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HomeMy WebLinkAboutVarsity Contractors Inc - Janitorial Services I-it City of Pasco Janitorial Services Agreement This agreement, entered into this �ay of apo , 2004 between the City of Pasco, whose address is P.O. Box 293, 525 N. 3` Avenue, Pasco, Washington 99301 hereinafter referred to as the "City" and Varsity Contractors, Inc., whose address is 2100 South Cole Rd., Boise, Idaho 83709; hereinafter referred to as the "Contractor", for various janitorial services for City facilities. Whereas, the parties mutually agree as follows: 1 ) Purpose. The contractor shall, in accordance with the conditions and specifications set forth in this Agreement, including Attachment A, "Supplemental General Conditions", and Attachment B, "Detailed Contract Work Schedule", both exhibits which are attached and made a part of this agreement by reference, furnish to the City, building maintenance supplies and services as specified herein. 2) Term. The term of this agreement shall be for a period of twelve (12) months beginning March 15, 2004. Thereafter, the parties may mutually agree to renew this agreement for subsequent twelve (12) month periods, provided that both parties agree on pricing for such renewal term. 3) Payment. In consideration of the services to be provided, the City agrees to pay the contractor the amount of $ 11 ,240 per month for services as outlined in Attachment B. All payments shall be due and payable within twenty (20) days of receipt of invoice. City shall pay service fee on an past due amounts to be calculated at the rate of 18% per annum. City shall a se , YP P Y pay any costs, including reasonable attorney' s fees to enforce the provision of this agreement. 4) All work shall be performed by contractor in a professional and workmanlike manner, and Contractor shall provide regularly scheduled inspections by supervisory staff of all premises on which services are provided. 5) City shall have no right to direct or instruct persons employed or hired by Contractor in the performance of services herein enumerated. 6) All supplies, equipment and property brought onto City premises by Contractor shall remain the property of Contractor and shall not be subject to any lien or encumbrance resulting from any action of or against the City. Contractor may remove such property during City's normal business hours at Contractor's convenience. 7) 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, their agents, representatives, employees or subcontractors. y? z f f n A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1 . Automobile Liabilitv 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. 2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185 . There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance,policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3 . 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: 1 . Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $ 1 ,000,000 per accident. I 2. Commercial General Liability insurance shall be written with limits no less than $ 1 ,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: I 1 . The Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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,ested, has been .iven to the City. Y D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL E. Verification of Coverage. 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. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 8) Indemnification / Hold Harmless. The Contractor 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 in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24. 115 > then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, 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. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 9) Either party shall have the privilege, with or without cause, to terminate this Agreement at any time upon 30 days written notice to the party as herein specified. 10) In case of default by either party of any of its obligations contained herein, the other party shall have the right, at its option, to declare this Agreement null and void. Contractor may declare immediately due and payable all amounts due hereunder. 11 ) In the event that Contractor continues to provide services pursuant to the Agreement, beyond the initial term of the Agreement, it is agreed that the Agreement will continue in effect until 30 days after written notice of termination is given by either party. 12) Notice to the parties, as herein required, shall be given in writing, by certified mail, at the above listed addresses. 13) M odifications t o t his A greement in ay b e made b y in utual c onsent o f t he p arties, w hich consent must be in writing and signed by both parties. 14) City may, at its option, request Contractor to perform additional services beyond those listed on the attached "Detailed Contract Work Schedule". However, City agrees that any additional work will be performed at a price mutually agreed upon by the parties as of the time of performance. Such additional services shall be performed in accordance with the terms of this Agreement. 15) Contractor may not assign its obligations under this Agreement without prior written consent of City. 16) No services shall be performed by Contractor, its employees or subcontractors, which, in Contractor' s sole opinion, pose a safety hazard. 17) During the course of this Agreement or in the event of its termination for any cause, City shall not solicit employment of any employees or subcontractors for a period of 6 months. Contractor agrees to comply with all state and federal laws relating to the employment of labor and wages paid. Hourly wages to be paid laborers, workers, or mechanics shall not be less than the prevailing rate of wage for one ( 1 ) hours work in the same trade or occupation in Franklin County. 18) Contractor shall post the prevailing rate of wage statement in a location readily visible to workers at the job site, or as allowed by RCW 39. 12.020. The "Statement of Intent to Pay Prevailing Wages shall include: a) The Contractor's registration certificate number; and b) The prevailing rate of wage for each classification of workers entitled to prevailing wages under RCW 39. 12.020 and the estimated number of workers in each classification. c) Statements of intent to pay prevailing wages and affidavits of wages paid shall be on forms approved by the Department of Labor and Industries. 19) Contractor shall be responsible for any theft or damage by his/her employees/agents of any City property or City employee' s property. Contractor shall pay restitution at fair market value within ten (10) days to the City or City employee, whichever is appropriate. 