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HomeMy WebLinkAbout052-25 - SMS Cleaning, Inc. - ContractDocusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A Port Orchard Contract #:052-25 Authorized Amount: $ 63,962.36 Date Start: 7/1/2025 Date End: 7/1/2026 e1 .1 14 ►Ti 14 ► > t 9 101 V 9 :4Y4 [4] 1.1.1 THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation ("City") and SMS Cleaning, Inc. organized under the laws of the State of Washington, located and doing business at 3118 Judson St. Unit 889, Gig Harbor, WA 98335 (hereinafter the "Contractor"). RECITALS: WHEREAS, the City has determined it needs to have certain services performed for its residents but does not have the manpower, resources, or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the Parties hereto agree as follows: AGREEMENT: 1. Scope and Schedule of Services to be Performed by Contractor. A. Contractor shall perform those services described on Exhibit "A," ("Scope of Work") which is attached hereto and incorporated herein by this reference as if set forth in full. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. B. Unless otherwise specified in the attached Scope of Work, all tools, equipment, supplies, chemicals or any other materials necessary for the completion of the services described in the Scope of Work shall be provided by the Contractor. C. The Contractor shall report any known or discovered damage or potential hazard involving City property immediately to the City of Port Orchard Public Works Department or, in the case of an emergency, by calling 911. Hazardous conditions shall be immediately remedied or secured by the Contractor to prevent further damage and/or to protect the public from injury. D. Any incidents, accidents, or altercations with members of the public or with City staff shall be immediately reported to the City of Port Orchard Public Works Department. The City's Public Works Director may require a written report describing the incident or accident. City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updetcd 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A E. The Contractor shall remedy, in a timely manner, and at its expense, any damage to City property due to the negligence of the Contractor or the Contractor's employees. F. Contractor acknowledges and understands that it is not the City's exclusive provider of these services and that the City maintains its unqualified right to obtain these services through other sources. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. 2. Time of Completion. Upon the Effective Date of this Agreement, Contractor shall complete the work and provide all goods, materials, and services described in the scope of work in accordance with the Schedule attached to this contract as Exhibit "A". 3. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rates and methods set forth below. U LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ , including applicable Washington State Sales Tax, for the services contemplated in this Agreement. X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $63,962.36 per year, including applicable Washington State Sales Tax, without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." OTHER All invoices shall be paid by City warrant within thirty (30) days of receipt of a complete invoice. If the City objects to all or any portion of any invoice, it shall so notify the Contractor of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized goods, materials, or services. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorneys' fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updetcd 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A B. Final Payment: Waiver of Claims. CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. Prevailing Wages. The Contractor shall pay prevailing wages as required by law and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall submit — on behalf of itself and each and every Sub -Contractor — a "Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of Labor and Industries (See link below.) Following the final acceptance of the work, or termination of this Agreement, whichever occurs last, the Contractor must submit — on behalf of itself and every Sub -Contractor — an "Affidavit of Wages Paid" for final payment. Final payments shall be made in accordance with the requirements of Chapter 39.12 RCW. Refer to https://Ini.wa.gov/licensing-permits/public-works-protects/prevailing-wage-rates/ for Washington State Prevailing Wage rates. 5. Changes. The City may issue a written amendment for any change in the goods, materials, or services to be provided during the performance of this Agreement. If the Contractor determines, for any reason, that an amendment is necessary, Contractor must submit a written amendment request to the person listed in the Notice section of this Agreement within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the Parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Contractor fails to require an amendment within the time allowed, the Contractor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the amended work; however, the Contractor may elect to protest the adjustment as provided in Subsection A through E of the "Claims" Section 6 below. The Contractor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section or Section 6 provides. An amendment that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and materials and for direct, indirect, and consequential costs, including costs of delays related to any work, either covered or affected by the change. 