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HomeMy WebLinkAbout4225 Contract Number: 4225 Vendor: GOLDEN GLOBE JANITORIAL Subject: Services - Janitorial Department: PW Util File Class: LEG 12-1 Begin Date: 09/20/2001 End Date: 12/31/2005 Review Date: 05/Ol/2010 Vault Date: Comments: Month-to-month Contract to be bid in 2009 Still month-to-month 2010 PROFESSIONAL SERVICES AGREEMENT Golden Globe Janitorial Services, Inc. The City of Bremerton ("City") and Golden Globe Janitorial Services, Inc. ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: Contractor shall perform all work and furnish all labor, tools, material, and equipment for: Janitorial services in specified City owned facilities. All work will be in accordance with and as described in the attached Request for Proposal and Performance instructions for services, which are attached hereto and incorporated by reference. Contractor shall provide and bear the expense of all equipment, tools, materials, and labor of any sort whatsoever that may be required for the performance of services provided for in this Agreement and every part thereof, except such as are mentioned in the specifications provided by the City. The parties recognize that during the term of this Agreement the City's janitorial needs will change due to the construction of new City facilities, and the vacation of other facilities. The parties therefore agree that the scope of the services may change, at the sole discretion of the City. II. Term: The term of this Agreement shall commence on January 1, 2004 and continue for a period of two (2) years, expiring on December 31, 2005. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor in accordance with the attached Janitorial Services Proposal Form. The parties recognize that when the scope of work changes pursuant to paragraph I of this Agreement, that the mount of compensation will change corresponding to the square footage change in the scope of work. IV. Relationship of Parties: Contractor represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. Bremerton/Golden Globe Page 1 of 5 As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include, but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. V. Indemnification: 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 all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. 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, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: 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, employees, and/or sub-contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be Bremerton/Golden Globe Page 2 of 5 limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability; and Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. All required policies shall be provided on an "occurrence" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Contractor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Work Performed at Contractor's Risk: Contractor shall take all precautions necessary and shall he 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 Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire Agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severabilit¥: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification; This Agreement may only be modified by written instrument signed by both Parties. Bremerton/Golden Globe Page 3 of 5 E. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Contractor Address City Clerk Golden Globe Janitorial 239 4th Street P.O. Box 2298 Bremerton Silverdale WA 98337 WA 98383 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred 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 and remain in full force and effect. H. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. I. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. J. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. K. Assignment: Contractor shall not assign any interest in this agreement without the prior written consent by the City. Any assignment of this agreement by the Contractor without the written consent of the City shall be void; provided, however, that claims for payment under this agreement may be assigned. L. Prevailing Wage: Contractor agrees to comply with provisions of RCW 39.04 and RCW 39.12 as amended and as defined in WAC 296-127-101, 011, 025, 040, 045 as amended. VIII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either party upon thirty (30) days notice. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the Bremerton/Golden Globe Page 4 of 5 non-performing Party does not commence correction of the failure of performance within five (5) days of the terminating Party's sending notice to the non-performing Party. Rights Upon Termination: In the event of termination, the City shall pay for all services satisfactorily performed by Contractor to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this contract which may be used by the City without restriction. Any such use not related to the project which Contractor was contracted to perform shall be without liability or legal exposure to the Contractor. By: CaryBozeman By: R. E. Lawrence Its: Mayor Its: President Date: c~,.~Z.- tg~ Date:March 9, 2004 Approved as to form: "~Br/h{nerton City Attomey~ · ~ ~C'it~ BremertordGolden Globe Page 5 of 5 JANITORIAL SERVICES PERFORMANCE INSTRUCTIONS I. REFERENCES: a. Bidders shall submit with their proposal, a resume of corporate experience and qualifications relative to performance of janitorial services. b. WORK ETHIC - The highest professional standards are the basis of performance evaluation relative to on-the-job conduct by contractor's employees. 1. All of the contractor's employees that will be performing janitorial services inside City facilities or on City owned property should be registered with the City's representative. 2. All of the contractor's employees that will be performing janitorial services inside City facilities or on City owned property, shall submit to a background check by Bremerton Police Department and/or the Washington State Patrol Criminal Identification System, and availability to perform janitorial service will be conditioned upon receipt of a satisfactory report to the City's representative. 3. Only those individuals registered with the City's representative are permitted inside City facilities or on City owned property after normal business hours. Visitors and/or guests of contractor's employees are not permitted. 4. Use of City telephone, City office equipment, supplies and materials for personal use is strictly prohibited. 