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Contract - 06-06-2017 - 8778 - Agreement for Purchased Services.AS -8778 Motion Items 5. BOCC Agenda Meeting Date: 06/06/2017 Agreement for Purchased Services Submitted For: Randy Stoltenberg, Facilities Maintenance Submitted By: Claire Hauge, Office of Financial Management Department: Facilities Maintenance Information Subject and Summary Statement On May 165 2017 the Board of County Commissioners approved a request from Facilities Maintenance to advertise a Request for Proposals to solicit interest from qualified individuals or firms interested in providing janitorial cleaning services for County owned buildings. On May 12, 2017, a Notice of Request for Proposals was advertised in the County's newspaper of record: The Daily News. Proposals were due no later than 4:00 p.m. on May 25, 2017. One proposal was received: AMB Industry Groups, LLC. A team of three (3) Cowlitz County Employees reviewed the proposals and scored them according to stated selection criteria described in the Request for Proposals. The review team consisted of: 1. Randy Stoltenberg, Facilities Director 2. Dwight Herron, Project Coordinator 3. Claire J. Hauge, OFM Director Based on the review staff recommends a contract be awarded to ABM Industry Groups, LLC. Will Staff Attend Y / N Yes Department Recommendation It is the recommendation of Facilities Maintenance that the Cowlitz County Board of Commissioners award a contract for Janitorial Cleaning Services of Cowlitz County Government Buildings to AMB Industry Groups, LLC. The initial term of the agreement is for three years: June 1, 2017 through May 31, 2020 with two separate one -year extension options. The cost of service for the first year is $185,165.16. Thereafter, the cost of service will increase by the Consumer Price Index, as described in the contract. Fiscal Impact Expenditure Required $: 185,165.16 Budget Sufficient Y -N: Yes Amendment Required Y -N: No Source of Funds - Fund /Dept.: Various Grant Y -N: No Attachments Purchased Services Agreement ABM Proposal ABM Insurance Certificate Inbox Reviewed By Randy Stoltenberg Randy Stoltenberg Dana Gigler Dana Gigler Matt Hanson Matt Hanson Clerk of the Board Tiffany Ostreim Form Started By: Claire Hauge Final Approval Date: 06/02/2017 Form Review Date 05/3112017 09:27 AM 06/0112017 08:54 AM 06/0212017 11:49 AM 06102/2017 12:14 PM Started On: 05130/2017 10:50 AM Proof of Publication * ** IN THE MATTER NOTICE OF PUBLICATION AVA HURSE being duly sworn says that she is the CHIEF CLERK of THE DAILY NEWS. And that THE DAILY NEWS, published in Cowlitz County, has been approved as a Legal newspaper by order of the Superior court of the State of Washington of Cowlitz County, and that the Annexed printed copy is a true copy of the notice in the above entitled matter as it was printed in the regular entire issue of said paper and online at www.tdn.com, for publication dates as listed below, and that said newspaper was regularly distributed to its subscribers during all of said period, and that said notice was published in said paper and not in a supplement form. That the full amount of the fee charged for said forgoing publication is as listed below, and is $3.50 per line for the first insertion and $3.00 per line for each subsequent insertion. There is also an additional charge of 10.00 for every additional affidavit copy over two copies. Cowlitz County Office of Financial Management 207 Fourth Avenue North Room 308 Longview, WA 98632 ORDER NUMBER 2114 AV U,,RttSE v am_ and sworn to before me this CY_ day of , 20 JENNIFER L. SM H tary ubli o the State of Washington R idin in Cowlitz County PUBLISHED ON: 05/12/2017 TOTAL AD COST: NOTICEREQUEST FOR PROPOSALS Janitorial Cleaning Services Cowlitz County Buildings NOTICE IS HEREBY GIVEN that written proposals are invited from qualified firms who can supply labor and equipment to perform janitorial cleaning services to fifteen (15) Cowlitz County Office Buildings in Kelso and Longview, WA. Any qualified individual or firm Interested in submitting a proposal may pick up a Request for Proposal package that includes specific information about the requested services and requirements for response. The package may be obtained at 207 N. 41h Ave, Room 308, Kelso, WA 98626, or by calling (360) 577 -306- 5. Proposals must be received at the Cowlitz County Office of Admin Services not later than 4:00 p.m., May 25, 2017. Late submittals will not be accepted. Envelopes con- taining submittals shall be sealed and marked "Cowlitz County Janito- rial Cleaning Services'. See pro- posal package for additional re- quirements. Cowlitz County reserves the right to re ect any or all proposals, to waive al irregularities and informalities in the proposals, to re- advertise for proposals if desired, and to accept the proposal that is most advanta- geous to the public and the County. Dated: May 10, 2017. Publish: May 12. 2017 140.00 FILED ON: 5/12/2017 r - pfitai19° iEl l li I ivIIH i cvPIRLO 140.00 FILED ON: 5/12/2017 iz CpG vo AGREEMENT FOR PURCHASED SERVICES JANITORIAL CLEANING SERVICES) Contract Number: 17- SHING1 THIS AGREEMENT is entered into between COWLITZ COUNTY, a political subdivision of the State of Washington, (hereinafter called "County" or "Cowlitz County ") and Name: ABM INDUSTRY GROUPS, LLC Address: 11879 NE Glenn Widing Drive, Portland, OR 97220 Phone N°: 360 - 601 -1608 hereinafter called "Contractor "). This Agreement is comprised of: Attachment A — Scope of Work Attachment B — Compensation Attachment C — General Conditions Attachment C — Special Terms and Conditions and Retirement Status Form (signature required) Attachment D — Prevailing Wage Attachment E — Small Works Roster quote form from vendor. copies of which are attached hereto and incorporated herein by this reference as if fully set forth. The term of this Agreement shall commence on the 1st day of June, 2017 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 31st day of May, 2020. This Agreement may be extended, upon mutual agreement, for two additional one -year periods. IN WITNESS WHEREOF, the parties have executed this Agreement on this day of June 2017. CO ()R: A M Ind roups, LLC B Print name: Vera Sailors Title: District Manager Date: June / 7 , 2017 Optional for Commissioner ATTEST: C. 2014_ver. 3] COWLITZ COUNTY: itle: BOCC approval subject to Board ratification or C)v- C 0 t ant \) authorization) h C'a I' It Como r r rhD "S""GT Y ON Cq r Clerk of the Board CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY PERSONAL SERVICES AGREEMENT ATTACHMENT A SCOPE OF WORK The contractor agrees to complete the purchased services work for Cowlitz County, as described below (or in the attached document), including the following elements: Building Department Square Footage Public Restrooms Non - Public contract period and compensation may be adjusted Restrooms Hall of Justice 11+ Common Areas 72,000 13 27 2- Locker Rooms Administration 10 +Common 54,400 6 2 Building Areas Administration 4 +Common Areas 10,000 4 1 Building Annex WSU Building 1 +Common Areas 2,840 2 0 Public Defense 1 +Common Area 4,000 2 4 Museum 1 +Common Areas 6,610 2 0 Juvenile Building 2 +Common Areas 12,316 2 4 Detention Areas excluded Jail Annex (New) 1 +Common Areas 10,296 4 2 Courtroom 2- locker Rooms Detention Areas excluded Human Services 3 +Common Areas 11,491 6 0 Building Health Department 1 +Common Areas 4,700 3 0 Training Building- Common Areas 41000 2 0 Boat House Kitchen Morgue 1- Common Areas 450 1 0 Public Works 1+ Common Areas 8,800 2 0 Building Cowlitz County 1+ Common Areas 2 0 Landfill Office Support 1+ Common Areas Enforcement Office Juvenile Detention Classroom & 1 0 0 office In the event the Contractor, or its agents or assigns, are unable to complete the work as scheduled, the contract period and compensation may be adjusted by mutual agreement of the County and Contractor. ATTACHMENT A Page 1 PERSONAL SERVICES AGREEMENT ATTACHMENT B COMPENSATION 1. ® a. FIXED FEE FOR SERVICE: For services rendered for the period June 1, 2017 through May 31, 2017, the County shall pay to the Contractor a fixed fee of One Hundred Eighty-Five Thousand One Hundred Sixty-five and 16/100 DOLLARS ($185,165.16) for the completed work set forth in Attachment A. ". During the contract period, the stated price for the service shall be adjusted annually based on the Consumer Price Index ( "CPI), as follows: At the beginning of each contract period (June 1) and at the beginning of each of the two, one - year contract extensions, the prices shall be increased or decreased by the same percentage as the percent change in the CPI for the twelve (12) months ending the preceding January. "CPI" means Consumer Price Index, All Cities, Urban Workers and Clerical Workers, (CPI -W), 1982 =100, as published by the United States Department of Labor, Bureau of Labor Statistics CPI "). If the Bureau of Labor Statistics ceases to publish that index in its present form, the parties shall substitute another index to reflect inflation in comparable terms. Contractor is to provide cleaning rags and vacuum. Cleaning supplies, garbage can /sani - liners, and restroom /kitchen paper supplies will be provided by County. Payments for completed tasks shall be made no more frequently than bi- monthly; quarterly; semi- annually; annually; annually; at completion of project; other (specify): monthly Each request for payment shall be supported by an invoice specifying the tasks completed up to the request for payment and the payment amount requested. In no event shall payment be sought in an amount which represents a percentage of the fee greater than the percentage of completed tasks. N' b. HOURLY RATES: For services rendered, the County shall compensate the Contractor at the following hourly rates: Name/Position Hourly Rate Payments for completed tasks shall be made no more frequently than monthly; quarterly; semi- annually; annually; at completion of project; other (specify) Each request for payment shall be supported by an invoice specifying: the name /position of the Contractor's employee if two or more are identified above; number of hours worked; completed tasks for which compensation is sought and; payment amount requested. In no event shall Contractor be compensated in excess of DOLLARS ($ and no /100 Dollars) for the completed work set forth in Attachment "A." ATTACHMENT B Page 1 PERSONAL SERVICES AGREEMENT 2. AND ATTACHMENT B a. The compensation set forth herein includes, without limitation: labor, materials, equipment, travel, telephone, computer, copiers and the like. K' b. The County shall reimburse the Contractor for actual expenses incurred for travel, telephone, copiers and computer. Reimbursement for airfare, mileage, meals and /or accommodations shall be at the same rate as that applicable to county employees traveling on county business. It c. Other (specify) The County, in addition to the compensation herein set forth shall provide to the Contractor the following: ATTACHMENT B Page 2 GENERAL CONDITIONS 1. Scope of Contractor's Services. The Contractor agrees to provide to the County services and any materials set forth in the project narrative identified as Attachment A during the agreement period. No material, labor, or facilities will be famished by the County, except as provided for herein. 2. Accounting and Payment for Contractor Services. Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment B. Unless specifically stated in Attachment B, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. 3. Delegation and Subcontracting. Contractor's services are deemed personal and no portion of this contract may be delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the County Project Manager. 4. Independent Contractor. The Contractor's services shall be furnished by the Contractor as an independent contractor and nothing herein contained shall be construed to create a relationship of employer /employee or master /servant. The Contractor acknowledges that the entire compensation for this Agreement is specified in Attachment B and the Contractor is not entitled to any county benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental or other insurance benefits, or any other rights or privileges afforded to Cowlitz County employees. The Contractor represents that it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract with the Internal Revenue Service on a business tax schedule, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. In the event that either the state or federal government determines that an employer /employee or master /servant relationship exists rather than an independent contractor relationship such that Cowlitz County is deemed responsible for federal withholding, social security contributions, workers compensation and the like, the Contractor agrees to reimburse Cowlitz County for any payments made or required to be made by Cowlitz County. Should any payments be due to the Contractor pursuant to this Agreement, the Contractor agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed. Notwithstanding any determination by the state or federal government that an employer /employee or master /servant relationship exists, the Contractor, its officers, employees and agents, shall not be entitled to any benefits which Cowlitz County provides to its employees. No Guarantee of Employment. The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 6. Regulations and Requirements. This Agreement shall be subject to all federal, state and local laws, rules, and regulations. Right to Review. This contract is subject to review by any federal or state auditor. The County shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County Project Manager. Such review may occur with or without notice, and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for six (6) years after contract termination, final payment or completion of audit, whichever is later, and shall make them available for such review, within Cowlitz ATTACHMENT C Pagel PERSONAL SERVICES AGREEMENT ATTACHMENT C County, State of Washington, upon request, during reasonable business hours. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 8. Modifications. Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 9. Termination for Default. If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. Mail, postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor agrees to bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 10. Termination for Public Convenience. The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion that such termination is in the interests of the County. Whenever the contract is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. It. Termination Due to Insufficient Funds. If sufficient funds for payment under this contract are not appropriated or allocated or are withdrawn, reduced, or otherwise limited, the County may terminate this contract upon thirty (30) days written notice to the Contractor. No penalty or expense shall accrue to the County in the event this provision applies. 12. Termination Procedure. The following provisions apply in the event that this Agreement is terminated a) The Contractor shall cease to perform any services required hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any. b) The Contractor shall provide the County with an accounting of authorized services provided through the effective date of termination. c) If the Agreement has been terminated for default, the County may withhold a sum from the final payment to the Contractor that the County determines necessary to protect itself against loss or liability. 13. Defense and Indemnity Agreement. The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elected officers, agents and employees, from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, his /her subcontractors, its successor or assigns, or its or their agent, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or ATTACHMENT C Page 2 PERSONAL. SERVICES AGREEMENT ATTACHMENT C damage as shall have been occasioned by the sole negligence of the County, its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The County agrees to defend, indemnify and save harmless the Contractor, its appointed and elected officers, agents and employees, from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the Contractor, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence ofthe County, its subcontractors, its successor or assigns, or its or their agent, servants, or employees, the Contractor, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the Contractor, its appointed or elected officials or employees. It is further provided that no liability shall attach to the Contractor by reason of entering into this contract, except as expressly provided herein. 14. Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. Along with the other provisions of this Agreement, this waiver is mutually negotiated by the parties to this Agreement. 15. Venue and Choice of Law. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action shall be in the courts of the State of Washington in and for the County of Cowlitz. This Agreement shall be governed by the law of the State of Washington. 16. Withholding Payment. In the event the County Project Manager determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the County Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the County Project Manager set forth in a notice to the Contractor of the action required and /or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provision of the Disputes clause of this Agreement. The County may act in accordance with any determination of the County Project Manager which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the County under this clause. 17. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available bylaw. 18. Contractor Commitments, Warranties and Representations. Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not ATTACHMENT C Page PERSONAL SERVICES AGREEMENT ATTACHMENT C incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 19. Patent/Copyright Infringement. Contractor will defend, indemnify and save harmless County, its appointed and elected officers, agents and employees from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of the Contractor's alleged infringement on any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County, its appointed and elected officers, agents and employees in any action. Such defense and payments are conditioned upon the following: a) That Contractor shall be notified promptly in writing by County of any notice of such claim. b) Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 20. Disputes: a) General. Differences between the Contractor and the County, arising under and by virtue of the contract documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. The records, orders, rulings, instructions, and decision of the County Project Manager shall be final and conclusive thirty 30) days from the date of mailing unless the Contractor mails or otherwise furnishes to the County Project Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the County Project Manager are in error. In connection with any appeal under this clause, the Contractor and County shall have the opportunity to submit written materials and argument and to offer documentary evidence in support of the appeal. Oral argument and live testimony will not be permitted. The decision of the County Project Manager for the determination of such appeals shall be final and conclusive. Reviews of the appellate determination shall be brought in the Superior Court of Cowlitz County within fifteen (15) days of mailing of the written appellate determination. Pending final decision of the dispute, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered. b) Notice of Potential Claims. The Contractor shall not be entitled to additional compensation or to extension of time for (1) any act or failure to act by the County Project Manager or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c) Detailed Claim. The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. 21. Ownership of Items Produced and Public Disclosure. All writings, programs, data, art work, music, maps, charts, tables, illustrations, records or other written, graphic, analog or digital materials prepared by the Contractor and /or its consultants or subcontractors, in connection with the performance of this ATTACHMENT C Page 4 PERSONAL SERVICES AGREEMENT ATTACHMENT C Agreement shall be the sole and absolute property of the County and constitute "work made for hire" as that phrase is used in federal and/or state intellectual property laws and Contractor and/or its agents shall have no ownership or use rights in the work. Except as to data or information in the public domain or previously known to Contractor or required to be disclosed by law, subpoena or other process, the following shall apply: a) Correspondence, emails, reports and other electronic or written work product will be generated between the Contractor and County during the course of this Contract. This Contract and such work product in the possession of Contractor may be deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW (Public Records Act). Thus, the County shall be required, upon request, to disclose this Contract and all documents related to it unless an exemption under the Public Records Act or other laws applies. Contractor shall fully cooperate with and assist the County with respect to any request for public records received by the County related to the services performed under this Contract. b) Should County receive a request for disclosure, County agrees to provide Contractor ten (10) days written notice of impending release, and to cooperate with any legal action which may be initiated by Contractor to enjoin or otherwise prevent such release, provided that all expense of any such litigation shall be borne by Contractor, including any damages, attorney's fees or costs awarded by reason of having opposed disclosure, and further provided that County shall not be liable for any release where notice was provided and Contractor took no action to oppose the release of information. Notice of any proposed release of information pursuant to Chapter 42.56 RCW, shall be provided to Contractor according to the "Notice" provision herein. If the Contractor has not obtained an injunction and served the County with that injunction by the close of business on the tenth business day after the County sent notice, the County will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Contractor must not take any action that would affect (a) the County's ability to use goods and services provided under this Contract or (b) the Contractor obligations under this Contract. The Contractor will fully cooperate with the County in identifying and assembling records in case of any public disclosure request. c) Contractor's failure to timely provide such records upon demand shall be deemed a material breach of this Contract. To the extent that the County incurs any monetary penalties, attorneys' fees, and /or any other expenses as a result of such breach, Contractor shall fully indemnify and hold harmless County as set forth in Section 13. For purposes of this section, the terms "public records" and "agency" shall have the same meaning as defined by Chapter 42.56 RCW, as said chapter has been construed by Washington courts. The provisions of this section shall survive the expiration or termination of this Agreement. 22. Recovery of Payments to Contractor. The right of the Contractor to retain monies paid to it is contingent upon satisfactory performance of this Agreement, including the satisfactory completion of the project described in the Scope of Work (Attachment A). In the event that the Contractor fails, for any reason, to perform obligations required of it by this Agreement, the Contractor may, at the County Project Manager's sole discretion, be required to repay to the County all monies disbursed to the Contractor for those parts of the project that are rendered worthless in the opinion ofthe County Project Manager by such failure to perform. Interest shall accrue at the rate of 12 percent (12 %) per annum from the time the County Project Manager demands repayment of funds. ATTACHMENT C Pages PERSONAL SERVICES AGREEMENT ATTACHMENT C 23. Project Approval. The extent and character of all work and services to be performed under this Agreement by the Contractor shall be subject to the review and approval of the County Project Manager. For purposes of this Agreement, the County Project Manager is: Name: Randy Stoltenberg Title: Facilities Director Department: Facilities Maintenance Department Address: 207 N. 4`h Avenue, Kelso, WA 98626 Telephone: 360-577-3065 E -mail: stoltenbergr @co.cowlitz.wa.us In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the County Project Manager as to the extent and character of the work to be done shall govern subject to the Contractor's right to appeal that decision as provided herein. 