20) All cleaning supplies, equipment and products necessary for the performance of this contract are to be provided by the Contractor. City's representative must approve a list of all cleaning supplies and products that the contractor intends to use. The City will provide products used on wood floors, toilet paper, paper towels, garbage can liners and liquid hand soap used to fill lavatory dispensers. 21) Contractor shall provide and d isplay i n j anitorial closets M SDS sheets on all chemicals used. In witness whereof the parties hereto have caused this agreement to be executed the day herein above written. City of Pasco/ J y By , Authorized Signature Varsity Contractors, Inc. BY: Authorized Signature ATTACHMENT "A" SUPPLEMENTAL GENERAL CONDITIONS A. Quality cleaning will be required pursuant to the standards set forth this specification beginning on the first day of this Contract. B. Normally, heating and air conditioning are curtailed upon the vacating of the space by the building- occupants. Air conditioning will be provided only when the official activities of the building dictate. C. No work shall be performed on weekends, when the City has no force on duty available for the inspection of the Contract work, unless prior approval of the Facilities Services Manager or his designated representative has been obtained, or the services are called for in the Contract. Prior approval can be given orally but written confirmation is required. D. In the event of an emergency condition that affects a particular section of a building (such as a broken water pipe), the Contractor shall divert a portion of his force as either scheduled or directed by the Facilities Services Manager from their normal assigned duties to meet the condition. When these employees are no longer needed for the special work, they shall be directed by the Contractor to return to their normal work. No additional cost shall be charged the City for the diversion, and the Contractor shall not be penalized because the normal daily work, which otherwise would have been performed during the interval, has been neglected. E. The Contractor shall require all employees to wear distinctive uniform clothing if so required by the City for ready identification, and assure every employee is in uniform on the date an employee first enters on duty. Employees shall wear uniforms consisting of shirts and trousers, coveralls, or smocks, as appropriate. At the discretion of the Facilities Services Manager, employees may be sent home if not in proper uniform. The uniform shall have the Contractor's name affixed thereon in a permanent manner. Any color or color combination, as appropriate, may be used. Employees shall be required to dress neatly, commensurate with the tasks being performed. Shorts, tank tops, halters, sandals, thongs, or any type of open-toed shoes shall not be worn by Contractor personnel. F. The Contractor shall provide the Facilities Services Manager at the start of the Contract, a list of all Contractor employees assigned to work in the building. The employee list shall include complete name, Social Security number, date of birth, home address, and telephone number for each. Such information can be used for the purpose of performing background investigations. Similar data will be submitted for all new hires. The Contractor shall beheld responsible for the accuracy of the data provided, and shall insure updated changes are provided to the Facilities Services Manager immediately upon their effective date. G. The Facilities Services Manager shall see that every employee on the Contractor's work force is provided an Identification Badge. The Contractor shall be responsible for filling out the information on the badge request form and checking each prospective employee through the City of Pasco Police Department. Upon obtaining acceptable certification of said check, the Contractor shall provide and issue photo identification badges to each employee. No Contractor employee shall begin work without a properly issued identification badge. It shall be the Contractor's responsibility to inform the Facilities Services Manager of all new employees promptly at time of employment. H. The Contractor shall see that all employees wear their badges on the outside of their uniform at all times when in City buildings. The Facilities Services Manager or building managers shall periodically verify badges of Contractor's employees. Those Contractor employees who do not have their badges properly displayed, have someone else's badge on, or do not have their badges can be sent home by the Facilities Services Manager and the employee's supervisor notified. The Contractor shall see that all badges are returned as his employees are dismissed or terminated. I. The Contractor shall prohibit his employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephones, VCR's, televisions or any other office equipment. J. The Contractor shall require his employees to comply with the instructions pertaining to conduct and building regulations, issued by duly appointed officials, such as the building managers, guards, inspectors, etc. K. The Facilities Services Manager will make periodic key audits as deemed necessary to insure that the Contractor is controlling all keys as required. L. All keys are to be secured in a lock box(s), provided by the Contractor, located on site unless otherwise authorized by the Facilities Services Manager. The Facilities Services Manager will be provided keys to the lock box by the Contractor. If any building keys are lost or broken the Contractor will be responsible for the cost of replacement keys at a charge of $25 .00 for each key. If it is deemed that lost keys pose a potential security risk the cost of re-keying will be borne by the Contractor. M. When requested, the Contractor shall cooperate with any ongoing investigation involving economic loss or damage to City buildings, or City and/or personal property located therein. STORAGE SPACE AND JANITOR'S CLOSETS A. Space available in the building will be assigned to the Contractor for the storage of his bulk supplies and the equipment used in the performance of the work of the Contract. The Contractor is required to keep these spaces in a clean, neat, and orderly condition at all times. B . Janitor's closets, located at various points throughout the building, may be used by the individual cleaners for storing equipment including mops, brooms, dust cloths, and other items, with the exception of flammable materials and wet mops. These closets, and the stored