...
HomeMy WebLinkAbout4284RESOLUTION NO. 4 2 8 4 A RESOWTION 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 commeroial offce space antl is in need of certain janitorial services for said spacesantl WHEREAS, Pead Building Services can pmvitle janitorial services for said office spaces at a cost that is acceptable ro lhe City; and WHEREAS, it is in the public interest for the patlies lo enter into an agreement tor janitorial services. NOW, THEREFORE, THE CITY COUNGL OF THE CITY OF AUBURN, KING COUNTV, WASHINGTON, HEREBV RESOLVES as follows: Section 1. The Mayor of the Cily of Auburn and the Aubum Ciry Clerk are hereby aufhorizetl ro execute an /{qreement between lhe City of Aubum and Pearl Building Services for lanitorial services which agreemenl shall be in substantial conformity with [he Agreement a copy ofwhich is aHachetl hereto, marked as Exhibit "A" antl incorporated herein by this reterence. Section 2. The Mayor is hereby authorized ro implement such administrative procedures as may be necessary to carry ou[ the tlirectives of [his legislation. - - - ResolWion No. 4284 oecemeersa,soo7 Pa9e i of 2 Section l. This resoWtion shall be in full Porce and effect upon passage antl signaNres hereon. i Datetl entl Signed this ZZ"' tlay of ka,M , 2008- qTVOFAUBURN ~IS7~ N 1.. PETERB.LEW MAYOR ATTEST: /Y'11 Damelle E. Daskam, City Clerk APP VEO OFORM'. i B. Hei -Ci t ney aesmuaon No. azea oecemeersa,soo7 Page 2 of 2 CITY OF AUBURN AGREEMENT FOR SERVICES AG-S-019 (2008) ~ / THISAGREEMENTmatleandenteredintoonthis~L dayof2008, by antl beNUeen the City of Auburn, a municipal mrporation of the State of Washingtoq hereinaker refened to as "City" and Peatl Builtling Services, 8207 18 °i Ave E, Bonney Lake, WA, hereinafter referred to as the'Provider" WITNESSETH: WHEREAS, the City is leasing wmmercial offlce space, and is in need of certain janitonal services for said spaces; anQ WHEREAS, the City desires ro retain the Providerto provitle saitl services; anQ WHEREAS, the Provitler is qualified and able to pmvide such services, and is willing and agreeable to provitle such services upon the tertns antl contlitions herein contained. NOW, THEREFORE, the patlies hereto a9ree as follows. 1. Scooe of Services The Pmvider agrees ro pertorm in a good antl pmfessional mannerthe lasks tlescnbed on Exhlbit "A" which is atlached hereto and by [his reference matle a patl of this Agreement (The tasks described on Exhibit "A` shall be individually referretl to as a'Yask( antl collec[ively referred to as the "services') The Provider shall perfofm the services as an intlependenl contraclor antl shall nol be tleemed, by virtue of this Agreement and the pertormance [hereof, to have entered into any patlnershlp, joint venWre, employment or other relationship wilh the CiTy. 2 Adtlitional Services In the event atltlitional services with respect to related work are required beyond those specified In the Smpe of Work, antl not inclutled in the compensation listed in lhis Agreement, a contract amendment shall be set fotlh in wnting and shall be execuled by the respective parties priorto the Provitlers peROrmance of the services [here untler, except as may be pmvided to the contrary in Section 3 of this AgreemenL tlpon proper completion antl execNion o( an Amendment (a9reement for additional seivices), such Amendment shall be incorporated into thls Agreemenl antl shall have the same force and eftect as if the terms of such Amentlmen[ were a part of ihis Agreement as originally exewted. The pertormance of services pursuant to an Amentlmen[ shall be subjeclto the terms antl contlitions of this Agreement excep[ where the Amendment pmvides to the conhary, in which case the terms antl conditions of any such Amendment shall conVOl. M all other respecis, any Amentlment shall supplement and be mns[rued in accordance with the terms and condilions of [his Agreement. nosni4oe Jenuary 18 ,11108 Pa9a 1 o! 12 3. Pertormance of Additional Services Prior ro Execution otan Amentlment The parties hereby agree thal situations may anse in which services other ihan those described on Exhibit "A" are tlesired bythe Gity antl the time period forthe completion of such services makes the execution of Amentlment imprectical prior to the commencemen[ of the Provitle/s peAortnance of the requested services. The Pmvider hereby a9rees that it shall perform such services upon the writlen request of an aNhorizetl representative of the Ciry pending execution of an Amentlmenp af a rdte of compensation to be agreed to in conneqion therewith. The invoice procedure for any such atlditional services shall be as descnbed in Section 8 of lhis Agreement. 