24. Non - Discrimination. The Contractor shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap. 25. Subcontractors. In the event that the Contractor employs the use of any subcontractors, the contract between the Contractor and the subcontractor shall provide that the subcontractor is bound by the terms of this Agreement between the County and the Contractor. The Contractor shall insure that in all subcontracts entered into, County is named as an express third -party beneficiary of such contracts with full rights as such. 26. Third Party Beneficiaries. This agreement is intended for the benefit of the County and Contractor and not for the benefit of any third parties. 27. Standard of Care. The Contractor shall perform its duties hereunder in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession as Contractor currently practicing under similar circumstances. The Contractor shall, without additional compensation, correct those services not meeting such a standard. 28. Time is of the Essence. Time is of the essence in the performance of this contract unless a more specific time period is set forth in either the Special Terms and Conditions or Scope of Work. 29. Notice. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, any notices shall be given by the Contractor to the County Project Manager. Notice to the Contractor for all purposes under this Agreement shall be given to the person executing the Agreement on behalf of the Contractor at the address identified on the signature page. 30. Severability. If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 31. Precedence. In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a) Applicable federal, state and local statutes, ordinances and regulations; b) Scope of Work (Attachment A) and Compensation (Attachment B); c) Special Terms and Conditions (Attachment D); and d) General Conditions (Attachment Q. ATTACHMENT C Page 6 PERSONAL SERVICES AGREEMENT ATTACHMENT C 32. Waiver. Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 33. Attorney Fees. In the event that litigation must be brought to enforce the terms of this agreement, the prevailing party shall be entitled to be paid reasonable attorney fees. 34. Construction. This agreement has been mutually reviewed and negotiated by the parties and should be given a fair and reasonable interpretation and should not be construed less favorably against either party. 35. Survival. Without being exclusive, Paragraphs 4, 7, 13 -19, 21 -22 and 30 -35 of these General Conditions shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other Paragraphs of this Agreement which, by their sense and context, are intended to survive shall also survive. 36. Entire Agreement. This written contract represents the entire Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein. ATTACHMENT C Page 7 PERSONAL SERVICES AGREEMENT ATTACHMENT C SPECIAL TERMS AND CONDITIONS AND RETIREMENT STATUS FORM 1. Reporting. The Contractor shall submit written progress reports to the County Project Manager as set forth below: With each request for payment. Monthly. Quarterly. Semi - annually. Annually. Project completion. Other (specify) Progress reports shall include, at a minimum, the following: Itemized list of charges and schedule of deliverables tied to the request for payment. Reports shall include any problems, delays or adverse conditions which will materially affect the Contractor's ability to meet project objectives or time schedules together with a statement of action taken or proposed to resolve the situation. Reports shall also include recommendations for changes to the Scope of Work, if any. Payments may be withheld if reports are not submitted. 2. Insurance. The Contractor shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RC W Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Contractor or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: COMPREHENSIVE GENERAL LIABILITY: Minimum: Bodily injury, including death. $1,000,000 per occurrence Property damage $1,000,000 per occurrence ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY with an Extended Reporting Period Endorsement (two year tail). $1100000 per occurrence WORKERS COMPENSATION: Statutory amount AUTOMOBILE: coverage on owned, non - owned, rented and hired vehicles Bodily injury, liability, including death $1,000,000 per occurrence Property damage liability $1,000,000 per occurrence All Contractor's and Contractor's subcontractors' insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non - contributory. Any insurance, self - insured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All Contractor's and Contractor's subcontractors' liability insurance policies must be endorsed to show this primary coverage. ATTACHMENT C Page 8 PERSONAL SERVICES AGREEMENT ATTACHMENT C Upon request, the Contractor shall provide a full and complete certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer's financial condition or licensing status in Washington. Any deductibles and /or self - insured retentions exceeding $10,000, stop loss provisions, and /or exclusions contained in such policies must be approved by the County in writing. For any deductibles or self - insured retentions exceeding $10,000 or any stop -loss provisions, the County shall have the right to request and review the Contractor's most recent annual financial reports and audited financial statements as a condition of approval. Contractor hereby agrees to a waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit Contractor to enter into a pre - loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Contractor enter into such a waiver of subrogation on a pre -loss basis. The County, its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Contractor's and Contractor's subcontractors' insurance policies by way of endorsement for the full available limits of insurance maintained by the Contractor and subcontractor, and all coverage shall be primary and non - contributory. A statement or notation of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [This endorsement shall not be required ifthe Contractor is a governmental entity and is insured through a governmental entity risk pool authorized by the State of Washington.] The Contractor shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self - insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation or non - renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: Risk Manager, Cowlitz County Administrative Services., 207 4th Ave. N., Kelso, WA 98626. This Agreement shall be void ab initio if the proof of coverage is not timely supplied. The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Contractor under this Agreement. All insurance policy deductibles and self - insured retentions for policies maintained under this Agreement shall be paid by the Contractor. Compensation and /or payments due to the Contractor under this Agreement are expressly conditioned upon the Contractor's strict compliance with all insurance requirements. Payment to the Contractor shall be suspended in the event of non - compliance. Upon receipt of evidence of Contractor's compliance, payments not otherwise subject to withholding or set -off will be released to the Contractor. This Agreement shall be void ab initio if the proof of coverage is not timely supplied. If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims -made policy, the Extended Reporting Period Endorsement is not required. 3. Liquidated Damages. For delays in timely completion of the work to be done or missed milestones of the work in progress, the Contractor shall be assessed Dollars ($ ) per day as liquidated damages and not as a penalty because the County finds it impractical to calculate the actual cost of delays. Liquidated damages will not be assessed for any days for which an extension of time has been granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire project. 