5. Building security and lighting regulations will be strictly enforced. a. Close and lock all windows. b. Turn off all lights except those specifically instructed by the City's representative, to be left on for security reasons. c. Lock all doors and keep locked during janitorial services. H:/word/mottner/2001 Janitorial Services proposal 2 6. CITY FACILITIES KEYS: a. Keys will be assigned to the contractor for use at all City owned facilities. b. Keys will be assigned to the contractor by the City's representative. c. Duplication of any key is not permitted. Violators may be subject to fines and/or administrative action, which may include loss of eligibility for continued holding of keys. d. Transfer or loan of assigned keys by authorized key holders to individuals not authorized or eligible to hold such keys is not permitted. Use of keys by persons other than those employed by the contractor for janitorial services is prohibited. e. Loss of any keys must be reported the next working day following discovery of the loss. Failure to report such loss may result in removal of key holding privileges. Issued keys remain the property of the Department of Public Works and Utilities, Facilities Division and will be returned/surrendered upon demand or within twenty-foul (24) hours of termination of contract. f. Keys issued to the contractor for janitorial services may require a $100.00 deposit. This deposit will be refunded upon return of any keys issued. Failure to comply with the facility key guidelines or if keys are lost or are not returned, the deposit may be forfeited. g. Failure to comply with any security requirements may result in contract cancellation, and/or monetary fines. 7. The award of the contract will be on the basis of low overall bid as to specifications and qualifications. 8. Failure to comply with janitorial service performance instructions to the satisfaction of the City representative may result in contract cancellation, and/or monetary fines. 9. MONETARY FINES AND/OR CONTRACT CANCELLATION a. It is the intent of the City of Bremerton to provide for its employees, citizens and all members of the public a clean and sanitary environment to all City owned buildings. b. The City of Bremerton shall not pay for any janitorial services that are not completed or are not satisfactorily performed by the contractor. H:/word/mottner/2001 Janitorial Services proposal 3 c. Any janitorial complaints of poor performance at the City owned facilities covered by this contract will be documented by the City's representative. The City's representative will contact the contractor as soon as possible, after the complaint is confirmed. d. The contractor will respond to correct or complete the janitorial task(s) within two (2) hours of the notification or City crews will correct or complete the janitorial task(s). e. Any "janitorial tasks to be performed" or "special instructions" at any of the City owned facilities covered by this contract not corrected to the satisfaction of the City's representative will be deducted by a pementage equal to the task left undone from the contractor's billing. f. Any "monthly" or "quarterly" janitorial tasks at any of the City owned facilities covered by this contract not completed by the contractor during the required month or quarterly schedule, unless an approved change is made with the City's representative will also be deducted from the contractor's billing. g. All confirmed complaints and unsatisfactory janitorial services will he documented and reviewed quarterly. h. If during the quarterly review, the City's representative confirms that complaints and corrections continue, the City's representative may request contract cancellation with the contractor. II. SUPPLIES: a. City shall provide: 1. Light bulbs: Incandescent and fluorescent. City will replace ballasts, as necessary. 2. Its own supplies and equipment for any janitorial services performed by its own employees. 3. Special disinfectant product to be used at Municipal Pool Facility. b. CONTRACTOR SHALL PROVIDE: 1. Cleaning supplies, including all paper products and dispensers mutually agreed upon by City and contractor. Materials and equipment, including, but not limited to soaps and dispensers as approved by the City's representative. Floor stripping materials, floor wax, brooms, dust mops and heads, brushes, dust pans, vacuum cleaners, floor buffers and pads, rug shampooing equipment and supplies. H:/word/mottner/2001 Janitorial Services proposal 4 2. Contractor will not use toilet mounted deodorant blocks, urinal deodorant blocks will be used only in urinals with build-in screen drain covers. This is subject to review in the event contractor has an acceptable alternate product. 3. Additional dispensers, as may be determined and mutually agreed upon by the City's representative and the contractor. 4. Contractor shall use paper products that are mutually agreed upon by the City's representative and the contractor prior to use and will not change products until approval by the City's representative. III. SPECIAL INSTRUCTIONS (APPLICABLE TO ALL LOCATIONS) 1. Wash all exterior windows, inside and outside, using squeegee method or "tucker pole", quarterly in January, April, July and October. These months are for inspection purposes. Any deviations from these dates, for any reason, must be approved by the City's representative or it will be taken as a failure to comply with the janitorial services performance instructions and may result in contract cancellation, and/or monetary fines. 2. Wash and scrub all venetian blinds, vacuum-clean all window draperies, clean all HVAC vents, clean all light fixtures, vertical support rods, window and re-light glass coverings, quarterly in February, May, August and November. These months are for inspection purposes. Any deviations from these dates, for any reason, must be approved by the City's representative or it will be taken as a failure to comply with the janitorial service performance instructions any may result in contract cancellation, and/or monetary fines. 3. Shampoo carpets as directed by City's representative. 4. Janitor's closets are subject to inspection at all times. a. Closets are to be kept clean, dry, odor-free and orderly at all times. b. All janitorial items and supplies will be stored in the janitor closets provided, and not in HVAC equipment or furnace rooms. c. The storage of flammable liquids or cleaners, explosives or hazardous materials and non-essential supplies or equipment is strictly prohibited. Excepted are those materials reasonable and necessary for the performance of the duties of this contract for which the City's representative has approved and been provided ~ material safety data sheets. H:/word/rnotl~er/2001 Janitorial Services proposal 5 5. Contractor shall provide the City's representative with material safety data sheets for each and all products that the contractor anticipates using. New data sheets will be submitted prior to the introduction and/or use of any new formulation after approval of the City's representative, which approval shall not be un_reasonably withheld. 6. The contractor shall agree to and provide qualified janitorial personnel when requested on a twenty-four (24) hour emergency basis. Response to a designated site in the event of an ~rnergency will be within two (2) hours after notice given by the City's representative. a. Contractor will provide a twenty-four (24) hour, seven (7) days per week mnergency phone number to respond to this specification. b. The contractor will be provided a twenty-four (24) hour, seven (7) days per week emergency phone number or procedure to contact a City representative for any problems that may arise or occur on weekends or after hours when performing the janitorial duties, upon contract acceptance. 7. Contractor shall specify a flat fee square foot cost, which will be used to either increase or decrease contract pricing as a result of changes in tenant occupancy in any City owned facility, as directed by the City's representative. 