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HomeMy WebLinkAbout016-14 - ABM Industries Inc. - ContractCITY OF PORT ORCHARD ORDINARY MAINTENANCE CONTRACT NO.016- 14 THIS Agreement is made effective as of the I" day of January, 2014, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Timothy Matthes and ABM Janitorial Services 1201 South 30t' Street Tacoma, WA 98409 Contact: To Be Determined Tax Id No.: 94-2994894 Phone: 360.876.4407 Fax: 360.895.9029 ("VENDOR") Phone: 253-383-4484 Fax: 253-383-7272 for ordinary maintenance services performed by contract in connection with the following: 2014 Janitorial Services (PROJECT') TERMS AND CONDITIONS 1. Services by Vendor A. Vendor shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Vendor shall not exceed the Scope of Work without prior written authorization from the City. B. This Agreement shall be in full force and effect for a period running from January 1, 2014 through December 31, 2014, unless sooner terminated under the provisions of this Agreement. Provided, however, the City has the right to extend the duration of this Contract upon 30 days written notice to Vendor. The terms of any Contract extension shall be subject to mutual agreement. The total duration of the Contract shall not exceed 5 years from the initial Contract date of January 1, 2014. C. Unless otherwise specified in the attached Scope of Work, all tools, equipment, chemicals, or any other materials necessary for the completion of the services described in the Scope of Work shall be provided by Vendor. D. Vendor shall report any 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 City of Port Orchard and ABM Janitorial Services Ordinary Maintenance Contract No. 016-14 1 of 8 911. Hazardous conditions shall be immediately remedied or secured by Vendor to prevent further damage and/or to protect the public from injury. E. Any incident, 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. F. Vendor shall remedy, in a timely manner, and at its expense, any damage to City property due to Vendor or Vendor's employees' negligence. G. The City may require Vendor's employees who work on site to be subject to drug testing and/or criminal background checks. H. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work A. Vendor shall perform the services described in the scope of work in accordance with the Schedule attached to this contract as Exhibit "A." If delays beyond Vendor's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Vendor is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Compensation TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $67,777.60 (plus additional cost of limited supply items described in Exhibit "A") without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "A." 4. Payment A. Vendor shall maintain time and expense records and provide them to the City monthly, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper invoice. C. Vendor shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. If the services rendered do not meet the requirements of the Agreement, Vendor will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. City of Port Orchard and ABM Janitorial Services Ordinary Maintenance Contract No. 016-14 2of8 5. Discrimination and Compliance with Laws A. Vendor agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Vendor shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. C. Vendor shall comply with all health and safety regulations under federal, state, and local laws and ordinances applicable to the work to be done under this Agreement D. Vendor shall comply with prevailing wage requirements. See Prevailing wage Addendum. E. The Vendor's employees shall be fully covered under Washington State Worker's Compensation and Unemployment Insurance at all times during the term of this contract. The Vendor's employees or agents shall in no way be considered employees of the City at any time during this contract. F. Vendor shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. G. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 6. Suspension and Termination of Agreement A. This Agreement may be terminated by the City at any time upon the default of the Vendor or upon public convenience, in which event all finished or unfinished documents, reports, or other material or work of Vendor pursuant to this Agreement shall be submitted to City, and Vendor 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. Vendor shall not be entitled to any reallocation of cost, profit or overhead. Vendor shall not in any event be entitled to anticipated profit on work not performed because of such termination. Vendor shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. If the Agreement is terminated for default, the Vendor 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 Vendor. The Vendor 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. B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice to Vendor. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Vendor's City of Port Orchard and ABM Janitorial Services Ordinary Maintenance Contract No. 016-14 3 of 8 reasonable expenses, and shall be subject to verification. The Vendor shall resume performance of services under this Agreement without delay when the suspension period ends 7. Standard of Care Vendor represents and warrants that it, and Vender'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. Services provided by Vendor and Vendor'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. Vendor and Vendor's employees shall conduct themselves in a professional manner at all times when on site. Vendor's employees shall wear clothing and/or a uniform which clearly identifies them as an employee of Vendor. Vendor 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. Vendor shall ensure that all work -place safety requirements of state or federal law are strictly observed at all times. Vendor 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. 8. Ownership and Use of Documents. Any records, files, documents, drawings, specifications, data or information, regardless of form or format, and all other materials produced by the Vendor 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. 9. Indemnification/Hold Harmless Vendor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Vendor, its agents, employees, or subcontractors in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and the Vendor waives any immunity whatsoever with respect to such indemnification. Nothing in this section shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration/termination of this Agreement. 10. Insurance City of Port Orchard and ABM Janitorial Services Ordinary Maintenance Contract No. 016-14 4of8 The Vendor 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 Vendor, its agents, representatives, or employees. Vendor shall include all subcontractors as insureds under its policies or shall require subcontractors to provide their own coverage. All coverage for subcontractors shall be subject to all of the requirements stated herein. A. Minimum Scope of Insurance Vendor shall obtain insurance of the types described below: 1. 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage 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 Vendor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Vendor's profession. B. Minimum Amounts of Insurance Vendor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 annual aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Vendor's insurance coverage 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 Vendor's insurance and shall not contribute with it. City of Port Orchard and ABM Janitorial Services Ordinary Maintenance Contract No. 016-14 5 of 8 The Vendor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 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 Vendor 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 Vendor before commencement of the work. 11. Assigning or Subcontracting Vendor shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 12. Independent Contractor Vendor and Vendor's employees shall be at all times during the term of this Agreement independent contractor(s). The Vendor will be solely responsible for its acts and for the acts of its agents, employees, subcontractors, or representatives during the performance of this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. 13. Notice Any notices required to be given by the City to Vendor or by Vendor to the City shall be in writing and delivered to the parties at the following addresses: Timothy Matthes Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 14. Disputes To be Determined ABM Janitorial Services_ 1201 South 30`h Street Tacoma, WA 98409 Phone: 253.383.4484 Fax: 253.3 83.7272 Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. City of Port Orchard and ABM Janitorial Services Ordinary Maintenance Contract No. 016-14 6of8 15. 16. Attorneys Fees 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 attorney's fees from the other party. Extent of Agreement/Modification This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. CITY OF PORT ORCHARD, WASHINGTON By: Timothy Ma es Mayor Date: 12— 1 Attest: am N�AT �(b 11,F WAS City of Port Orchard and ABM Janitorial Services Ordinary Maintenance Contract No. 016-14 7of8 VENDOR By: &�21 Name: _ 5[ Q�rcl - Title: ggntar' Mom' Date: t 1( PREVAILING WAGE REQUIREMENTS Although this is considered a service type contract (not a public work), the vendor is required to pay, at a minimum, the applicable prevailing wage rates to those employees performing services under the contract. The applicable wage rates are set forth in the State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW 39.12.020. The prevailing wage schedule in effect for the work under the contract will be the one in effect upon the date of execution of the contract and will continue in effect for the first contract year. Wages paid to the employees of the selected vendor must be altered annually to recognize and follow the most recently promulgated increases or decreases in prevailing wages each year after the first year of the contract period. It is the responsibility of the vendor to ensure the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their proposal according to these specifications. The selected vendor must submit