4. Prevailing Wages. Prevailing wages, in accordance with RCW 39.12, applies to this contract. The Contractor and all subcontractors shall pay no less than the prevailing wage rate to all employees. A list of the applicable prevailing wage rates are included in Attachment D. The Contractor and all subcontractors shall submit a "Statement of Intent to Pay Prevailing Wages" and an "Affidavit of Wages Paid" in compliance with RCW 39.12.040. No cost increases will be allowed during the first term of the contract. Thereafter, any Contractor proposed cost increase resulting from a change in prevailing wage rates, shall be compensated by the County on a pass through basis, only. The Contractor shall submit proposed cost increases arising from changing prevailing wage rate increases, including an explanation and relevant documentation regarding such increases, to the County contract administrator at least Sixty (60) days prior to the contract anniversary date. ATTACHMENT C Page 9 PERSONAL SERVICES AGREEMENT ATTACHMENT C 5. Contractor Personnel. Prior to working at any County facility, Contractor's employees must successfully pass a thorough criminal and background check that may include fingerprinting. In addition, it shall be the Contractor's responsibility to notify the County contract administrator prior to making any staff changes that might otherwise allow an employee who has not been checked access to County facilities, and to notify the County contract administrator as to any criminal arrests or convictions of any Contractor employee during the term of the Agreement. County retains the right to refuse access to any County secured area or County areas closed or limited for public access by any Contractor employee with a criminal conviction and /or arrest during any previous, ten (10) year period. The janitorial services performed may include County facilities with secured access, and areas closed or limited for public access during normal business hours. The Contractor's employees shall maintain the security of these areas by locking them immediately upon entering the facility or limited access areas and again when leaving the facility or area after completing the janitorial services. Prior to leaving the facility or area, Contractor's employees will make a final check of all windows, exterior doors, gates or other access points to the building or area to ensure they have been locked and that all lights, except night lights, have been turned off. If working after normal business hours, Contactor's employees will not, under any circumstances, allow any unauthorized person(s) entry into any County facility or secure area. Unauthorized persons include, but are not limited to the spouses, children, friends or relatives of Contractor's employees. Contractor will notify its employees that the facilities included in the contract for janitorial services are subject to daily inspection by County staff for the purpose of identifying janitorial service deficiencies, assessing the Contractor's performance, and determining adjustments to service levels. Noted deficiencies in performing janitorial services shall be corrected by Contractor's employees the next business day or within hours of County notification to the Contractor. Deficiencies resulting in a public safety or other direct, health or sanitation threat shall be corrected within hours, or immediately if the severity public health and safety so warrants. 6. 1 1PPA Certification. The employees of Contractor must attend training and sign a letter of understanding regarding requirements to maintain confidentiality pertaining to medical and legal records. ATTACHMENT C Page 10 PERSONAL SERVICES AGREEMENT ATTACHMENT C COUNTY RETAINS THIS FORM Individual contractors and service providers must complete and sign WA Department of Retirement Systems: Independent Contractor Verification and State Retirement Status Reporting Form [WAC 415 -02 -110; DRS Email 13 -011; DRS Email 09 -001] SECTION 1: INDIVIDUAL CONTRACTOR COMPLETES THIS SECTION AND SIGNS: Did you retire from one of the State of Washington Retirement Systems? YES NO Did you retire before age 65 using the 2008 early retirement factors (ERF)? YES NO Will you be receiving direct compensation for your services? YES NO Will you be receiving indirect compensation for your services? YES NO CONTRACTOR (Full, individual name of contractor): Signature: Social Security No. : Date: SECTION 2: COUNTY HUMAN RESOURCES DEPARTMENT COMPLETES THIS SECTION AND RETAINS FOR AUDIT PURPOSES: Use Member Reporting Verification (MRV) to verify the past retirement membership] 1. Contractor has been a member of a Washington State Retirement System YES NO If YES, what system and plan? Teachers' Retirement System (TRS) Planl Plan 2 Plan 3 School Employees' Retirement System (SERS) Plan 2 Plan 3 Public Employees' Retirement System (PEAS) Plan 1 Plan 2 Plan 3 Public Safety Employees' Retirement System (PSERS) Plan 2 Law Enforcement Officers' & Fire Fighters' Retirement System (LEOFF) Plan 1 Plan 2 Washington State Patrol Retirement System (WSPRS) Plan 1 Plan 2 Judicial Retirement System (JRS) 2. Is the contractor a retiree of a Washington State Retirement System? Yes No 3. Did the contractor retire before age 65 using the 2008 ERF? Yes No I have verified the information above using MRV or by contacting DRS, and I have evaluated the individual Contractor, Independent Contractor or Service Provider under WAC 415 -02 -110 and /or DRS Form MS 344 R 5/09), and the Internal Revenue Service rules governing independent contractor status. COUNTY OFFICIAL /DEPARTMENT REPRESENTATIVE: Signature: Date: COUNTY HUMAN RESOURCES DEPARTMENT RETAINS THIS FORM ATTACHMENT C Page 11 PERSONAL SERVICES AGREEMENT ATTACHMENT D PREVAILING WAGES State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360 - 902 -5335 PO Box 44540, Olympia, WA 98504 -4540 Washington State Prevailing Wage ATTACHMENT C The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A briefdescription of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 6/1/2017 County Trade Job Classification Wage Holiday Overtime Note Cowlitz Building Service Employees Janitor 11.00 1 Cowlitz Building Service Employees Shampooer 16.22 1 Cowlitz Building Service Employees Waxer 16.22 1 Cowlitz Building Service Employees Window Cleaner 15.89 1 http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/ ATTACHMENT C Page 12 ABM PROPOSAL to provide: Janitorial Services 2017 Cowlitz County Janitorial Services Prepared for: Cowltiz County Location(s): Hall of Justice Administration Building Administration Building Annex WSV Building Public Defense Museum Juvenile Building Jaii Annex Health /Human Services Building Training Building -Boat House Morgue Court House Square Public Works Landfill Support enforcement Presented Eby. ABM industry Groups, LLC Vera Sailors District Manager vera.sailors@abm.com Office: 360- 254 -6404 Cell: 360 -601 =1608 Fax: 360 -254 -4042 a May 24, 2017 Cowlitz County 207 North 4th Ave. Longview, WA 98626 Dear Randy Stoltenberg, We are pleased to submit the enclosed Janitorial proposal for Cowlitz County in response to your recent RFP. We believe this proposal offers Cowlitz County a quality- oriented, cost - effective janitorial program that will meet your needs. It is our understanding that your key objectives include: Cost effective janitorial program - 2 days per week for 13 county buildings and 5 day a week for public bathrooms Must be a contracted janitorial company in business for a minimum of at least five (5) years Must currently provide janitorial service for 100,000 sq. ft. or more, and have the ability to increase workload to provide services described herein Must currently provide janitorial service to at least two (2) commercial accounts consisting of government, educational, library, office, and associated public access areas Must currently have at least $150,000 in annual gross revenue. In order to accomplish these objectives and deliver results, ABM proposes to: Provide proposal which describes ABM