4. Pmviders Reoresentafions The Provider hereby represents antl warrants ihatthe Pmvitler has all necessary licenses antl certiFlcations to perform the services provitletl for herein, antl is qualifietl ro pertorm such services. 5. CNSResoonsiblities The City shall tlo the following in a timely manner so as not to tlelaythe services of the Provitler'. a. Designate in wri[ing a person to act as the City's representative with respect to the services. The Ciys designee shall have complefe aNhoriTy to Vansmit instmctions, receive information, inteipre[ and tlefine the CiTy's policies and decisions wilh respect to the services. b. Furnish the Providerwith all information, criteria, objectives, schetlules antl standards for the project antl the services pmvidetl for herein. c. Arrangeforaccesstothepro0ertyorfacililiesasrequiretlforthePmviderto pertortn the services pmvided for herein. d. Provitle paper supplies, soap, and dumpster. e. Maintain a log ro report maintenance pmblems as noted. tl. Examine and evaluate all studies, repotls, memoranda, plans, ske[ches, antl otherdocuments prepared by the Provider antl render decisions regarding such tlocuments in a timely manner to prevent delay of the services. fi. AcceotableStandards The Provider shall be responsible ro provide, in connection with the services contemplated in fhis Agreemenl, work pmducis and services of a quality and pmfessional standard acceptable to the City. Z Prevailinq WaaesThe Pmvider shall wmply with every pmvision of the Revisetl Code of Washington Chapter 39.12 A copy of a Statement of Intent to Pay Prevailinq Wages, approved by the Indushial Statistician of the Department of Labor & IndusVies, musl be submitled to the Ciry priorto any payment Por services rendered. An Affdavit of Wages Paid must be receivetl by the City prior to Issuance of final paymenL Should the term of ihis agreement go beyond one yeaq the wages Ihat the Pmvider shall pay its employees must be altered annualtyto rewgnize and follow AG-8-019-0B January 18,2110tl Pqqa 2 oH2 the mosf recenlly pmmulgated increases in prevailing wages each year atter the first year of the conVact period. e. Comoensation As compensation for the Provider's performance of the services pmvitled for hereiq the City shall paythe Providerlhe fees and wsts specified on Exhibit "B" which Is attached herero and by ihis reference matle a pah of this Agreement (or as specifed in an Amendment). The Provitler shall submitto the City an invoiw or statement of time spenl on tasks included in the scope of woik pmvitled herein, and the Ciry shall process the invoice or statement in the next billinglclaim cycle following receipt of the invoice or statemen[ antl shall remit payment to the Provider therea%er in the normal course, subjed [o any contliYions or provisions in thisAgreementorAmendment The Agreement number must appear on all invoices submitletl. The nobto-exceed amountfor thls agreemen[ is seventy -three lhousand seven hundred dollars antl no cents ($]3,]40.00). 9. Backqrountl Imestiaations Due to the secunty requirements of the local at whlch the Provitler may provide services under ihis Agreement, all Provitler personnel with access to securetl Cily (acilities (e.g. Auburn Justice Cenler, etc.) will be required to submit [o a backgrountl imestigation, including fngerprinting, priorto being granted such access to ihose secured facilities. Individuals who fail the background check shall not be assiqned to work at City facilities. 