6. Claims. If the Contractor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updetcd 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED I YaI:fita114W-1 'N A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 7. Limitation of Actions. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updalcd 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A THE CONTRACT WORK IS COMPLETE (OR THIS AGREEMENT TERMINATES, WHICHEVER EVENT OCCURS FIRST) OR CONTRACTOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. 8. Duration of Agreement; Extensions. This Agreement shall be in full force and effect for an initial term commencing July 1, 2025, and ending June 30, 2026, unless sooner terminated as provided in Section 18 "Termination." Time is of the essence in all provisions of this Agreement in which performance is required. This Agreement may be extended by the City for up to two (2) additional one- year terms, for a total possible term of three (3) years. Any extension shall be at the sole discretion of the City and shall be confirmed in writing prior to the expiration of the then -current term. Contract rates shall remain firm during the initial one-year term. Any proposed adjustments for subsequent renewal terms must be submitted in writing by the Contractor and approved in writing by the City as part of the extension process. The City reserves the right to periodically review the Agreement to ensure the continued quality and performance of services provided by the Contractor. 9. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Contractor in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Contractor understands that this Agreement is with a government agency and thus all records created or used in the course of Contractor's work for the City may be considered "public records" and be subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Contractor agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Contractor, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Contractor to search its files for responsive records, Contractor agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 10. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. As the Contractor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -contractor of the Contractor shall be or shall be deemed to be the employee, agent, representative or sub -contractor of the City. In the performance of the work, the Contractor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updel,d 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Contractor performs hereunder. 11. Standard of Care. The Contractor represents and warrants that it, and the Contractor's employees, have the requisite training, skill and experience necessary to provide the services under this Agreement and are appropriately accredited and licensed by all applicable agencies and governmental entities. Contractor further warrants that it has or will have a valid Port Orchard business license during the entire time that this Agreement is in effect. Services provided by the Contractor and the Contractor's employees under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. The Contractor and the Contractor's employees shall conduct themselves in a professional manner at all times when on site. The Contractor's employees shall wear clothing and/or a uniform which clearly identifies them as an employee of the Contractor. The Contractor further represents and warrants that it shall provide proper supervision for any employees utilized to perform the services herein and shall ensure that all employees are properly trained and qualified. The Contractor shall ensure that all workplace safety requirements of state or federal law are strictly observed at all times. The Contractor warrants that all employees have been trained to comply with state and federal standards (including but not limited to standards for handling chemicals, WISHA and OSHA) relevant to the duties to be performed in accordance with the Scope of Work. 12. Indemnification. A. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. C. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. D. The provisions of this section shall survive the expiration or termination of this Agreement. City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updel,d 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A 13. Insurance. The Contractor shall procure and maintain for the duration of the 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 Contractor, its agents, representatives, or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (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. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. 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. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A -VII. E. Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Notice of Cancellation. The Contractor shall provide the City with written notice of any City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updetcd 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. H. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 14. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 15. City's Right of Inspection and Audit. A. Even though the Contractor is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 16. Contractor to Maintain Records to Support Independent Contractor Status. On the effective date of this Agreement (or shortly thereafter), the Contractor shall comply with all federal and state laws applicable to independent contractors including, but not limited to the maintenance of a separate set of books and records that reflect all items of income and expenses of the Contractor's business, pursuant to the Revised Code of Washington (RCW) Section 51.08.195, as required to show City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updel,d 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A that the services performed by the Contractor under this Agreement shall not give rise to an employer - employee relationship between the Parties which is subject to RCW Title 51, Industrial Insurance. 17. Work Performed at the Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -contractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Contractor for use in connection with the work. 18. Termination. The City reserves the right to terminate or suspend this Agreement at any time, with or without cause, upon seven (7) days' prior written notice. In the event of termination or suspension, all finished or unfinished documents, data, studies, worksheets, models, reports, or other materials prepared by the Contractor pursuant to this Agreement shall promptly be submitted to the City. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Contractor's insolvency or bankruptcy, or the Contractor's assignment for the benefit of creditors. B. Termination with cause. The Agreement may be terminated upon the default of the Contractor and the failure of the Contractor to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Contractor pursuant to this Agreement shall be submitted to the City, and the Contractor shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Contractor shall not be entitled to any reallocation of cost, profit or overhead. The Contractor shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Contractor shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. ii. Default. If the Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updel,d 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A C. Cancelation of Contractor's Insurance. This Agreement may be canceled immediately if the Contractor's insurance coverage is canceled for any reason, or if the Contractor is unable to perform the services called for by this Agreement. D. Termination by Contractor. The Contractor reserves the right to terminate this Agreement with not less than fourteen (14) days written notice, or in the event that outstanding invoices are not paid within sixty (60) days. E. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Contractor's reasonable expenses and shall be subject to verification. The Contractor shall resume performance of services under this Agreement without delay when the suspension period ends. F. Notice of Termination or Suspension. If delivered to the Contractor in person, termination shall be effective immediately upon the Contractor's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Contractor in writing upon one week's advance notice to the Contractor. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Contractor at the address set forth in the Notice Section herein. G. The provisions in this Section shall not prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 19. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. 20. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor under this Agreement, on the basis of race, color, religion, creed, sex, sexual orientation, age, national origin, marital status, presence of any sensory, mental or physical disability, or other circumstance prohibited by federal, State or local law or ordinance, except for a bona fide occupational qualification. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updel,d 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A 21. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Contractor and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 22. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. Any assignment made without the prior approval of the City is void. 23. Entire Agreement. This Agreement contains the entire agreement between the Parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the Parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either Party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 24. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 25. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 26. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be send to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIlace@cityofportorchard.us City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updel,d 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A Notices to the Contractor shall be sent to the following address: Phone No.: Email: 27. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the Parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Contractor under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Contractor does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 28. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income - City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updel,d 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 29. Non -waiver of Breach. The failure of either Party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updel,d 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A 30. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. 31. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and the Contractor, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement as of the dates listed below. CONTRACTOR: Signed by: BY: Jin So 25515A6749AE434... Title: Manager Date: 6/17/2025 City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updetcd 4/2022 IBDR 1572422.1-366922-0039 CITY OF !OTbyORCHARD: igneBY: �� P4MJA SW �5fS47B... Robert Putaansuu Mayor 7/3/2025 Date: ATTEST/AUTHENTICATE: LSigned by: AI LLLw dfiA5A95RRllnndlA Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Signed by: 7n,17n 1F7557nd57 Port Orchard City Attorney's Office Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A APPENDIX A During the performance of this Agreement, the Vendor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to - ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and SMS Cleaning, Inc For: Janitorial Services 2025 Updel,d 4/2022 IBDR 1572422.1-366922-0039 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A BIDDER'S QUALIFICATION FORM CITY OF PORT ORCHARD Custodial Services 1. Name of Contractor: SMS Cleaning, Inc. Address: 3118 Judson St. Unit 889, Gig Harbor, WA 98335 2. Telephone No. (206 ) 529-7076 Fax No.: ( ) N/A Email Address: kyonghoon@smscleaning.net 3. Washington State Dept. of Labor and Industries Worker's Compensation Account No.: 84346602 4. Washington State Dept. of Licensing Contractor's Registration No. 602016570 Expiration Date: 2/2026 5. Washington State Uniform Business Identifier No. 602-016-570 (Must have UBI number before the contract is awarded.) 6. Number of years engaged in contracting business under above name: 25 years 7. At the time of bid submittal, did the contractor have a certificate of registration in compliance with Chapter 18.27 RCW? Yes 8. Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? Yes 9. Does the contractor have an employment security department number as required in Title 50 RCW? (provide number): 000141121005 10. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide number): 91-2044262 11. Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)? No 12. Has the contractor received training on the requirements related to public works and prevailing wage under chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f) Yes 13. Within the three-year period immediately preceding the date of the bid solicitation, was the contractor (determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW? No City of Port Orchard Custodial Services, Project No.PW2025-014 9 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A 14. Has the contractor violated the "Off -site Prefabricated Non -Standard Project Specific Items" reporting requirements more than one time as determined by the department of labor and industries? No 15. Particular types of construction performed by your company: Complete Janitorial Services of multiple buildings including entrances, show rooms, floors, offices, and service areas including general cleaning, strip, seal, floor waxing, carpet shampoo, detailed restroom maintenance, and exterior and interior window cleaning. 16. Gross amount of contracts now on hand: $ 2.4 million dollars 17. List similar recent construction projects that your firm has done in the last 5 years: Amount Type Owner's Name Phone Our firm does not have any construction project experience. Please see attached for our references for our janitroial work. City of Port Orchard Custodial Services, Project No.PW2025-014 10 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A 18. What is the construction experience of the principal individuals to be assigned to this project? Years of Construction Name Title Experience Availability Pursuant to RCW 39.06.020, the contractor further agrees to verify responsibility criteria for each of its subcontractors and to require each of its subcontractors to both verify responsibility criteria for its subcontractors and include instant condition for verification requirement. NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible and will be rejected by the City. By: Kyong Hoon 66/L (Auth rinature) Title: Manager Date: 5/14/2025 City of Port Orchard Custodial Services, Project No.PW2025-014 11 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to the provisions of this declaration. By: (Authorized Signature) Title: Manager City of Port Orchard Custodial Services, Project No.PW2025-014 12 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A EXHIBIT A EXHIBIT A - SCOPE OF SERVICES MAINTENANCE HOURS City facilities are available as follows: 1. City Hall A. 1st floor is available for cleaning Monday thru Friday between 8:00 am to 4:30 pm. B. 2nd floor is available for cleaning Monday thru Friday between 6:00 pm to 8:00am. C. 3rd floor is available for cleaning Monday thru Friday between 6:00 pm to 8:00 am, except for City Council Meetings on the 2"d, 3rd, and 4th Tuesday's. On those nights the Council Chambers is unavailable until 10:00 pm. 2. Department of Community Development Available for cleaning Monday thru Friday between 6:00 pm to 8:00 am. 3. Public Works Shop Available for cleaning Monday thru Friday between 6:00 pm to 8:00 am. 4. Active Club Available for cleaning Monday thru Friday between 9:00 pm to 8:00 am. 5. Greenwood Building A. 101 is available for cleaning Monday thru Friday between 6:00 pm to 8:00 pm B. 201 is available for cleaning Monday thru