janitorial programs (training, safety and quality assurance) Provide a completed and signed RFP Proposal form Provide a completed and signed Proposer's Qualification Certificate: Provide a completed and signed Non - Collusion Certificate Provide a completed and signed Affidavit of Equal opportunity and Title VI compliance Form Provide a minimum of three verifiable references for satisfactory janitorial services performed for office buildings that have a minimum of 100,000 sq. ft. and include 50 office spaces and or school rooms in the last five years We strive to exceed your expectations through our dedicated personnel, innovation and a commitment to customer satisfaction. ABM will be an excellent partner for Cowlitz County because we have extensive experience in serving the Municipality Facilities. Our entire organization stands behind this proposal and all of the commitments made to Cowlitz County. If there is any additional information I might provide, please don't hesitate to call or write. All of us at ABM look forward to the opportunity of working with you. Sincerely, Teresa Hayes Vera Sailors Branch Manager District Manager Executive Overview We're at your service... with reliable people, technology and experience ABM is pleased to offer Cowlitz County our valued Janitorial Services. Our team works with you to provide flexible, customized services at a fair price that will: Enhance your facility's image and appearance Help you optimize overall return on cost - savings solutions Create clean, healthy and well- maintained environments in a safe manner To provide a consistent quality of service with measurable results at Cowlitz County, we'll put our industry- leading methods to work. These consistent standards apply to chemical and equipment selection and use, employee training, safety, security and quality control. You'll find that we take our responsibilities to you seriously, from our corporate offices to local managers and service workers at your facility. ABM employees will have the same goals as you do. We'll stay on top of your needs through technologically advanced communication, tracking, reporting and data analysis. That's why our satisfied customers have made us one of the largest facility services contractors on the New York Stock Exchange. In more than 100 years of doing business, we've learned how to work hard AND smart. We offer: Experience + Innovation = A combination that brings you our tradition of excellence coupled with new ways to solve problems and increase efficiencies. National Scale + Local Presence = providing you with remarkable economies and expertise coupled with knowledge of your locale and specific needs. ABM gives your employees a "ready to work" environment... one that leaves your facility with a positive impression of your facility We invite you to review the highlights of how we will put ABM's expertise to work for you. We also encourage you to call our references, listed in this proposal. Thank you for allowing us to provide this proposal for janitorial services. ABM believes that what we actually do for our customers will always prove more important than what we say we're going to do. Let us prove to you that our word —and our work —are ALWAYS reliable. Welcome to ABM Since our beginning in 1909, we've listened to our customers. While much has changed in the last 100 years, our values remain unchanged. From our humble beginning, as a one man window washing company, ABM has continued to build a legacy through industry leadership, growth and innovation with a commitment to integrity. A wide range of services to meet your facility needs ABM is the leading provider of facility services in the United States offering a wide range of services including, janitorial, security, parking, landscape, maintenance and energy services. The ABM subsidiaries are organized by trade expertise and reach our customers in all 50 states, Puerto Rico, and British Columbia, Canada, via 240 branch offices. We offer you a qualified, professional workforce combined with proven methods and the latest technology. Together, these elements allow us to maximize your facility service dollar with: Cost reductions Greater efficiencies Locally managed supervision Customizable solutions Bundled services Strong financials mean the ability to offer you more Our success has come from faithfully serving our customers. Size, operational infrastructure and financial strength enable us to offer you a level of sophistication that translates into savings and peace of mind. You'll find that our size works to your advantage because you receive the large company resources, expertise and technology you need, plus the value inherent in economies of scale. Yet, through our branch offices, we offer the personalized service and knowledge of a local company. Our greatest asset is, and always has been, our people We have the greatest respect for the skilled and hardworking people we employ. Our work environment reflects a sense of community and embraces diversity. We encourage innovation and the personal and professional growth of each team member. Comprehensive training and employee safety programs enhance service levels for every customer and keep costs down. Values and culture you can count on Our relationship with you will be built on our core values: respect, fairness, and dignity. Every employee at ABM knows this and puts it into action at every job site. We have a culture of learning, teamwork and mutual accountability. We believe in integrity, compliance and good corporate citizenship. We bring added value to our customers not only through the many services we perform, but because of who we are and what we believe. Our values and culture will guide us to continually provide consistent, quality, and reliable service to our customers and build enduring relationships. Applying ABM standards to partners ABM self performs approximately 95% of our services. In those areas where we do not currently have an established regional or branch office or local service expertise, or when diversity spend is a goal, services are subcontracted through affiliated partners. Service partners are subject to pre - qualification reviews to ensure they can meet ABM's customer service requirements and have the applicable insurance, business licenses and, when required, diversity certification documentation. Furthermore, ABM has established sophisticated purchasing and subcontract management processes that enable us to procure quality services, manage service partners effectively and save our customers money. CONTRACTOR'S PROPOSAL: Total Monthly Proposed Contract Amount 5, Y30, y3 Contact Nai0e: Contact Number: Washington State Sales Tax at 8.1% (City of Kelso) Dates of Service: Total Annual Proposed Contract Amount Square Footage Cleaned: g Reference #1 Business Name: e'l r _SLVOD` Contact Name: Contact Number: Atian Steinbrmner 3&0- Gov -y07 Dates of Service: From L3 s 6:7 To: i (7e S 6y, - Square Footage Cleaned: Number of Employees: 3.-6 rf , 0 Reference #2 Business Name: Contact Nai0e: Contact Number: Pan Contact Number: ago- yg7 -83 v Dates of Service: From o 0 /O5 To. Pre- 5e ii .