8. Replace all burned-out fluorescent and incandescent light bulbs (provided by City). City will provide and replace burned-out fluorescent ballasts, as necessary. It is the contractor's responsibility to report ballast needs to the City representative. 9. All wet and dry trash and garbage is to be disposed of in appropriately tied bags and placed in dumpsters located at each facihty. a. Contractor and their staff are to participate and cooperate fully with the City's office recycling program as directed by City representative. This may include sorting and depositing trash in sort bins located at/in each location. b. Dumpster lids are to be kept closed, and if so equipped, locked at all times. c. The areas around dumpsters are to be kept clean and orderly at all times. Care shall be taken to pick up all trash, cigarette butts and other debris at dumpster sites. H:/word/motmer/2001 Janitorial Services proposal 6 IV. JANITORIAL TASKS TO BE PERFORMED: Unless otherwise indicated, the following tasks shall be performed at all locations (where applicable) at the frequency stated. In addition, special instructions for each individual location shall be performed. 1. a. Sweep and damp mop all tile and hard floor surfaces. b. Vacuum all carpeted floor surfaces. c. Mop all lavatory floors with an aromatic disinfectant solution. d. Clean and sanitize all restroom fixtures and surrounding wall areas, clean and polish mirrors. e. All waxed floor surfaces are to be kept in a highly reflective condition by using a machine buffer. f. Clean exterior of all "torpedo" or wall hung waste receptacles daily, if applicable to location. g. Clean and sanitize all drinking fountains. h. Replace all paper and soap supplies with adequate quantities, as determined by use. i. Remove fmgerprints and other marks from glass partitions, woodwork, walls, doors and other painted surfaces. j. Sanitize all stairwell handrails daily. k. Vacuum, dust and clean interior of elevator, if applicable.. 1. Sweep, damp mop and dust stairwells and landings, if applicable to locations. m. Leave only designated lights on as deemed necessary by the City's representative. n. Lift or sift all sand cigarette urns and remove debris. Add clean sand (provided by contractor), if needed. o. Clean entrance ways, lobby entrance mats and clean interior and exterior glass on all main doors. H:/word/motmer/2001 Janitorial Services proposal 7 p. Maintain a clean appearance around all entrances to the buildings by picking up cigarette butts and other debris. q. Dust desks, chairs, tables and other office furniture including chalkboards. (Clean only those desktops that are cleared) r. Clean employee lunchroom(s) and/or break areas - tables, counters, and sinks. Special attention shall be given to floor surfaces. Properly arrange tables and chairs in the lunchroom(s). s. Empty all trash and garbage receptacles in offices, conference rooms and copy machine areas. Replace receptacle liners as necessary - daily in garbage containers. t. Remove all empty boxes and other debris placed next to trash receptacles. Also, remove trash from other areas when it is clearly marked for disposal. u. Properly arrange furniture in all offices and conference rooms. 2. MONTHLY: a. Clean sides, front and tops of any display cases./'/ b. ~M~c.~Znc ~,~ and rc ;vax tile, ~qoor~ ~/~ ~-~ 3. QUARTERLY: a. Wash all exterior windows, inside and outside as stated in Section III, Item 1. b. Wash and scrub all venetian blinds, clean all HVAC vents, clean all 'light fixtures, vertical support rods, window and re-light glass coverings and vacuum clean all window draperies as stated in Section HI, Item 2. 4. AS NEEDED or upon request by the City representative. a. Clean dirt, excess wax and footmarks from baseboards, doors and frames. b. Spot clean all carPeted areas. c. Spot clean elevator floor, where applicable. H:/word/motlner/2001 Janitorial Services proposal 8 V. JANITORIAL SERVICE LOCATIONS: A. CITY HALL, 239 4TM STREET, INCLUDING ALL OFFICES IN BASEMENT, 1sT AND 2~D FLOORS. Approximate Square Footage ....... 35,000 1. All of the duties outlined under Section IV janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday through Friday, except City-recognized holidays and after 5:00PM unless otherwise stated or mutually agreed upon by the City's representative. 2. SPECIAL INSTRUCTIONS: a. When leaving City Hall at the end of the cleaning shift, it is the responsibility of the janitors to insure by performance or by checking the City Hall schedule with the City's representative that: 1. All lights, water faucets, doors and windows are appropriately off, closed and/or locked as directed by the City's representative. 2. All interior office and exterior City Hall doors are locked and/or closed, as instructed. b. Insure that the front and alley doors of City Hall are locked by 5:30 PM daily, unless otherwise directed by the City's representative. c. Contact the City Council Legislative Assistant for dates, times and schedule for after hour use of City Hall facility, to insure exterior doors are closed and locked appropriately. d. All wet and dry trash and garbage is to be disposed of in appropriate, tied disposal bags and placed in the dumpster located behind City Hall. e. Clean outside entryways (front and alley doors). f. Clean sidewalk in front of City Hall. B. PERMIT CENTER, 286 4TM STREET, INCLUDING ALL OFFICES IN BASEMENT, 1sT AND 2ND FLOORS. Approximate Square Footage ..... 9,000 1. All of the duties outlined under Section 1V janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday through Friday, except City-recognized holidays and H:/word/mottner/2001 Janitorial Services proposal 9 after 5:00PM unless otherwise stated or mutually agreed upon by the City's representative. 2. SPECIAL INSTRUCTIONS: a. When leaving the Permit Center at the end of the cleaning shift, it is the responsibility of the janitors to insure by performance or by checking with the City's representative that: 1. All lights, water faucets, doors and windows are appropriately off, closed and/or locked as directed by the City's representative. 2. All interior office and exterior doors are locked and/or closed, as instructed. C. FIRE STATION #1 ADMIN. BUILDING, 817 PACIFIC AVENUE, 1 sx FLOOR OFFICES Approximate square footage., ...2,300 1. All of the duties outlined under Section IV. Janitorial tasks to be performed. All normal janitorial services to be one (1) day per week only. Service to be on Fridays, starting at 4:00 PM, vacuuming and mopping after 5:00 PM, unless otherwise directed or mutually agreed upon by the City's representative. D. DOWNTOWN LIBRARY BUILDING, 612 5TM STREET, MAiN FLOOR, AND OUTER RESTROOMS ONLY Approximate Square Footage ..... 3,000 1. All of the duties outlined under Section IV. Janitorial tasks to be performed. All normal janitorial services to be three (3) days per week only. Services To be on Monday, Wednesday and Friday and after 6:00PM unless Otherwise directed or mutually agreed upon by the City's representative. E. POLICE PATROL DIVISION, 4846 AUTO CENTER WAY Approximate Square Footage ..... 