equipment, shall be kept clean and in order. C. Failure to keep any of the facilities described above in clean condition, satisfactory to the Facilities Services Manager may result in the withdrawal of the privilege of using them, or the Facilities Services Manager may have them cleaned, and the cost of such work charged to the Contractor. D. The City will not be responsible, in any way, for theft of or damage to the Contractor's stored supplies, materials, or equipment kept throughout the building in janitor's closets; or the Contractor's employees' personal belongings brought into the building. CONTRACTOR EMPLOYEE WORK HOURS: A. The Contractor's personnel shall be employed on the job a sufficient number of hours to accomplish all daily tasks in accordance with the Contractor's provided schedule to the quality standards set forth in the technical standard portion of this Contract. Where work is not performed according to the Contract specifications, the Deduction Criteria will be used by the City in determining deductions for nonperformance of work or for work below quality standards. The Contractor has the prerogative to either increase the number of employees on the job, or extend the work hours of the shift to insure compliance with the Contract specifications, neither of which shall alter the Contract cost. B . Daily start-work time for Contractor personnel shall be at 5 :30 p.m., Monday through Friday, unless otherwise directed. This time avoids conflict with most tenants and permits easier access to office areas. Contractor employees shall not start work earlier without express approval of the Facilities Services Manager and the Contractor's supervisory personnel. All Contractor personnel shall start work at the same time unless otherwise authorized by Facilities Services Manager. In the event of evening meetings being conducted the Contractor will be responsible for proper cleaning provided that the meetings end by 10:30 p.m. In areas where meetings end after this time, the City will be responsible for cleaning provided the Contractor reports the affected area to the Facilities Services Manager. BUILDING CLEANING CONTRACT DEDUCTIONS: A. It is the objective of the City to obtain full cleaning performance in accordance with the terms of the specifications, and at the quality standards of work set forth in this Contract. To this end, the City i s contracting for the complete performance of each cleaning job as identified in the specifications, and deductions will, therefore, be made accordingly. B. A deduction of $25 .00 per room or area per day will be assessed by the City for non-performance or deficiencies in work performed and will continue daily until such deficiencies or non-performance is corrected to the satisfaction of the Facilities Services Manager. This deduction shall control, in all cases, as distinguished from any estimates based on the Contractor's quoted price cost, the monetary level which the City may use to recoup from the Contractor for failure to perform or poor quality of performance. This deduction will be-considered as Liquidated Damages, and the Contractor specifically agrees with this amount as Liquidated Damages and that such sum is not a penalty. C. In the event the Contractor, for any reason whatsoever, fails to perform work to the quality required on the technical specifications of this contract, the City reserves the right to: a. Make deductions in accordance with the value of the unperformed work. b. At the discretion of the Facilities Services Manager, cancel the contract on as short a notice in writing as may be consistent with securing a replacement Contractor to take over the work specified in the canceled Contract. TECHNICAL PROVISIONS: A. Scope of Work. The work includes furnishing all labor, supervision, transportation, tools, equipment and materials necessary for accomplishment of janitorial services in accordance with these specifications in City buildings in the City of Pasco, Washington. The services shall include all functions normally considered part of workmanlike, satisfactory janitorial work. Work is to include: Routine Daily Cleaning and Periodic Project Cleaning. B. Safety. The Contractor shall be responsible for instructing employees in safety measures considered appropriate. In addition, the Contractor shall not permit placing or use of mops, brooms, or equipment in traffic lanes or other locations in such a manner as to create safety hazards, and shall provide appropriate warning signs for slippery floor areas caused by cleaning or floor finishing operations. Contractor's employees shall be required to interrupt their work at any time to allow passage of personnel. C. Inspection by the City. a. Daily inspection of the Contractor's work can be made by the Facilities Services Manager. The Facilities Services Manager has authority to point out to the Contractor incomplete or defective work but does not have the authority to alter the terns or conditions of the Contract. b. The Contractor shall submit to the Facilities Services Manager a schedule of work showing operations to be performed daily, weekly, and periodically for review by the Facilities Services Manager. Any changes needed in this schedule during the term of this Contract must be approved by the Facilities Services Manager. The schedule shall be as follows: 1 . Daily Requirements - List all services to be performed. 2. Weekly Requirements - The day in the week that work will be performed. i 3 . Project Requirements - Monthly, Quarterly, Three times Yearly, Semi-Annually, and annually. List all services to be performed and the date they are to be performed. NOTE : The Contractor shall be required to use the existing project work schedule so as to retain continuity of services. Any proposed changes by the Contractor will require prior approval by the Facilities Services Manager. D. Clean-up. All supplies, equipment, and machines shall be kept free of traffic lanes or other areas where they might be hazardous and shall be secured at the end of each work period in areas provided for this purpose. Cloths, mops, and brushes containing a residue of wax or combustible material subject to spontaneous ignition shall be removed from the buildings and disposed of in containers provided for this purpose. Cleaning solutions will be disposed of in plumbing fixtures provided for this purpose. E. Invoices/Payment. The CONTRACTOR shall furnish the CITY of Pasco with monthly invoices itemized by building. Each month, the CITY shall make a payment to the CONTRACTOR on the basis of approved invoices for work performed during the preceding time period under the contract. I I i I II