- Square Footage Cleaned: Number of Employees: SUG a a 1 Reference #3 Business Name: Contact Name: Contact Number: IU e ri NS /'I Dates of Service: From f 5 F6 To: —TIC S PiY1T Square Footage Cleaned Number of Employees: 7 Facility Services Janitorial RFP 2017 1 V Page 9 The undersigned agrees to provide the foregoing services in accordance with the attached specifications, with no deviations except as noted. DATE OF PROPOSAL: S -a? S4 % PROPOSAL SUBMITTED By: TITLE: SIGNATURE: ADDRESS: II S7 I o r` TELEPHONE: d — FAX: —80,2-46 3- Mi5/ Gror'4fii - Ve!c cSGADIs PROPOSER acknowledges receipt of the following addenda: ' ; and Proposal shall be mailed or delivered no later than May 25, 2017, by 4:00 p.m. Proposal may be mailed, or delivered in a sealed envelope marked Cowlitz County Janitorial Cleaning Services" to the following: Cowlitz County Facilities Maintenance Department Attn: Randy Stoltenberg 207 N. Fourth Avenue, Room 308 Kelso, WA 98626 Telephone: (306) 577 -3065 Fax: (306) 423 -9987 Facility Services Janitorial REP 2017 -- - Page 10 NON — DISCRIMINATION & EQUAL EMPLOYMENT OPPORTUNITY AFFIDAVIT THIS FORM MUST BE COMPLETED IN ITS ENTIRETY AND NOTARIZED STATE OF ' 3 a fd' [9 r COUNTY OF X11 Name y Cfn'_, SGAf) (, being first duly sworn, deposes and says that he /she is o rs I of y(J%G7 e1 ti GfS2f_ LLc Title G Company The party that made the foregoing Proposal; that such party as Bidder does not and shall not discriminate against any employee or Bidder for employment because of race, religion, color, sex or national origin. If awarded the Proposal and contract under this Proposal, said party shall take affirmative action to insure that Bidders are employed and that employees are treated, during employment, without regard to their race, religion, color, sex or national origin. If successful as the lowest and best Bidder under the foregoing Proposal this party shall post non - discrimination notices in conspicuous places available to employees and Bidders for employment setting forth the provision of this affidavit. A Affiant Signature Date Affiant Title Company /Corporations Address City /State /Zip Code Sworn to and subscribed before me this 26 day My Commission Expires: AaA I8 1 , ION 0, Notary ]Publlilc State of Washington S(SOKY S WAN MY COMMISSION EXPIRES NON - COLLUSION CERTIFICATE Exhibit G STATE OF WASHINGTON E- j COUNTY OF The undersigned, being duly sworn, deposes and says that the person, firm, association, co- partnership or corporation herein named, has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competition in the preparation and submission of a proposal to Cowlitz County for consideration in the award of a contract on the services described as follows: JanitoriaiServices for Cowlitz Count r Groin LLC A Authorized Signature) IS J1C`A 94/_ Title) Sww n to before me 2 2017. Notary Publi i and for the State of Washington. My a ointm ntt expires: 1 o1G Notary Pa0 IaoLEAL" tate of Wasba¢cgt ®® SUKY S WAN COMMISSION EXPIRES CORPORATE May ot , 2099 emu. Facility Services Janitorial upa 2017 Page 21 6-d etit,;k 2 Vera Sailors From: Bischoff, Jessica < Jessica .Bischoff @co.cowlitz.wa.us> Sent: Wednesday, May 24, 2017 11:27 AM To: Vera Sailors Subject: [EXTERNAL] RFP for Cowlitz County Janitorial Services requirements Please note that a question has been asked with regards to an RFP requirement. In all fairness of the bidding process, the answer will be shared with all Contractors. In the RFP under submittal requirements line 2. It ask to include A completed and signed Proposer's Qualification Certificate. This was not included in the RFP. Is there a copy of this certificate? With the deadline for submittal being May 25, 2017, the decision was made that the Proposer's Qualification Certificate will be waived at this time. If there are any other questions please let us know. Jessica Bischoff Office of Administrative Services 207 Fourth Avenue N. Room 308 Kelso, WA 98626 P: 360 -577 -3065 ext 6986 F: 360 - 423 -9987 Jessica. bischoff@co.cowlitz wa us 1. Human Service moved into Health Service building. Human service building is not calculated into the monthly proposed contract price. 2. Additional cleaning that was not on RFP is the Juvenile detention classroom. Class room and one office clean daily. The price for this addition is $338.00 month. EXPERIENCE WORKING WITH SIMILAR GOVERNMENT AGENCIES Exhibit B Score Criteria 5 Has or currently is cleaning city buildin s 10 Has or currently cleaning city, school district buildings is Has or currently cleaning city, school district, County Buildings 20 Has or currently cleaning city, school district, County Buildings, State Buildin s. Proposer Name: mm ti« ii j^ s' L Total Score: 15 Raters: Date: 5, 0 (l z o (-1 a - - -- - - - - -- - - - - FacilityServices Janitorial RFP 2017 Page 16 Customer Reference Res ounses Exhibit C Criteria Questions On a scale of 1 -5 how well did your Janitorial service perform for you S On a scale of 1 -5 was your Janitorial service quick to respond to complaints. S On a scale of 1 -5 were the employees of the firm courteous to your employees and visitors. On a scale of 1 -5 were the firms employees professionally dressed and presentable. 2 1 Scoring: Total score of 1- 5 = 2- points Total score of 6 -10 = 5 points Total score of 11 -15 = a points total score of 16-20= 10 points Proposer Name: A16M a7 Jdwgf-(;a rou% ,LG(, Reference Location: r TZ kA-(1 i Total Score: Raters: Date: /2l0 IZo i i Facility Services Janitorial RFP 2017 — -- - - Page 17 Overall Response to the RFP Exhibit Criteria Attended the optional walk- through N/A Just the proposal sheet is turned in =1 point RFP package includes an overview of all key elements of the selection criteria. = 5 points Proposer Name: Aft 1/I i5 a4 GL,2u 6P P 1 otal Score: 6' Raters: Date: _-5-/Z 4 124 l —1 Facility Services Janitorial RFP 2017 Page 18 Safety P -Mrann Exhibit E A written safety program exists to train the firms employees 5- points Incident Rate calculated 200,000 times number of incidents divided by hours worked Less than 10 = 2 points Less than 8 =4 points Less than 5 =6 Points Less than 3 =8 Points Less than 2 =10 points Proposer Name: l /1J /' I ,-L[i Total Score: 1aCl' Raters: Date: Facility Services Ia- -janitorial ]3FP 2017 Page 19 JANITORAL ELEMENT Lowest Annual Cost Proposal Exhibit F Criteria The Lowest Annual Proposed Cost, will be scored as follows: ` Lowest Cost 50 Points Second Lowest Cost 40 Points Third Lowest Cost 30 Points Forth Lowest Cost 20 Points Fifth Lowest Cost 10 Points ProposerNarne /7BA 77wala il-1.1 (;r ouj L i—C. TotalSeore: Raters: Date: 5-,Z(e 17n i F y Se_ Ji s janitorial RFD 201. Facility ro 1 r 1 Gn v Page 20 123486 Ac Iii'l a "" CERTIFICATE OF LIABILITY INSURANCE INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DATE(MMIDD/YYYY) liia . POCYE %P - -- -- - - " iTR TYPE OF INSURANCE ADULISUUR- " -" POLICYEFF--- LI POLICY NUMBER MMtDO/YYYY MMt0DIYYYY LIMITS 10/25/2016 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. EACH OCCURRENCE s 2,000,000 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(fes) must have ADDITIONAL INSURED provisions or 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 endorsemont(s). PRODUCER CONTACTNAME! DAMAGETO RENTED PREMISGS IE.'u ou,ununce) B 2,000,000 Commercial Lines - (415) 541 -7900 PHONE FAX 51,000000 a IR Wells Fargo Insurance Services USA, Inc. - CA Uo #: OD08408 AJV,NU katl _. ___ _ INC, Nog E -MAIL. - - -- ADDRESS: MED EXP(Any one person) $ Excluded 45 Fremont Sf! @ @L $Ulf@ BOO XCU INSURERISI AFFORDING COVERAGE i NAICN San Francisco, CA 94105 -2259 INSURER A: ACE American Insurance Company 22667 INSURED INSURER a. ACE Property and Casualty Ins Co, 20699 ABM Onsite Services, Inc. INSURER C; PERSONAL &ADV INJURY I S 2,000,000 an ABM Industries Incorporated Company BE_RL AGGREGATE LIMIT APPLIES PER: INSURER O: 4151 Ashford Ounwoody Road, Suite 600 GENERALAGGREGATE &000,000 INSURER E: POLICY [::] PRO- 1 LOC Atlanta, GA 30319 INSURER F I$ _ COVERAGES CERTIFICATE IdtIMRER, I lUO6768 vavlslnM Mn VIRPD. qoo hol, %A, 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. POCYE %P - -- -- - - " iTR TYPE OF INSURANCE ADULISUUR- " -" POLICYEFF--- LI POLICY NUMBER MMtDO/YYYY MMt0DIYYYY LIMITS A X COMMEIAL GENERAL LIABILITYRC XSLG27858788 11/01/2016 11/01/2017 EACH OCCURRENCE s 2,000,000 I1 CLAIMS -MADE X I OCCUR DAMAGETO RENTED PREMISGS IE.'u ou,ununce) B 2,000,000 X 51,000000 a IR MED EXP(Any one person) $ Excluded XCUIX PERSONAL &ADV INJURY I S 2,000,000 BE_RL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE &000,000 X POLICY [::] PRO- 1 LOC I$ _ JECT t_J PRODUCTS AGG $ 2,000,000 A AUTOMOBILE LIABILITY ISAH09051302 11/01/2016 11/01/2017 CUM" NEOSINGLF 1 lf'" iS 5,000,000NC'I UnI X ANYAUTO BODILY INJURY (Per person) $ X OWNED SCHEDULED x AUTOS ONLY _ AUTOS BODILY INJURY (Per accidaulji3 HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY Modad HTY UAMAGE -- Per aecidon0 i $ 8 X UMBRELLA LIAR X XOOG27910865 002 11/01/2016 11/01/2017 EACH OCCURRENCE $ 5,000,000 EXCESS UAB CLAIMS -MADE AGGREGATE g 5,000,000 DED X RETENTIONS 25,000 A WORKERS COMPENSATIONANDEMPLOYERS'LIABIUTY YIN WCUC49104362 11/01/2016 11/01/2017 X1FTATUTEVER Ofh- "i FR E.L. EACH ACCIDENT 1.000,000ANYPI- GA- $1,000,000 SIR