Friday between 8:00 am to 4:30 pm. Services shall not be performed on the following observed holidays. When a holiday falls on a regular cleaning day, services shall be performed on the next scheduled cleaning day. Any holiday falling on Saturday will be observed on the preceding Friday. Any holiday falling on Sunday will be observed on the following Monday. • New Year's Day • Martin Luther King Jr. Day • President's Day • Memorial Day • Juneteenth • 4th of July • Labor Day • Veteran's Day • Thanksgiving Day • Day after Thanksgiving • December 25th 13 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A EXHIBIT A AREAS TO BE CLEANED 1. City Hall A. 1" floor (Police Department) All lobby/common areas, restrooms, kitchen/breakrooms, locker rooms, office areas except for locked rooms and the evidence room B. 2"d floor (Public Works/Finance/Clerks Departments) All areas except locked rooms C. 3rd floor (Courts/Council Chambers) All areas 2. Department of Community Development All areas 3. Public Works Shop All areas except garage 4. Active Club All areas — main floor 5. Greenwood Building (101,201) All areas — 101 and 201 only CLEANING SCOPE OF WORK All Buildings except for Active Club Five days a Week: 1. Empty all waste receptacles. Replace plastic liners as needed — any liner with food on it shall be replaced. 2. Empty all recycling containers. 3. Pick up debris from immediate exterior of entrance to buildings. 4. Damp clean lunchroom tables and counters using sanitizer. 5. Clean and sanitize all sinks and countertops in kitchens/breakrooms. Three days a week: 1. Vacuum carpeted areas moving chairs and garbage cans (anything light and easy to move) including under desks and put back items moved. All visible dirt, dust and soil to be removed. 2. Spot clean carpet areas to remove spilled or soiled spots or as needed. 3. Dust, sweep or mop all hard flooring or as needed. One day a week: 1. Sanitize and polish all drinking fountains 2. Clean interior and exterior glass doors on all building entrances. 3. Remove fingerprints from doors, frames, light switches, kick and push plates, handles, and railings. 4. Stairs — Sweep/damp mop/vacuum (as appropriate). For non -concrete, finished steps, remove visible marks as needed. Restroom/Locker Rooms NOTE: Cleaning tools used in restrooms shall not be utilized in general office and other areas (i.e., 14 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A EXHIBIT A rags, mops, sponges, gloves, etc.) 5 days a Week 1. Using a germicidal cleaner, clean and sanitize all restroom fixtures including, but not limited to, toilet seats, toilet bowls, urinals and sinks. 2. Damp wipe and polish glass and mirrors. 3. Clean and sanitize all flush rings, drain and overflow outlets. 4. Clean and polish all chrome fittings. 5. Damp wipe all counters, doors, etc. using a germicidal cleaner. 6. Remove fingerprints from doors, frames, light switches, kick and push plates, handles, etc. 7. Remove spots, stains and splashes from wall area adjacent to hand basins. 8. Damp mop all floors using germicidal cleaner. 9. Refill all dispensers. 10. Empty all containers and disposals and insert liners as required. 11. Empty and sanitize interior of sanitary containers. Weekly 1. Wash and sanitize exterior of all dispensers and containers 2. Ensure floor and p -trap drains are flushed to remove stagnated water. Monthly 1. Spot clean all walls, doors, and partitions 15 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A EXHIBIT A Active Club 2 days a Week: 1. Dust, sweep and/or mop all hard flooring. 2. Clean and sanitize all sinks and countertops in kitchen. Restroom/Locker Rooms 5 days a Week NOTE: Cleaning tools used in restrooms shall not be utilized in general office and other areas (i.e., rags, mops, sponges, gloves, etc.) 1. Using a germicidal cleaner, clean and sanitize all restroom fixtures including, but not limited to, toilet seats, toilet bowls, urinals and sinks. 2. Damp wipe and polish glass and mirrors. 3. Clean and sanitize all flush rings, drain and overflow outlets. 4. Clean and polish all chrome fittings. 5. Damp wipe all counters, doors, etc. using a germicidal cleaner. 6. Remove fingerprints from doors, frames, light switches, kick and push plates, handles, etc. 7. Remove spots, stains and splashes from wall area adjacent to hand basins. 8. Damp mop all floors using germicidal cleaner. 9. Refill all dispensers. 10. Empty all containers and disposals and insert liners as required. 11. Empty and sanitize interior of sanitary containers. Weekly 1. Wash and sanitize exterior of all dispensers and containers. 2. Ensure floor and p -trap drains are flushed to remove stagnated water. Monthly 1. Spot clean all walls, doors, and partitions. ALL FACILITIES When quarterly and yearly tasks are completed, verification of completion form will need to be submitted to the Public Works Office. QUARTERLY TASKS 1. Dust the tops of all office partitions. 2. Dust and clean customer service countertops unless covered with papers, all furniture including chairs, tables, filing cabinets, bookcases, shelves, windowsills, door frames, picture and artwork frames, molding and counters. 3. Remove dust and cobwebs from ceiling areas. 4. Dust or vacuum all supply and return air grilles and diffusers to remove all visible dust and dirt. YEARLY TASKS 1. Clean, in appropriate manner (vacuum, wash, dust), all window blinds. 2. All hard floors in areas designated to be cleaned whether linoleum, tile or terrazzo, shall be stripped, sealed and waxed. 