10. T'meforPeAormanceandTermofAqreement The Provider shall not begin any work under this Agreement unlil authorized in writing by the Ciry. The Provitler shall perfortn the services providetl for herein in accordance with the direc[ion antl schetluling pmvided on Exhibit "A" altachetl hereto and incorporeted herein by [his reference, unless otherwise agreetl to in writing bythe parties. The Term of this Agreement shall terminate on December 31 2008. 11. Ownershio and Use of Documents All documents, repotls, memoranda, diagrams. sketches, plans surveys, design calculations. working tlrawings antl any other materials crealetl or otheiwise prepared by the Provitler as part of his performance of ihis Agreement ([he "Work Products") shall be owned by antl become the pmpetly of the City, antl may be usetl by the City for any purpose benefcial to the Gity. 12. Records Msoection antl Audit All compensation payments shall be sublect to the adjusMents for any amounts fountl upon audit or othemise ro have been improperty invoicetl, antl a0 recoMs antl books of accounts pertaining lo any work pertormed untler [his Agreement shall be subject to Inspedion and autlit bythe City for a periotl of up to three (3) years fmm the final paymen[ for work performed under this Agreement. AGS-01J08 Jpnuery 18 ,2008 Page 3 0f 12 13. ConlinuationofPertormance In the event that any dispNe otconflict arises behveen the patlies while this Contract is in eRec[ the Pmvitleragrees thaf, nolwithslanding such dispute or nonflict, the Provider shall continue to make a gootl faith eHort to cooperate and continue work toward successful completion of assignetl tlu[ies antl responsibili[ies. 14. AdmnistrationofAOreement This Agreement shall be administered by Camell Shinaul, on behalf of the Provitler, antl by the Mayor of the City, or designee, on behalf of the City. Any writlen notices requiretl by the tertns of this Agreement shall be urved on or mailed to the following addresses: CiryofAUburn PeadBuildingSeroices Lisa Tomes, Facilities Supervisor Carnell Shinaul 25 W Main St 8201185'" Ave E Auburn, WA 98001-4998 Bonney Lake WA 98391 Phone2532883158 Phone253.826.8284 CeIL 253-261-0272 Cell: 2532345618 Fax: 253-8043116 Fax: 253.826.6284 E-mail: Itorms@auburnwa.gov E-mail: Camell_shinaul@comcast.net 15_ Notlces All notices or mmmunica[ions permitletl or requiretl to be given under thls Agreement shall be in writing antl shall be tleemetl to have been tluty given if tlelivered in person or depositetl in the Unitetl Stales mail, poslage prepaid, for mailing by cetlifed mail, reWm receipt requested, and atltlressed, if to a pahy of this Agreement, to the address for the party se[ forth above. Either party may change his, her or its atltlress by giving notice In writinq, sta[ing his, heror its new address, to the o[her patly, pursuant to the pmcetlure set forih above. 16. Insurance The Pmvider shall procure and maintain for the tluration of [his Agreement, insurance against claims (or injuries to persons or tlamage to pmpetly which may arise from or in conneclion with the pedormance of the work hereunder by the Pmvider.. orthe Providels agents. representatives. employees. or subconhactors. Providers maintenance of'msurance as requiretl by the Agreement shall no[ be wnsVUetl to limit the liability of the Provider to the mverage provitletl by such insurance, or othervuise limit the City's recourse to any remetly available at law or in equity. The Service Provitler shall obtain insurance of the rypes tlescnbed below: a. Au[omobile Liability Insurance, covering all owned non-owned, hiretl and leased vehicles. Coveraqe shall be wri¢en on Insurance Services Office acsaiaoe danuary 1e, moa aaee 4 onz (ISO) fortn CA 00 01 or a substiWte form provitling equivalent liability coverage. It necessary, the policy shall be endorsed to provide contrectual liability coverage. Provider shall main[ain automobile insurance with minimum combined single limit tor bodily injury antl property tlamage of $1,000,000 peraccitlent. b. Commercial Generel Liabiliry insurance shall be writlen on ISO occunence form CG 00 01 and shall cover liability arising from premises, operations, indepentlent