to the Department of Labor and Industries, a "Statement of Intent to Pay Prevailing Wages". A copy of the certified Intent Statement must be submitted to the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages accruing to its employees. All invoice or payment applications are required to bear the following signed statement: "I certify that wages paid under this contract are equal to or greater than the applicable wage rates set forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the State of Washington Department of Labor and Industries." The selected vendor must submit to the Department of Labor and Industries an "Affidavit of Wages Paid" and a copy of an approved Affidavit must be submitted at the end of the contract to the City before the last payment or any retained funds will be released. The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid with the Department of Labor and Industries shall be at no additional cost to the City. The Director of the Department of Labor and Industries shall arbitrate all disputes of the prevailing wage rate, RCW 39.12.060 and WAC 296-127-060. City of Port Orchard and ABM Janitorial Services Ordinary Maintenance Contract No. 016-14 8of8 ABM. Building Value October 14, 2013 Mark Dorsey City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Dear Mark, 1201 South 30`h Street Tacoma, Washington 98409 Telephone: (253) 383-4484 Facsimile: (253) 383-7272 Thank you for the opportunity to bid on the janitorial services for the City of Port Orchard City Hall, Activity Center, Public Works. ABM Janitorial Services is a proud provider of cleaning services to hundreds of customers in the Puget Sound area. We provide a variety of services to government buildings, financial institutions, offices buildings and medical clinics. Our parent company, ABM Industries, was founded in 1909 and is a publicly traded corporation, ticker symbol ABM on the New York Stock Exchange. Your monthly price for janitorial services for 2014 is as follows: City Hall (including day cleaning of Police Department) per contract specifications................................................ $3023.24 Activity Club (5x per week) per contract specifications .......... $1154.22 Public Works (5x per week daytime) per contract specifications ... $887.34 This quote includes all labor and equipment needed to perform our service, however, this pricing does not include liners, hand soap, paper towels, toilet paper or other items that are stocked in restroom or kitchen areas for your associates to use. We at ABM Janitorial Services look forward to working with you. If you have any questions, please call me at (253) 383-4484 or e-mail susan.perry@abm.com. Sincerely, Susan Pe District Manager l ® DATE (MMIDD/YYYY) n CERTIFIC' -TM OF LIABILITY INSUR"-ONCE 10/25/2013 THIS`CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Commercial Lines - (415) 541-7900 Wells Fargo Insurance Services USA, Inc. - CA Lie#: OD08408 45 Fremont Street, Suite 800 San Francisco, CA 94105-2259 CONTACT NAME: _ PHONE A/C No Ext : FAX A/C No . E-MAIL INSURERS) AFFORDING COVERAGE NAIC # INSURER A: ACE American Insurance Company 22667 INSURED ABM Janitorial Services Northwest, Inc. an ABM Industries Incorporated Company 1775 The Exchange SE, Suite 600 Atlanta, GA 30339 INSURER B : ACE Property and Casualty Ins. Co. 20699 INSURER C ; Hartford Fire Insurance Company 19682 INSURER D : INSURER E : INSURER F : ..�� ronTlrlr%A rm ul ruor_o. R7R1111(1 RFVISInN NtIMRFR: Sap halnw .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS ITY rGENERAL L GENERAL LIABILITY XSLG27327497 11/01/2013 11/01/2014 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED2,000,000 PREMISES Ea occurrence $-MADE MED EXP (Any one person) $ Excluded I ' • I OCCUR PERSONAL & ADV INJURY $ 2,000,000 IR GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ X POLICY P C LOC /� AUTOMOBILE LIABILITY ISAH08814910 11/01/2013 11/01/2014 COMBINED SINGLE LIMIT IEa accident) 5,000.000 _ __ _ BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ X ALL OWNED SCHEDULED AUTOS AUTOS X X NON -OWNED HIRED AUTOS AUTOS Pea cidenDOPERTYt,AMAGE $ $ B X UMBRELLA LIAB X OCCUR XOOG27322554 11/01/2013 11/01/2014 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAR CLAIMS -MADE DED I X I RETENTION $ 25,000 $ 1 1 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WCUC47327271 CA - $1,000,000 SIR OH WA OR IL MI - $500000 S , 11/01/2013 11/01/2014 X WC STATU- OTH- O YL S R E.L. EACH ACCIDENT __ $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE -POLICY LIMIT 1,000,000 $ C Employee Dishonesty/Fidelity FA024632813 11/01/2013 11/01/2014 $2.000,000 Each Occurrence DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Branch 1305 Job Site: Various City Bldgs, Port Orchard, WA 98366. ULK I II -Ill I t F1ULUtK I .W . City of Port Orchard, Washington ( City ) 216 Prospect Street Port Orchard WA 98366 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD U 1V55--LU9 U AUUKU 1,.UKrUKA t Ivn. AH rtgn[s rCsrr veu. gO6g09 ACORD 25 (2010105) 111111111111111111111111111111111 IN 1111111111111111111111111 IN 111111111111111111111 IIIII11111IIIIIIIIIIII •creosn2smo219s/0y031010roro'