3,000 1. All of the duties outlined under Section IV janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday through Friday, except City-recognized holidays and H:/word/mottner/2001 Janitorial Services proposal 1 0 after 5:00PM unless otherwise stated or mutually agreed upon by the City's representative. F. SENIOR CITIZEN'S RECREATION CENTER, 1140 NIPSIC AVENUE Approximate Square Footage ..... 3,500 1. All of the duties outlined under Section IV, janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week Monday through Friday, except City-recognized holidays and after 10:00 PM unless otherwise directed or mutually agreed upon by the City's representative. 2. SPECIAL INSTRUCTIONS: a. Clean, remove fingerprints and other marks fi:om mirrored wall. This shall be done weekly. b. Close and lock all windows, doors and gates after completion of work. G. PARKS DEPARTMENT, 680 LEBO BOULEVARD Approximate Square Footage ..... 30,000 1. All of the duties outlined under Section IV, janitorial tasks to be performed. All normal janitorial services will be provided six (6) days per week Sunday through Friday, except City-recognized holidays and after 10:00 PM unless otherwise directed or mutually agreed upon by the City's representative. 2. SPECIAL INSTRUCTIONS: a. Janitorial services will be provided in the following locations: BASEMENT: South stairwell, preschool rooms and restroom. North stairwell, main hallway, employee room, maintenance office, restroom and shower. MAIN FLOOR: South stairwell, all offices, office hallway, restrooms, conference room and stage. North stairwell, lounge, hallways, kitchen, restrooms, A-B-C rooms and handicap restroom. H:/word/motmer/2001 Janitorial Services proposal 1 1 b. Clean all entryway access to building of cigarette butts, broken glass and debris in general. Sift outside cigarette ash containers if dry and remove debris when too damp to sift. c. Clean debris fi.om sidewalk in front and west side of building. d. Access to and usage of the gym is prohibited. e. Access into any areas or rooms that do not require janitorial service is prohibited. H. MUNICIPAL POOL, 360 HOMER JONES DRIVE Approximate square footage .............................................. 6,000 1. All of the duties-outlined under Section IV janitorial tasks to be performed. All normal janitorial services will be provided six (6) days per week, Sunday through Friday, except City recognized holidays and after 10:00PM unless otherwise directed or mutually agreed upon by the City's representative. 2. SPECIAL INSTRUCTIONS: a. Janitorial service will be provided in the following locations: Observation Gallery/Viewing Area Men's & Women's Restrooms Men's & Women's Locker Rooms Lobby Area & Staff Area b. Clean entryway access to building of cigarette buts, broken glass and debris in general. c. Access to and usage of the pool is prohibited. d. Access into any areas or rooms that do not require janitorial service is prohibited. e. Special disinfectant shall be applied during cleaning of the men's and women's locker rooms. This product will be supplied by the City of Bremerton and will require proper application. Use of this product will be per the manufacturer's instructions and special instruction by pool personnel. I. SERVICES to be provided at PUBLIC WORKS AND UTILITIES OPERATIONS CENTER, 100 OYSTER BAY AVE. Approximate square footage ............................................... 4,223 1. All of the duties outlined under Section IV janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday through Friday, except City-recognized holidays and H:/word/motmer/2001 Janitorial Services proposal 12 after 5:00 PM unless otherwise stated or mutually agreed upon by the City's representative. J. SERVICES to be provided at the EQUIPMENT SERVICES DIVISION BUILDING, 100 OYSTER BAY AVENUE. Approximate square footage ................................................. 480 1. All of the duties outlined under Section IV, janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday through Friday, except City-recognized holidays and at'tm' 5:00 PM unless otherwise stated or mutually agreed upon by the City's representative. K. SERVICES to be provided at the PUBLIC WORKS AND UTILITIES ADMINISTRATION BUILDING, 3027 OLYMPUS DRIVE Approximate square footage ............................................... 10,732 1. All of the duties outlined under Section IV, janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday through Friday, except City-recognized holidays and after 5~00 PM unless otherwise stated or mutually agreed upon by the City's representative. L. SERVICES to be provided at the FORESTRY DMSION, 4398 OLD BELFAIR HIGHWAY. 1. All of the tasks outlined under SECTION iV. Janitorial tasks to be performed. All normal janitorial services to be one (1) day per week only. Service to be on Fridays, after 5:00 PM unless otherwise directed or mutually agreed upon by the City's representative. 3. SPECIAL INSTRUCTIONS a. When leaving Forestxy Division at the end of the cleaning shift, it is the responsibility of the janitors to ensure by performance or by checking that the building is secure and the outer gate is locked. H:/word/mottn~r/2001 Janitorial Services proposal 1 3 City of Bremerton Request for Proposals - Janitorial Services 7/13/2001 City of Bren~rton - Janitorial 1 TABLE Of CONTENTS REQUEST FOR PROPOSALS ............................................................................... Page 3 TERMS AND CONDITIONS ................................................................................... Page 4 GENERAL INSTRUCTIONS TO BIDDERS ................................................. Page 4 BID CLOSING ................................................................................... Page 4 ADDRESS AND MARKING BIDS ...................................................... Page 4 DOCUMENTS ................................................................................... Page 4 INTERPRETATION OF BID AND CONTRACT DOCUMENTS ......... Page 4 DEFINITIONS ................................................................................... Page 5 SCOPE OF WORK ...................................................................................... Page 5 DISQUALIFICATION OF BIDDERS ............................................................. Page 6 LICENSING & REGISTRATION OF CONTRACTORS ....................... Page 6 AUTHOR ZED REPRESENTATIVE ............................................................. Page 7 PREPARATION OF PROPOSAL ................................................................. Page 7 COOPERATIVE GOVERNMENTAL PURCHASING ................................... Page 8 PROPRIETARY INFORMATION ................................................................. Page 8 DOCUMENTS INCORPORATED BY REFERENCE ................................... Page 8 DELIVERY OF PROPOSAL ......................................................................... Page 9 NON-COLLUSION AFFIDAVITS ................................................................. Page 9 PRICES ........................................................................................................ Page 9 COMPLIANCE WITH EXISTING LEGISLATION ......................................... Page 9 LICENSES AND PERMITS ........................................................................ Page '10 PRODUCT WARRANTY ............................................................................ Page 10 RECYCLING AND WASTE REDUCTION ................................................. Page 10 HAZARDOUS MATERIALS ....................................................................... Page 10 MATERIALS ACCEPTANCE ..................................................................... Page 11 PAYMENT .................................................................................................. Page 11 REJECTION OF BIDS .......................................................................... · ..... Page 11 SECURITY FORFEITURE ......................................................................... Page 11 NON-DISCRIMINATION ............................................................................ Page 11 WITHDRAWAL .......................................................................................... Page 12 ALTERATIONS .......................................................................................... Page 12 GENERAL INFORMATION .................................................................................. Page 13 RFP SCHEDULE ....................................................................................... Page 13 SPECIFIC INSTRUCTIONS TO VENDORS .............................................. Page 13 PERFORMANCE INSTRUCTIONS .......................................................... Page 14 PROPOSAL ........................................................................................ Page 28 NON COLLUSION AFFIDAVIT ............................................................................. Page 30 PURCHASE AGREEMENT .................. : .................................................. Page 39 7/13/2001 City of Bremerton - Janitorial 2 REQUEST FOR PROPOSALS SEALED PROPOSALS will be received at the office of the City Clerk, CITY OF BREMERTON, 239 4th Street, Bremerton, Washington 98337, up to, but not later than 2:00 pm, Friday, August 10, 2001 for JANITORIAL SERVICES. Proposals must be made on the printed forms attached to the specifications and must be accompanied by a bid deposit in the amount of five hundred dollars ($500) in the form of a certified check, money order, cashier's check or bond, made payable to the City Treasurer, City of Bremerton. Should the successful bidder fail to enter into a contract within the time specified, the bid deposit shall be forfeited to the City of Bremerton. Bids received after the time and date noted above will be declared non-responsive and returned to the submitter unopened. The City Clerk and City Council reserve the right to reject any or all of the bids, split the award, or waive any informalities, if the best interests of the City will be better served thereby. Bill Eley IS & Purchasing Manager 7/13/2001 City of Bremedon- Jan~odal 3 TERMS AND CONDITIONS I. GENERAL INSTRUCTIONS TO BIDDERS A. BID CLOSING: Sealed bids to provide Janitorial Services as detailed in the Specific Instructions Section of this request for proposals will be received, opened and read aloud at 2:00 pm, on Friday, August 10, 2001 in the City of Bremerton Purchasing Division Offices, 239 Fourth Street, Bremerton, Washington. B. ADDRESS AND MARKING BIDR: Bids shall be submitted in a sealed envelope clearly marked "Janitorial Bid" and addressed to: IS & Purchasing Manager City of Bremerton 239 4th Street Bremerton WA 98337 C. DOCUMENTS: Attached to this invitation are the Performance Instructions Section and sample contract. By submitting a bid, each bidder acknowledges that s/he has read and understands these documents and agrees to sign the contract within ten (10) days of final award of the contract by' Bremerton City Council. D. INTERPRETATION OF BID AND CONTRACT DOCUMENT,C;: If any person contemplating submitting a bid for proposed contract is in doubt as to true meaning of any part of the bid instructions, specifications or contract or finds discrepancies in, or omissions from these documents, s/he may submit to the purchasing agent for the City of Bremerton a written request for interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Such request must be submitted not less than ten (10) days prior to the date set for receiving bids. Any interpretation or correction of the document will be made only by written addendum duly issued. A copy of such addendum will be mailed or delivered to each individual or firm known to have received a set of documents. The City will not be responsible for any other explanations or interpretations of the contract documents. No oral interpretation of any provisions in the contract document will be made to any bidders or be binding on the City. Any documents included hereinafter are intended as complimentary and what is provided for or called for by one shall be binding for all. 7/13/2001 City of Bremerton - Janitorial 4 E1 DEFINITIONS: 1. Bidder: An individual, firm, co-partnership or corporation, or combination thereof, submitting a proposal for work contemplated and acting directly or through a duly authorized individual. 2. City: The City of Bremerton. 3. Contract: The written agreement between the City and the Contractor including the notice to contractors, proposals, plans, specifications, general provisions, special provisions and contract bonds; also, any and all supplemental agreements amending or extending the work contemplated. Supplemental agreements are written agreements covering alterations, amendments or extensions to the contract and include contract change orders. 4. Contractor: The individual, firm, co-partnership or corporation, and his/her, their, or its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, co~ partnership, covenantor or corporation, or his/her, their or its surety under the contract bond, constituting one of the principals to the contract and undertaking to perform the work herein specified. 5. Days: Unless otherwise designated, days as used in the contract shall be understood to mean calendar days. II. sCOPE OF WORK: Performance of work for providing services under this contract includes all labor, materials, transportation, equipment, supplies and services necessary for and reasonably incidental to the completion of all work in connection with the project as contemplated in the contract, instructions to bidders, general provisions, the specifications and any accompanying drawings and all change orders and extra work approved in writing. 7/13/2001 City of Bremerton - Janitor~l 5 III. DISQUALIFICATION Of BIDDERS' The IS & Purchasing Manager or designee may at his/her discretion determine that a bidder is not responsible and reject their proposal for any of the following reasons: A. Evidence of collusion on prior or the present bid process. B. Bidder not qualified for the work involved or to the extent of his bid. C. Unsatisfactory performance record, judged from the standpoint of conduct of work, workmanship or progress as shown by past or current work for the City. D. Uncompleted work, whether for the City or otherwise, which might hinder or prevent the prompt completion of the work bid upon. E. Failure to pay or settle bills for labor or materials on any former or current contracts. F. Bidder has previously defaulted in the performance of or failed to complete a written public contract, or has been convicted of a crime arising from a previous public contract. G. Any other inability, financial or otherwise, to perform the work. H. Bidder is not authorized to do business in the State of Washington. I. For any other reasons deemed proper by the Owner. IV. LICENSING AND REGISTRATION OF CONTRACTORS: A. Contractors as defined in RCW 18.27.101 must be registered pursuant to RCW 18.27 prior to submitting a proposal. B. Any contractor that is a corporation must obtain a certificate of existence or authorization pursuant to RCW 23. B.01 prior to submitting a proposal. C. The City will not execute a contract with any contractor who is not registered or licensed to do business in the State of Washington (RCW 39.06.010). 