contractors, pmduds-completed operetions, srop gap liability, personal injury, antl atlvetlising injury, antl liability assumed wder an insured contrad. The Commercial General Liability insurance shall be endorsed to pmvitle the Aggregate Per Prqect Entlorsement 180 fortn CG 250311 85. There shall be no entlorsement or modfication of ihe Commercial General Liability insurance for liability arising fmm explosioq collapse or undergrountl pmpetly damage. The Ciry shall be named as an insuretl underthe Contractor's Commemial Generel Liabiliry insurance policy wilh respect to the work pertortnetl for the City using ISO Additional Insured entlorsemenl GG 20 10 10 01 antl Adtlitional Insuretl-Completed Opemtions endorsement CG 20 37 10 01 or subs[iWte endorsements pmvitling equivalent coverage. Commercial Generdl Liability insurance shall be writlen with limits no less than $1,000,000 each ocwrrence, $2,000,000 general aggregate, antl a S2,000,000 pmtlucts-completed opemlions aqgregate limit. n Workers Compensation coverage as requiretl by the Industrial Insurance laws of the State of Washingion. The insurance policies are to contaiq or be entlorsed ro conlaiq the following provisions forAUromobile Liability and Commercial General Liabiliry insurance: a. The Pmvider's Insurenw coverage shall be primary insurance as respeas ihe City. Any insurance, sel4insurence, or insurance pool coverage mainfained by ihe Ciry shall be excess of the Pmvider's Insurance antl shall not wnfribute with i[. b. The Pmvidefs insurance shall be entlorsetl [o state that coverage shall not be cancelletl by either party, except afler 30 days prior written notice by certified mail, reWm receipt requested.. has been given to the City. Insurance is to be placetl with an authorizetl insurer in Washington State. The insurer must have a current A M. Best ra[ing of not less than A VII Provider shall furnish the Gity with certificates of insurence antl a copy of the amendatory entlorsements, including but not necessanly limited to the additional Insured entlorsemenl, evitlencing the Insurance requirements of ihe Provider before commencement of lhe work. A68-019aB Januery 1& 2008 Page 5 0112 17. IndemnificationlHOld Harmless The Pravitler shall defend, indemnify antl holtl the City antl ils offcers, officials, employees, antl volunteers harmless fmm any and all claims, injuries, tlamages, losses, or suits inclutling atlorney fees, arising out of or in connection with the peAormance o(this Agreement, excep[ for injuries antl tlamages caused bythe sole negligence of the City . Should a court of competentluristlic[ion tletermine that this Agreement is sublect lo RCW 424.115, theq in the event of liability for tlamages arising out of bodily injury to persons or tlamages to pmperty caused by or resWting Gom the concurrent ne9ligence of ihe Provitler and the City, its oflicers, offcials, employees, antl volunteers, lhe Pmviders liability hereuntler shall be only to the e#ent of the Pmvitler s negligence. It Is furiher specificalty antl expressly untlerstootl that the intlemnifica[ion pmvidetl herein wnstiNtes the Providers waiverof immunity under IndusVial Insurance, Title 51 RAW, solelyfor the puryoses of this indemnification. This waiver has been muNalty negotia[etl by the pahies. The provisions otihis section shall survive the expiration ortermination of this Agreement. 18. Assianmenl Neither party ro this Agreement shall assign any nght or obliqation hereunder in wholeorinpart,withoutlhepriorwriltenconsentoftheotherpartyherero. No assignment ortransfer of any interesi untler this Agreement shall be deemetl ro release the assignor fmm any Ilability or obliga[ion untler this Agreement, or to cause any such liability or obllgation to be reduced to a secondary liability or obliga[ion. 19. Nondiscrimination The Provitler may not discriminate regartling any services or activities to which this Agreemen[ may appty directly or thmugh conVacW al, hiring, or other arrangements on the grounds of race, coloq creeQ religion, national origiq sex, age, or where there is the presence of any sensory , mental or physical handicap. 