RiMETORIPARTNERIEXECUTIVE OPFIGSPoLdEMDERE %GWUEO4 C NIA IS E.L. DISEASE - EA EMPLOYEEE 1.000,000MandatoryhrN/f) OH WA OR IL MI - $500K SIR 4856Ryc. deecribe under S PTION OE OPERATIONS below E.I. DISEASE - POLICY LIMIT 1,000.000 APPROVE j DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is luq) Branch 1309 RE: 31092312, KELSO, WA 98626 - -4124, COWLITZ COUNTY Is Included as additional insured as respects general liability as required by contract. If required by the written contract or agreement with sale additional insureds, this insurance shall be primary insurance to any other insurance available to said insured covering the same loss, Such other Insurance available to said additional insureds shall be excess to and non - contributing to this insurance. Thirty (30) days written notice of cancellation or non - renewal shall be given to the additional insured(s) in the event of cancellation of the general [lability, auto lieblllty, workers' compensation and umbrella policy(ies). MN COWLITZ COUNTY RON JUNKIER 207 FOURTH AVE N ROOM 308 KELSO, WA 98626 -4124 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE qe The ACORO name and logo are registered marks of ACORD © 1988.2015 ACORD ACORD 25 (2016/0$) II11111I1111 III11111II III IN 11111111111111 l ll1111111111 II I II I II III rights reserved. TYB03uW000ra0m2msrwm0W ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Nvmo Sued qBM hldnstrfaa Incorporat <;ii undwvmnvN Number Q L'IfocUve Uniu of Endorssmm0. ^ Pollry Symuul Pr+licy NumhA Policy Pafod XSL 027658788 .1110112074 70 11/01/2017 In +nand Sly (Ntimv-at (!ivurvnro Comyany) v ACE American Insurance company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: EXCESS COMMERCIAL GENERAL LIABILITY POLICY enur:nul F Nana of Addithmol Insurod Porsants) or org urzadar(s) Locaten And 13"oriPnou OrBmnpioted Operatlo "s Any garcon or orgatilzotlon whom you have agreed to All locations where you perform work for such additional Include us art additional Insured undor a written contract, insured pursuant to any such written contract. provided such contract required a CG2037 equivalent and was executed prior to the date of loss. Imam union mquima to romplma this sohadule, If not shown eboyo, will be shown In NB owlarnllons. A, Section 11 — Who is Ali Insurod Is amundcd to incb6la as Ali addiiional insured the peison(s) or organizatlori shown In the Schadule, but only with respect to liability for "bodily Injury 11 or "property damage" caused, In whole or In part, by your work" at the locallnn designated and described in Iho Schedule of this endorsement porfOrmod for chat additional Insured And Incitulod in the "products - completed operations hazard ". However: 1. The Insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insared Is raqulrod by a contract or agreement, the insuranca afforded to such additional Insured will not ha broader than that which you are raqulrod by the contract or agroement to provide for such additional insured. B. With respect to the insurance afforded to these additional Insureds, the following Is added to Section 111 — .Limits Of Insurance: If coverage provider] to the addl0onat Insured is required by a contract or agreement, the most we will pay on behalf of the additional insured Is the amount of insumnco available under the applicable Limits of Insurance shown In (he Declarafions. This endorsement shall not increase the applicable Limits of Insurance sl wl In the Doclarallorw am L Gi Aulimrizod R prssontntivo MS -27302 (i lit 3) AnChubb. 2016. All rights reverMd. age 1 Of 1 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION XSL G2785S786 _ I11 i0112010 To 11/01/2017 ACEAmerloan Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Nome Of Addllional Insurod Purovols) Or Orsanieellon(s) Loaallonte) Of Covered Opomlruna Any Owner, Lessoo or Contractor whom you have All locations where you are performing operations for agreed to include as an additional insured under a such additional Insured pursuant to any such written wriltan contract, provided such contract roquired a contract. CG2010 equivalent and was exocutml prior io the date or lose. lnrvmollan required to oompele IWA achntlulo, If wl ohmvn above, wilt be drown In No 1)"ImmWono. A. Section 11-- Who Is An Insured Is amended to Include as an additional Insured the porson(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advortieing Injury" caused, In whole or In part, by: 1, Your acts or omissions; or 2. The acts or omissions of thuse acting on your behalf; In the performance of your ongoing operations for the additional Insured(s) at the location(s) designated above. However; 1. The Insurance afforded to such additonal Insured only applies to tha extent permitted by law; and 2. If covera5lo provided to the additional insured Is required by a contract or agreement, the insurance afforded to such additlonal Insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. B. With respect to the Insurance afforded to these additional Insureds, the following additional exclusions apply: This Insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, Including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of tho additional Insurod(e) at the location of the covered operations has been completed; or MS -27303 (11 /13) mchuW 2016. An nshts rewtvad. Page 1 of 2 11111111111111111111 IN 1111111111 IN lilt 11111IIIII1IIIIIIIIII1111111 Hill llllllllllll waee arnoavan,nnros,e aoro. ADDITIONAL INSURED = OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION 2. That portion of "your work' out of which the Injury or damage arisos has [1001) put to Its Intended use by any person or organization other Than anothor contractor or subcontractor engaged in performing operations for a principal as a part of Inc same prolool. C. With respect to the Insurance afforded to these additional insureds, the following is added to Section 111 — Limits Of Insurance: If coverage provided to the additional Insured Is required by a contract or agrooment, tho most we will pert' on behalf of the additional insured Is the amount of insurance available undor the applicable Limits of Insurance shown in the Declarations. This endorsement shall not Increase the applicable Limits of Insurance shown In the Declarations. Auihodzed Reprasontative MS -27303 (11/13) a0liubb. 2918. Ni dghis reserved. Page 2 of 2 QYBOIAlmuomsom5msNNN(P Washington State Department of Labor & Industries ABM ONSITE SERVICES -WEST Owner or tradesperson AVANT, ROBERT GERALD Principals AVANT,ROBERT GERALD, PARTNER/MEMBER KLAUBER, ARNOLD MICHAEL, PARTNER/MEMBER WA UBI No. 604 075 772 Parent company ABM INDUSTRY GROUPS LLC License 14141 SOUTHWEST FWY WESTLAKE, OH 44145 800- 874 -0780 Business type Limited Liability Company Verify the contractor's active registration / license / certification (depending on trade) and any past violations. Construction Contractor Active. Meets current requirements. License specialties GENERAL License no. ABM0NOS832J6 Effective — expiration 0412412017— 0412412018 Bond Travelers Cas and Surety Co of America Bond account no. 106530255 Insurance Ace American Insurance Company Policy no. XSL27858788 Savings No savings accounts during the previous B year period. Lawsuits against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. https: // secure .Ini.wa.govlverifyIDetail.aspx ?UBI= 604075772 &amp;LIC= ABMONO S 832J6 &amp;SA W= No L &I tax debts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Workers' comp Do you know if the business has employees? If so, verify the business is up -to -date on workers' comp premiums. L &I Account ID Self Insured. 7001363 -00 This business is certified to cover its own workers' comp costs. No premiums due. Doing business as ABM INDUSTRIES Estimated workers reported NIA L &I account representative 360)902-4817 Workplace safety and health Check for any past safety and health violations found on jobsites this business was responsible for. 0 https:H securel ni .wa.gov /verifyIDetaii.aspx ?UBI= 604075772 &amp;LIC= ABMONOS832J6 &arnp;SAW= jf -I hgQs:/rsecurBlnL&a.gov /tleba ntractOrDeoar staspx Debarr =a Contractors L. ss File Edit Vievr Favorites Tools Help r- - Itlenufietl by cntmst ". 83 AMesktopn C4Y I•• s /ni /gov