3. Window Cleaning — All interior windows. 4. Window Cleaning — Exterior. For City Hall, it will be the 15Y and 2 ground floor windows only 16 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A PROPOSAL SMS Cleaning, Inc. Company Name 3118 Judson St. Unit 889, Gig Harbor, WA 98335 Address Kyong Hoon Contact Name 206-529-7076 kyonghoon@smscleaning.net Telephone Number Email 84346602 Washington State Labor & Industries Worker's Compensation Account Number 602-016-570 Unified Business Identifier Number (UBI) 000141121005 Employment Security Department (Unemployment) Number Has the contractor received training on the requirements related to public works and prevailing wage under chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f)? ® Yes ❑ No Identification of Business Organization: The firm, by checking the applicable box, represents that it operates as: Igl a corporation incorporated under the laws of the State of Washington ❑ an individual doing business as ❑ a partnership (identify all partners on a separate page, attached) ❑ a joint venture (identify all joint ventures on a separate page, attached) ❑ other (please specify) Proposer offer to provide the following janitorial services per the specifications contained herein: The City of Port Orchard is requesting Quote Proposals to hire a janitorial firm to clean City facilities per the specifications. Materials used for cleaning must meet the approval of the Operations Manager. The successful firm shall furnish all labor, materials, and cleaning equipment. Quote proposal shall be based on the cleaning frequency established in this proposal. 17 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A SUPPLIES CITY HALL 216 Prospect Street • Monthly Monthly charge for City Hall janitorial services per the schedule listed in Exhibit A — to include all labor, taxes, cleaning equipment and supervision (prevailing wages) • Quarterly Quarterly charge for City Hall janitorial services listed under "Quarterly" in Exhibit A —to include all labor, taxes, cleaning equipment and supervision (prevailing wages) • Yearly Yearly charge for City Hall janitorial services listed under "Yearly" in Exhibit A — to include all labor, taxes, cleaning equipment and supervision (prevailing wages) City Hall Yearly Grand Total Cost Actual Charge Quantity $ 2,550.00 12 $ 500.00 $1,000.00 4 Markup (max 10%) 10 $ 30,600.00 $ 2,000.00 1 $1,000.00 $ 33,600.00 Yearly Total 18 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A DEPARTMENT OF COMMUNITY DEVELOPMENT 720 Prospect Street • Monthly Monthly charge for City Hall janitorial services per the schedule listed in Exhibit A — to include all labor, taxes, cleaning equipment and supervision (prevailing wages) • Quarterly Quarterly charge for City Hall janitorial services listed under "Quarterly" in Exhibit A —to include all labor, taxes, cleaning equipment and supervision (prevailing wages) • Yearly Yearly charge for City Hall janitorial services listed under "Yearly" in Exhibit A — to include all labor, taxes, cleaning equipment and supervision (prevailing wages) Department of Community Development Yearly Grand Total $ 475.00 $185.00 $ 600.00 Charge Quantity 12 4 $ 5,700.00 $ 740.00 1 $ 600.00 $ 7,040.00 Yearly Total 19 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A PUBLIC WORKS SHOP 1535 Vivian Court • Monthly Monthly charge for City Hall janitorial services per the schedule listed in Exhibit A — to include all labor, taxes, cleaning equipment and supervision (prevailing wages) • Quarterly Quarterly charge for City Hall janitorial services listed under "Quarterly" in Exhibit A — to include all labor, taxes, cleaning equipment and supervision (prevailing wages) • Yearly Yearly charge for City Hall janitorial services listed under "Yearly" in Exhibit A — to include all labor, taxes, cleaning equipment and supervision (prevailing wages) Public Works Shop Yearly Grand Total $ 475.00 $185.00 $ 600.00 Charge Quantity 12 $ 5,700.00 4 $ 740.00 1 $ 600.00 $ 7,040.00 Yearly Total 20 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A ACTIVE CLUB 1025 Tacoma Avenue • Monthly Monthly charge for City Hall janitorial services per the schedule listed in Exhibit A — to include all labor, taxes, cleaning equipment and supervision (prevailing wages) • Quarterly Quarterly charge for City Hall janitorial services listed under "Quarterly" in Exhibit A — to include all labor, taxes, cleaning equipment and supervision (prevailing wages) • Yearly Yearly charge for City Hall janitorial services listed under "Yearly" in Exhibit A — to include all labor, taxes, cleaning equipment and supervision (prevailing wages) Active Club Yearly Grand Total $ 720.00 $ 300.00 $1,000.00 Yearly Total for All Facilities (add all the Yearly Grand Totals from above) Charge Quantity 12 $ 8,640.00 4 $1,200.00 1 $1,000.00 $10,840.00 $ 58,520.00 Yearly Total 21 of 36 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A ACKNOWLEDGEMENTS CITY OF PORT ORCHARD Custodial Services PUBLIC WORKS PROJECT NO. PW2025-014 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: M¼ k s/'I / zs Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: "1 certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: ,/' 4 i, Date: Printed Name and Title: Location or Place Executed (City, State): cO , f c tr lJ�� or I P Business Address: Business Telephone: sc u', c?k W� ' J - NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Any