20. Amentlment Motlification or Waiver No amentlment. motlification orwalver of any condition, provision or tertn of thls Agreement shall be valitl or of any eHect unless made in writing, signetl by the party or parlies ro be bountl, or such patlys or parties' duy aufhonzetl represanta6ve(s) and speclfying with pertiwlenty the naWre and extenl of such amendment,modificationorwaiver. Anywaiverbyanypatlyofanydefaultofthe other party shall nol affect or impair any right arising fmm any subsequent default. Nothing herein shall limit ihe remedies or rights of the parties hereto under antl pursuant to thls A9reement. 21. Tertn nafon antl Susoension Eilher patly may terminate [hlsl~qreement upon wrillen notice to lhe other patly If [he other party fails substantiallyto perform in accordance with the lerms of this Agreement thmuqh no fault of the patly terminating ihe Agreement. P'Sl10.00 lanuery18,2008 Page 6 of 12 The City may tertninate this Agreement upon not less than seven days written notice ro the Pmvitler if the services providetl tor herein are no longer needed Gom the Pmvider. If [his Agreement is terminated ihrough no fault of the Pmvider, the Provitler shall be compensatetl for services performed priorto [ermination in accordance with the rete of compensation provitletl in Exhibit "B" hereof. 22. Parties in Interest This Agreement shall be bintling upon, and the benefi[s antl obligations pmvided for herein shall inure to and bind, the patlies hereto and iheir respec[ive successors and assigns, provitled that this sec[ion shall not be deemetl m permit any[rensferorassignmentotherrviseprohibitetlbythisAgreement. This Aqreement is for the exdusive benefit of the patlies hereto antl it does not create a contractual relationship with or exisl for the beneft of any [hirtl parly, inclutling contractors. sub-conirecrors antl Iheirsureties. 21 Cosis [o Prevailina Partv In the event of such litigation or other legal actioq to enforce any nghts, responsibilities or obligations untler this Agreement the prevailing parties shall be entitled to receive Its reasonable msts antl attomey's fees. 24. Aoolicable Law Thls Agreement antl the rights of the parties hereuntler shall be govemed by antl inlerpreted in acwrtlance with the laws of the Sta[e of Washington and venue for any action hereunder shall be in ofthe county in Washington S[ate in which the praperty or pmject is located, and'rf not site specifc, then in Kinq Counry, Washinglon; provitled, however, ihat it is agreetl antl understood that any applicable staN[e of limitation shall commence no la[er than the substantial completion by the Provitler of the services. 25. C2ptiOf15 HE2dfIW dnd Titl¢5 All cap[ions, heatlings or tiHes in the paragraphs or sections of this A9reement are inserted for convenience of reference only antl shall not constiNte a part of this Agreement or ac[ as a limitation of the scope of the parlicular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the pNral and vice versa and masculine, feminine and neuler expressions shall be interchangeable. Interpretation or mnsWClion of thls A9reemen[ shall not be affected by any de[ermination as to who Is the drafter of this Agreement. ihis Agreement having been draf[ed by muWal agreement of the patlies. 26. Severable Provisions Each provision of this Agreement is intentletl to be severable. If any pmvision hereof is illegal or invalid for any reason whatsoeveq such illegality or Invalidiry shall not aftect the validity of the remainder of this Agreemen[. acsais-oe aenuary 1e, woe aeee 7 ar 12 27. EntreAareement This Agreemenl contains the entire understanding of the parlies herelo in respect to the hansaclions contemplated hereby and supersetles all prior agreements antl understandings between lhe patlies with respectto such subject matter. 