7/13/2001 City of Bremerton - Janitorial 6 V. AUTHORIZED REPRESENTATIVF. The IS & Purchasing Manager or his/her designee shall act as advisor and consultant to the City in all matters relating to the contract and: A. Shall determine the amount, quality, acceptability and fitness of the work, materials and equipment which are to be paid for under the contract and approve all pay estimates prior to payment by the City. B. Shall decide all questions relative to the true construction, interpretation, meaning and intent of the contract documents. C. Shall decide all questions relative to the classification and measurement of quantities and materials, and the fulfillment of this contract. D. Shall have the power to reject or disapprove of work or material that does not conform to the contract documents. E. May direct the sequence of work where such direction is for the purpose of avoiding conflict with other work being performed by the City or by others in the same general locality. Nothing herein shall be construed as requiring the IS & Purchasing Manager to direct the method or manner of performing the work. The decision of the authorized representative in the matters described above shall be final. Authorized City Representative for this bid is: Bill Eley (360) 478-5293 VI. PREPARATION OF PROPOSAl ' A. Each bid shall be made on the forms furnished, or in a format required by the City, and shall be signed by an authorized person with the signature in full. The address and telephone number of the bidder shall be typed or printed on the proposal. B. The total price shall be typed or written with ink in both words and figures. All blanks must be filled in. C. If a discrepancy exists between the words and the figures, the words shall govern. Any omission of prices on items shown in the proposal form may be cause for rejection of the bid at the sole discretion of the City. D. At a bidder's discretion, a proposal may be conditioned upon qualifications 7/13/2001 City of Bremerton - Janitorial 7 or amendments to the Contract documents that do not materially change the requirements contained therein. Such qualifications or amendments shall be fully described on the form provided in these documents. The City reserves absolutely the right to accept or reject any such qualifications or amendments and to consider price variations therefore in determining the lowest responsible bid. VII. COOPERATIVE GOVERNMENTAL PURCHASINC,: Any agreement arising from this Call-for-Bids may be so conditioned as to provide for cooperative governmental purchasing by other State of Washington political subdivisions pursuant to RCW 39.34. VIII. PROPRIETARY INFORMATION: Vendor should identify clearly any material(s) that constitute "(valuable) formulae, designs, drawings, and research data" so as to be exempt from public disclosure, RCW 2.17.310, or any materials otherwise claimed to be exempt, along with a statement of the basis for such claim of exemption. The City of Bremerton, Purchasing Division will give notice to the Vendor of any request for disclosure of such information received within five (5) years from the date of submission. Failure to so label such materials or failure to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by the submitting Vendor of any claim that such materials are, in fact, so exempt. To "clearly identify" put in separate envelope with the outside stamped or printed with the words PROPRIETARY INFORMATION INSIDE. Blank pages should be inserted in bid where proprietary information is required to provide continuity in your bid. All pages should be numbered in sequence including proprietary pages. IX. DOCUMENTS INCORPORATED BY REFERENCF: The following documents are incorporated by reference, to include, but not limited to: Performance Instructions Proposal Sample Contract 7/13/2001 City of Bremerton - Janitorial 8 X. DELIVERY OF PROPOSAL: A. Each proposal or bid shall be completely sealed in a separate envelope, properly addressed to the City at the address indicated on the proposal form, with the name and address of the bidder and the name of the project for which the bid is submitted, plainly written on the outside of the envelope. B. Proposals will be received at the time and place stated in the Call-for -Bids. It is the sole responsibility of the bidder to see that his/her bid is delivered on time. Any bid received after the scheduled closing time for receipt of bids will be retumed to the bidder unopened. C. Bids shall be submitted intact, including all proposal documents and acknowledgment of all addenda received from the City. D. A certified check, cashier's check, cash or proposal bond in the amount of five hundred dollars ($500) must accompany each bid as evidence of good faith and as a guarantee that if awarded the contract, the bidder will execute the contract and give a performance bond as required. Checks shall be made payable to the City Treasurer, City of Bremerton. Xl. NON-COLLUSION AFFIDAVITS: Each bid shall be accompanied by a properly executed non-collusion affidavit on the form furnished by the City. Xll. PRICES: All bids are to show net price, F.O.B. Bremerton, Washington, or delivered destination within the City. Sales tax shall be shown as a separate item. Xlll. COMPLIANCE WITH EXISTING LEGISLATION: The bidder shall comply with all Federal, State and Local laws, ordinances and regulations pertaining to this bid and shall consider all expenses relative with such compliance in the preparation of the bid. The City will furnish Federal Excise Tax Exemption Certificate if requested and applicable. The City shall require the contractor to pay prevailing wage on all Public Works projects in accordance with RCW 39.04 and 39.12 and WAC 296-127- 101, 011,025, 040, 045. 