signature must be notarized below. City of Port Orchard Custodial Services, Project No.PW2025-014 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A STATE OF ss. COUNTY OF D C___ I certify that I know or have satisfactory evidence that b signed this proposal, ��,on oath stated that they are authorized to execute the propo al and acknowledged it as the t� i (title) o€ SyLl i ,..,t, (name of party on behalf o whom proposal was executed) and acknowled ed it to be their free and voluntary act for the uses and purposes mentioned in this proposal. Dated this day of MN 2021 . SAMANTHA WALLACE Notary Publi Notary Public V3 State of Washington Ol rn a na c&t cQ- Commission # 25007418 My Comm. Expires Dec 29, 2028 Printed Name My Commission Expires: 2 2G City of Port Orchard Custodial Services, Project No.PW2025-014 Docusign Envelope ID: 195BFC7C-34CF-4420-9CAF-D7BA9265308A SMS SMS Cleaning, Inc. References 1. Washington State Department of Transportation 5720 Capitol Blvd. SW Olympia, WA 98504 Scott Woodruff Olympic Region Maintenance Budget & Facilities Manager Work Phone - 360-357-2611 Cell Phone - 360-349-1180 WoodruS@wsdot.wa.gov Complete janitorial service of multiple buildings including general cleaning, strip, seal, floor waxing, carpet shampoo, detailed restroom maintenance, and interior/exterior windows 2. Hinshaw's Auto 2605 Auburn Way N, Auburn WA 98002 Andrew Primis Facilities Manager Cell Phone - 360-239-7011 aprimis@gmail.com Complete janitorial service of multiple buildings including entrances, show rooms, and floors, offices and service areas including general cleaning, strip, seal, floor waxing, carpet shampoo, detailed restroom maintenance, and interior/exterior windows. 3. O'brien Auto Group 1602 40th Ave. Court East Fife, WA 98424 David Kreg Manager Work Phone - 253-365-6672 Cell Phone - 253- 576-1475 dkreg@volvooftacoma.com Complete janitorial service of multiple buildings including entrances, show rooms, and floors, offices and service areas including general cleaning, strip, seal, floor waxing, carpet shampoo, detailed restroom maintenance, and interior/exterior windows. When Image Count Docusign Envelope ID: 195BFC7C-34OF-4420-9CAF-D7BA9265308 We have over 30 years of experience in providing exceptional janitorial services throughout Washington State for both governmental and commercial customers. We provide complete janitorial service of multiple buildings including general cleaning, strip, seal, floor waxing, carpet shampoo, detailed restroom maintenance, and interior/exterior windows. We have done disinfecting of buildings for COVID-19 for several of our clients. We are confident that our company will be able to carry out what is listed in the scope of work. Financially, we are very stable. Currently we have unlimited credit with the vendors that supply for our company. General Cleaning ✓ Dusting ✓ Mopping ✓ Kitchen ✓ Vacuuming ✓ General Sanitation Carpet Care V Carpet cleaning is necessary to remove allergens, stains, dirt, and other unwanted materials from carpets Covid-19 Cleaning ✓ we use a powerful, patented decontaminate, and cleaning solution that neutralizes both biological and chemical contaminants. Hard Floors ✓ Resilient Floors ✓ Marble ✓ Granite ✓ Slate Wood Flooring ✓ Solid Wood ✓ Parquet ✓ Engineered ✓ Laminated Wood Tiles ✓ Routine Cleaning ✓ Restorative Cleaning ✓ High Pressure Cleaning ✓ Porcelain Tiles General Janitorial Services Full Service Floor Care Stripping, sealing, buffing, and waxing Interior and Exterior Cleaning Green Cleaning • III' CAGE: 3GQ091 UEI: C7KHY8ZPJBA8 Gov. Bus. POC: Kyong So x---.� Phone: (206) 529-7076 or (206)992-8139 E-Mail:kyonghoon@smscleaning.net, jinso@smscleaning.net Address: 3118 Judson St. Unit 889 Gig Harbor, WA 98335 Work Area: Washington State Socio-Economic Status: MBE, Small Business NAICS: 561720(P),561740 PSC: 5201, 5299, Z1AA ✓ Over 30 years of experience ✓ Service small and large buildings (over 400,000 square feet) and have experience cleaning schools, churches, warehouse, medical labs, car dealerships, gyms, office buildings, etc. ✓ Management team on call 24/7 ✓ Work with numerous government agencies ✓ On the DES Master contract ✓ Family owned business, so we treat our customers like family. ✓ Minority owned business .. Washington State Department of Transportation rDate(s): 2005 -Present I Value: $897,000 A Details: Complete janitorial service of multiple WSDOT buildings including general cleaning, strip, seal, floor waxing, carpet shampoo, detailed restroom maintenance, and interior/exterior windows 4J Hinshaw's Auto Date(s): 2010 -Present I Value: $128,880 Details: Complete janitorial service of multiple buildings including entrances, show rooms, and floors, offices and service areas including general cleaning, strip, seal, floor waxing, carpet shampoo, detailed restroom maintenance, and interior/exterior windows. O'brien Auto Group O' EN Date(s): 1996 -Present I Value: $3.3 Million Details: Complete janitorial service of multiple buildings including entrances, show rooms, and floors, offices and service areas including general cleaning, strip, seal, floor waxing, carpet shampoo, detailed restroom maintenance, and interior/exterior windows. Kitsap Transit Date(s): 2020 -Present I Value: $244,102 Details: Complete janitorial service of multiple buildings including general cleaning, strip, seal, floor waxing, carpet shampoo, detailed restroom maintenance, and interior/exterior windows.