28. Counteroahs This Agreement may be execuled in multiple counterparts, each of which shall be one and [he same Agreement and shall become eRective when one or more counteryarts have been signetl by each of the parties and delivered to the other patlY. IN W ITNESS WHEREOF, the patlies hereto have caused ihis Agreement fo be exewtetl effective the day and yearfirs[ set forth above. QTV B N Peter B. Lewis, Mayor AttesP. Danielle Daskam City Clerk App sto m: Title'. D iel B. Heitl, ' A ney PEARL BUILDING SERVICES SignaWre Name'. ~~6(vnP/zJ/7.//6J[. Title'. 6YX/7ZP// Si9naWre Name: nce-m9ae aanuery 18 moa Pege8ul12 AGREEMENT FOR SERVICES AG-S-079 (2008) EXHI6IT A SCOPE OF WORK Reauladv Scheduled Janitorial Work: Servica to be pmvitletl at SuoerMall Substa['on 1101 SuoerMallWav Auburn. WA $500.00 per montM1 Days of Servica: Thumda between 6:00 o.m. antl 5:00 a.m. Service ro be providetl at Mounta'n V'ew Ceme[erv 2020 Moun[ain View Or.. Auburn. WA E300.00 per month Days of Service'. SaNrtlay behveen: 600 o.mn antl 5:00 a.m. Service to ba pmvitletl at IS Oeoartmen[ Two ist SYreet Auburn WA $625.00 per montM1 Days of Service' Montlav. Wetlnestlav. Fritlav between. 8'00 o.m. antl 5:00 a.m. Sernce ro be pmvitletl at 2905 C Stree[ Auburn WA $1500.00 per montM1 Days of Sarvice'. Montlav - Fritlav between: 8'00 o.m. antl 5:00 a.m. Onetimeserviceofsaub/seal/waxnewVCTlnKitcM1en 200.00 OnetimeserviceforcarpetexUaaionotallcarpetedareas 1000.00 Onetimeserviceofscmbbingrestroomtilefloors 200.00 Service to be pmvitletl at Auburn TM1eatre10 Auburn Ave Auburn WA $250.00 per man[M1 Days of Service'. 1s[ antl 3rtl Wetlnestlay of lM1e montM1 beMUeen' 600 o.um antl 5:00 a.m. Service ro be pmvidetl at. Aubum Golf Course 29630 Green River Roatl. Rubwn. WA E1,650.00 per month Days of Service' ]tlays perweak (axclutlin9 Chris[mas) rervice time' 6:45am. Lobbv. Halis 8 Offioes Low dusting of all surfaces tlaily Clean 8 tlisinfed tloors daity Ham iloors dust moppea aaity Ham noors aamp mopoed dauy Vacuum carpetea traKC ways aaiiy Empty garbage & recycling bins tlaily Vaouum etlges 8 comars eekly LowBhlgM1tlustingotellsurtaces aekly Changeliners eeded Spot dean 91ass as needetl AG-&019OB 6MbttA, $cope af W oM Pega 9 0112 Restrooms. qean & disinfed floors Clean & tllsintect toilet Clean 8 tlisinfectsink Clean & Olsinfectminor Empty garbage cans Clean antl polish metal Stock soap 8 paper pmtluds Low 8 M1igM1 tlusting oi all surtaces Changeliners Break mom. Low dusting ofallsurtaces 8 untler counter Empty all garbage & reqde bins HigM1 dusling of all surtaces HarO floors aust moppetl Hara iloors aam0 mopped Vacuum Vafflcways Cleen & disinied sink Stocksoap& paperprotlucts qean 8 tlisinfevl exferior of appllances Vacuum etlges & wrners Clean 8 tllsinfect exterior of cabine[s Spot clean glass CM1angesllners daily daily daily daily daily daily daily daily W l as nee detl daily daily daily daily daily daily daily weekly weekly weekly e tletl as neetletl Service lo be proNded aC Auburn Oinner Thea[re 10 Auburn Ave. Aubum. WA E70.00 perservice -estimatetl evenisfor20081s 192fora rotalofE13,460.00 Days of Service. As neetletl Service ro be pertormetl be~ween: Conclusion of event In addi[ion ro[he scope of work ou111ne0 above, [M1e following work will be required Sealno & Lobbv. Vacuum lobby Vacuum all carpet in theatre seating area Damp mop sta9e area Demp mop seatiqq area to tM1e rear of [ha tM1eater Empty all trasM1 and aM1ange Ilners as neetletl Cleanlobby gless All IaOOr, equlpment antl cM1emloals will be suppliad by tM1e contrector_ A(T401908 C-AtlbtlA.Swpe of W oh Pqqvl0of 12 OrnCall Janitorial Work Service tobeproviOetlaC Locafon(s) 'tlenHfetlatfineMinitialcalltorsuooort Days of Service' On an as-naetletl basis Service typicalty to be pertormetl bebueen' 4 :30 o.m. antl 1:00 a.m. Provltle on-call janitonal services on an as needed basis to augment Cifyjanitorial staff a[ other Clty facillfies. TheCitywillprovideallcleaningsuppliesantlequipmentforon-callworkers. AGS-01&Otl [.M1lbit 0. eaoPe of won Pe9e 11 af 12 AGREEMENT FOR SERVICES AG-S-079-08 EXHIBIT B FEES Pmviderwillrnnductlhose regularly-schetluledlanitorialservices as established andin acwNance with the schetlule on Exhibit A of this agreemenl. Provitler will supply on-wll janilorial services for [wenty-fve dollars ($25.00) per hour. qo-emsan E,nmv e. Faes asqe 12 of iz