7/13/2001 City of Bremerton - Janitorial 9 XlV. LICENSES AND PERMITS: The successful bidder shall acquire and/or possess a current City of Bremerton Business License, and any other licenses and permits which may be required to fulfill the obligations of the contract arising from this Call-for-Bids. B & O taxes shall be paid when due and contractor will agree to assign any payments due to the City Clerk for payment of such taxes that have been declared delinquent. XV. PRODUCT WARRANTY: The products provided in accordance with these specifications must be warranted to be merchantable within the meaning of the Uniform Commercial Code. Furthermore, the bidder warrants s/he has reviewed these specifications, understands the intended use of the product and warrants that all material furnished and all work performed under this contract will be free from defects in material and workmanship and will conform to the requirements of the contract. BIDDER SHALL INCLUDE THE COMPANY'S WARRANTY AND SERVICE POLICY. XVl. RECYCLING AND WASTE REDUCTION: A. It is the policy of the City of Bremerton to maximize purchase and use of products manufactured from recycled materials or products suitable for re- use unless such use will place an unreasonable financial burden on the City or result in undue degradation in quality or performance. B. The City strongly encourages business and industrial activities that actively market and utilize recyclable materials that are in commodity categories generating waste. C. Business' participating in the City's procurement process maybe required to demonstrate compliance with the Environmental Protection Agency Resource Conservation and Recovery Act (RCRA) and the Washington State Solid Waste Act of 1989 (ESHB 1671). XVlI. HAZARDOUS MATERIALS: For the purposes of compliance with the Hazard Communication Act (WAC 296-62- 054 through 296-62-05425), Material Safety Data sheets must accompany all bids for which specifications of the bid or subsidiary products relative to the bid call for substances or materials covered by the Act. Additionally, Material Safety Data sheets shall accompany all deliveries of substances containing warning labels. 7/13/2001 City of Bremer[on - Janitorial 10 XVIII. MATERIALS ACCEPTANCF: Final acceptance shall be conclusive except as regards latent defects or gross mistakes and except as regards to the City's rights under the arranty clause of this contract. XIX. PAYMENT: Payment for equipment will be made by City Council action following notification of acceptance of same by the City. XX. REJECTION OF BIDS: The City reserves the right to reject any or all bids and not to make an award. The award of the contract, if made by the City, will be made to the qualified bidder submitting the lowest reasonable bid, if it is to the C'ty's best ~nterest to accept such bid. The right is reserved by the City to wa ve any nforma t es or errors in the bid that, in the so e opin on of the City, do not materially affect the bid. XXI..SECUR TY FORFEITURF: If the bidder should fail to enter into the contract and furnish the necessary bond within the time specified, the proposal guarantee which accompanied the bid, whether in the form of a bond, check or cash deposit, shall be forfeited to the City. The award may, at the sole discretion of the City, be made to the next lowest responsible bidder or the work may be re advertised. XXII. NON-DISCRIMINATION: Except to the extent permitted by a bona fide occupational qualification, contractor agrees as follows: A. Contractor shall not discriminate against any employee or applicant for employment because of race, color, national origin, sex, religion, age or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. B. Contractor shall, in all solicitation for employees or job orders for employees placed with any employment agency, union, or other firm or agency, state that all qualified applicants shall receive consideration for employment without regard to race, color, national origin, sex, religion, age or disability. The words "Equal Opportunity Employer" in advertisement shall constitute compliance with this 7/13/2001 C~ of Bremer[on - Janitorial 11 section. C. Contractor shall send each labor union or representative of workers with which s/he has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or workers' representative of their commitment under this section, and send a notice to the City of same. In the event of non-compliance by contractor with any of the non-discrimination provisions of this contract, the City shall have the right at its option to cancel the contract in whole or in part. XXlII. WITHDRAWAL: No bid may be withdrawn after having been opened in accordance with the Call-for- Bid opening time. XXIV. ALTERATIONS: No alterations in the proposal, specifications or contract will be allowed. 7/13/2001 City of Bremerton - Janitorial 12 GENERAL INFORMATION I. RFP SCHEDULE: The following are the projected time frames for this process: July 16, 2001 issue legal notice of RFP. July 16, 2001 issue RFP document and forms. August 10, 2001 vendor proposals accepted until 2:00 pm. II. SPECIFIC INSTRUCTIONS TO VENDORS: A. There will be a mandatory site walk-through at 10:00a.m., F-r4day, ,July 31, 2001. Prospective bidders should meet at that time, at the Front Entrance to City Hall, 239 Fourth Street, Bremerton, WA 98337. Vendors who have questions regarding any section of this RFP should refer those in writing to: Bill Eley, IS & Purchasing Manager City of Bremerton 239 4th Street Bremerton WA 98337 B. One (1) sealed copy of each proposal must be submitted by 2:00 pm, August 10, 2001 to: Bill Eley, IS & Purchasing Manager at the above address. C. Responses are to include a complete and independent proposal document, listing all items that are being proposed to the City. All costs and conditions must be stated clearly in this proposal document and the document must be dated and signed by the vendor. D. Vendors are encouraged to submit more than one proposal, under separate cover, if they can provide the City a choice of solutions. E. A City Evaluation Team will analyze each response to the RFP. Vendors may be asked to discuss, clarify and expand on the information submitted in their proposal during the evaluation process. F. The City of Bremerton is not liable for any costs incurred by the vendors in connection with RFP response preparation, demonstrations, pre-sale meetings or contract negotiations. 7/13/2001 City of Bremerton - Janitorial 13 JANITORIAL SERVICES PROPOSAL FORM Date: 8-8-01 To the City Council and City Clerk, City of Bremerton In accordance with your department, plans and specifications as listed and on file in the office of the City Clerk, the undersigned Golden Globe Jan±borial (Company Name) hereby agrees to provide janitorial services for a two (2) year period. Beginning 2001 as follows: 'f. City Hall, 239 4"~ Street $ 2471.98 Per Month 2. Pen"nit Center, 286 4~ Street ~ $ 629.42 Per Month 3. Fire Station #1 Admin, 817 Pacific Ave. $ 1 z 9.41 Per Month 4. Downtown Library, 612 5~ Street $ 19o. ?3 Per Month 5. Police Patrol Div. 4846 Auto Center Way $ 206.73 Per Month 6. Senior Center, 1140 Nipsic Ave. $ 286.85 Per Month 7. Parks Department, 680 Lebo Blvd. $ 2591.89 Per Month 8. Glenn Jarstad Aquatic Center, 50 Magnuson Dr. .$-lJ-O-l~]----Per Month 9. Public Works & Utilities Operations, $ 3 ? 1.68 Per Month 100 Oyster Bay Ave. 10. Equipment Services Div., 100 Oyster Bay Ave. $ 98.22 Per Month 11. Public Works & Utilities Admin., $ 745.42 Per Month 3027 Olympus Dr. 12. Forestry Division, 4398 W. Old Belfair Hwy. $108.73 Per Month TOTAL ..................................................................... $ 8923.87 Per Month (Price does not inc/ude tax) Eight thousand nine hundred twenty three dollars and eighty seven cents Total Monthly Amount Written 7/1312001 City of Bremerton - Janrlorial 28 $ 0.0 ? 26 Price Per Square Foot (Performance Inslruclions III. Z) Prices quoted include all cleaning supplies, materials and equipment: All rest room and kitchen supplies appropriate to existing fixtures. Please indicate that portion of proposed monthly contract amount that is set aside for supplies. $ ~_525.58 PerMonth. Please indicate prevailing wage used in calculating service rates. (Attach a separate sheet) Please indicate what percentage of proposed contract amount represents on-site supervision. ~_ 0 %. 7/13~2001 City of Bremedon - Janitorial 29 =Browse: Next Previous First Last Update Delete Restart X - Exit =Retrieve the Next record =Found: 1 Record(s) MAINTAIN Contract Transactions Contract Number 4225 Vendor Name GOLDEN GLOBE JANITORIAL ·Subject JANITORIAL SERVICES =Department PW - UTIL ·Status Code SVC + Amount $214172.88 Begin Date 09/20/2001 ~ Insurance End Date 09/19/2003 I Insurance Total $3000000.00 Insurance Review Date 09/01/2003 + Comments MONTH TO MONTH + PURCHASE AGREEMENT THIS AGREEMENT, made and entered into in triplicate, this/_/.¢~day of ,~¢~,,~_, 2001, by and between the City of Bremerton, hereinafter called "C~y" and Golden Globe Janitorial, hereinafter called "Contractor". WlTNESSETH: That in consideration of the terms and conditions contained herein and attached and made part of this Agreement, the parties hereto covenant and agree as follows: 1. SCOPE: Contractor shall perform all work and furnish all labor, tools, material and equipment for: Janitorial services in specified City owned facilities. All work will be in accordance with and as described in the attached Request for Proposal, and Performance Specifications for services, that are by this reference incorporated herein and made a part hereof. Contractor shall provide and bear the expense of all equipment, tools, materials and labor of any sort whatsoever that may be required for the performance of services provided for in this agreement and every part thereof, except such as are mentioned in the specifications to be furnished by the City. 2. TERM: This agreement is for a two year period commencing September 20, 2001 thru September 19, 2003. 3. PREVAILING WAGE: Contractor agrees to comply with provisions of RCW 39.04 and RCW 39.12 as defined in WAC 296-127-101,011, 025, 040, 045. 4. COMPENSATION: City agrees to pay Contractor according to the terms of the Contractor's proposal and at a time and in a manner provided for in the agreement. 5. LICENSES AND TAXES: Contractor shall possess a current Bremerton Business License and any regulatory license required to fulfill Contractor's obligations under this agreement. B & O taxes shall be paid when due, and Contractor by this agreement assigns any payments due under this agreement to the City Clerk for payment of such taxes that have been declared delinquent. 6. AUTHORIZED REPRESENTATIVE: The City's Authorized Representative shall act as advisor and consultant to the City in all matters relating to the agreement, and responsibilities shall include approving the amount, quality and acceptability of the services that are to be paid for under the agreement and approve all pay estimates prior to payment by the City. The decision of the authorized representative in the matters described above shall be final. The authorized City Representative for this project is Chris Mottner, 478-2316. 7. INSURANCE: Prior to commencing work under this agreement, Contractor will provide the City Risk Manager with a certificate of insurance evidencing comprehensive general liability insurance for all contractor operations in the minimum amount of $500,000 per occurrence for bodily injury and property damage. This certificate of insurance must be issued by an insurer acceptable to the City, must name the City of Bremerton an additional insur5ed and must provide for 30 days advanced notice of cancellation. Contractor shall keep the required insurance coverage current throughout the life of the 2 agreement and shall present the City with subsequent certifica[es of insurance as necessary to evidence the existence of on-going insurance coverage. 8. INDEMNITY: Contractor agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at anytime resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due too the negligence of the Contractor, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent that the City is found solely negligent for such damage or injury. 9. NON-DISCRIMINATION: Except to the extent permitted by a bona fide occupational qualification, Contractor agrees to the following practices during the term of this agreement: a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, national origin, sex, religion, age or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. 3 b. Contractor shall, in all solicitation for employees or job orders for employees placed with any employment agency, union or other firm or agency, state that all qualified applicants shall receive consideration for employment without regard to race, color, sex, religion, age or disability. The words "Equal Opportunity Employer" in advertisements shall constitute compliance with this section. c. Contractor shall send to each labor union or representative of workers with which s/he has a collective bargaining agreement or other agreement or understanding a notice advising the said labor union worker's representative of their commitment under this section, and send notice to the City of same. In the event of non-compliance by the Contractor with any of the non- discrimination provisions of this Agreement, the City shall have the right, at its option, to cancel this Agreement in whole or in part. 10. DOCUMENTS INCORPORATED BY REFERENCE: The following documents are incorporated by reference, to include, but not be limited tO: Terms and Conditions Performance Specifications Proposal 11. NOTICES: Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: City Clerk Golden Globe Janitorial 239 4th Street PO Box 2298 Bremerton, WA 98337 Silverdale, WA 98383 4 12. APPLICABLE LAW VENUE: This agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. 13. TERMINATION: This agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Contractor is providing services to the City as of the effective date of termination. 14. ATTORNEY'S FEES AND COSTS: In the event of any action or proceeding brought by either party against the other under this agreement, the prevailing party shall be entitled to recover for the fees and costs of its attorneys and such action or proceeding, including an appeal thereof, if any, in such an amount as the court may find reasonable. In addition, should it be necessary for either party to employ legal counsel to enforce any of the provisions herein, the defaulting party shall pay all attorney's fees and costs reasonably incurred. 15. ASSIGNMENT: The rights and obligations established by this agreement, except the receipt of payment, may not be assigned without written consent of the City. 16. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties and both parties acknowledge that 5 there are no other agreements, written or oral, that have not been fully set forth in the text of this agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF BREMERTON: CONTRACTOR: ~'~'/,'~ 7 ~' ~/-- Golden Globe Janitorial Services Inc. LYNN HORTON, MAYOR P.O. Box 2298 ~iiv,~ie, WA 983~3-2298 //I ~ ,~ / . EUGENE SAMPLEY, F~LIC WORKS & UTILITIES DIRECTOR ATTEST: KATHLEEN MCCLUSKEY, ADMINISTRATIVE SERVICES DIRECTOR APPROVED AS T~ ClT~Y 6