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AG 14-033
I I RETURN TO: 1r,/‘ �� ( EXT: (G CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: ' ‘-^-41" S it / I1 ORIGINATING STAFF PERSON: 5 EXT: V 4) 1' 3. DATE REQ.BY: TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ) O PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE 0 RESOLUTION ti CONTRACT AMENDMENT(AG#): ,9-'O 0 INTERLOCAL 0 OTHER . PROJECT NAME: ..-3-4.1/‘`% �p r ci 4, SAY` c. NAME OF CONTRACTOR: S 1, 1n,1 , ►h(6/ V"L ADDRESS: 2 5 5 c1 5 2. „t (� p a r,,,,,ti;)` le% 41/46 CITY OF CITY HALL. Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www ci yoffederahvay corn AMENDMENT NO.3 TO . JANITORIAL AGREEMENT FOR CITY HALL JANITORIAL SERVICES This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation("City"),and Synergy Building Services,Inc.,a Washington corporation("Contractor").The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for City Hall Janitorial Services("Agreement")dated effective February 24,2014,as amended by Amendment No.(s)1 and 2, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-3,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Amended Term.Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement,shall be amended to include,in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-3 attached hereto and incorporated by this reference("Additional Services"). 3. PREVAILING WAGE.As provided in paragraph 10.4,the Contractor agrees to pay the current prevailing wages at the time of additional year extensions. The current prevailing wage rates are attached as Exhibit D-3. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows} AMENDMENT - 1 - 3/2017 41/4, CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 �..., (253) 835-7000 WO'IV crtyoffedernlwnyCOM IN WITNESS, the Parties execute this Agreement below,effective the last date written below. CITY OF FE i• RAL WAY: ATTEST: OffBy: Jim el ayor ` : hanie Courtney, CMC, Clerk DATE: S q APPROVE► • S TO FORM: (Cy-La - , F.:0-- J. Ryan C.11, ity Attorney SYNERGY BUIL I '$•fG RVICES, INC.: By: /`i�_ Printed Name: /MOM ie Title: Date: d y/// ' • TE OF WASHINGTON ) ) ss. COUNTY • ) On this day persona appeared before me , to me known to be the that executed the foregoing instrument,and acknowledged the s.': instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, . -• on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate •.1 of said corporation. GIVEN my hand and official seal this day o , 20_. Notary's signature Notary's printed name Notary Public in and . e State of Washington. • My commission expires AMENDMENT - 2- 3/2017 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 • s'•:. -.', ,c: >:!a c"s$ ....'ts :z..; ,:.••a;s's:.w;`:.:.�. , 4.")." ,.rte - Iftt.itiMMOMME17,10484 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of to ,4v,9eCes On 0 510Q- 201 q before me, YP,os y3ot< A Pint e 0 14.9 , W al/ P41 rC Date Here Insert Name and Title of the Officer personally appeared P•4001261 1 i vet Narne(e)of Signer(€ who proved to me on the basis of satisfactory evidence to be the person(e)whose name(e)is/aresubscribed to the within instrument and acknowledged to me that 44e/she/they executed the same in his/her/their authorized capacity(ies), and that by lois/her/herr signature(e)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the 1E0N500K ANNIE CHOI laws of the State of California that the foregoing Notary Public-California paragraph is true and correct. Los Angeles County is �„ • Commission M 2283475 WITNESS myhand and offic :I seal. My Comm.Expires Mar 29,2023 r 0, Signature Place Notary Seal and/or Stamp Above Signatre of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document deer o� -1-(44, i fka I Title or Type of Document: Document Date: Ma 7-"O, 20 q Number of Pages: 6 Signer(s)Other Than Named Above: • lobe' Capacity(ies)Claimed by Signer(k) Signer's Name: ft/ Mos Ki Signer's Signer's Name: ❑Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 Gener �( Individual 0 Attorney In Fact 0 Individual r A orney in Fact ❑ Trustee 0 Guardian of Conservator 0 Trustee 0 Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: r( Si. - s Representing: _ '440,r4'4944;..':... , n ::r`L�.hF;�x ly w- ..•r 02017 National Notary Association M1304-09 (09/17) 41/4 CITY OF CITY HALL ede8th Avenue South Federal Way Federal al Way,WA 98003003 -6325 (253) 835-7000 w4%4V c,tyoffederolway com EXHIBIT A-3 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Sacajawea Upper Restrooms Clean and sanitize counters, sinks,fixtures,dispensers,toilets,urinals and showers. Sanitize walls around sinks, partitions,urinals. Check and refill dispensers; soap,paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 day/week—365 days - 1 service cleaning/day in AM Sacajawea Lower Restrooms Clean and sanitize counters, sinks, fixtures, dispensers, toilets,urinals and showers. Sanitize walls around sinks, partitions, urinals. Check and refill dispensers; soap, paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 day/week— 120 days(June—September)- 1 service cleaning/day in AM Lakota Restrooms Clean and sanitize counters,sinks, fixtures,dispensers,toilets,urinals and showers. Sanitize walls around sinks, partitions, urinals. Check and refill dispensers; soap,paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 da /week—365 days- 1 service cleaning/day in AM Y Y � Y Town Square Restrooms Clean and sanitize counters, sinks, fixtures, dispensers,toilets, urinals and showers. Sanitize walls around sinks, partitions,urinals. Check and refill dispensers; soap,paper and deodorizer. Empty all waste daily including trash cans and sanitary napkin receptacles including replacing liners. 7 day/week—365 days- 1 service cleaning/day in AM NOTE: City will provide paper and plastic products to include: dispenser items and trash liners. Contractor to furnish: cleaning supplies and disinfectants to properly sanitize public facilities according to manufacture recommendations. Sanitation is to provide broad-spectrum control to include but not limited to: Salmonella, Viral germs, etc. AMENDMENT -3 - 3/2017 11/4 CITY OF CITY HALL 8th Avenue South Federal e ra I Way 33325 Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway corn EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the additional Services, the City shall pay the Contractor an additional amount not to exceed Eighty-Five Thousand and NO/100 Dollars ($85,000.00). The total amount payable to Contractor pursuant to the original Agreement,all previous Amendments,and this Amendment shall be an amount not to exceed Three Hundred Eighty-Two Thousand Six Hundred and NO/100 Dollars ($382,600.00). 2. Payout Schedule: City Hall - $3,550.00 per month=$42,600.00 per year Police Storage Office - $50.00 per month= $600.00 per year IT Office - $150.00 per month= $1,800.00 per year Parks/Public Works Maintenance Facility- $450.00 per month= $5,400.00 per year Town Square Park- $1,125.00 per month= $12,375.00 for 11 months remaining. Sacajawea Park- $1,125.00 per month= $12,375.00 for 11 months remaining. Lakota Park- $1,125.00 per month= $12,375.00 for 11 months remaining. Additional services shall be paid out at$27.00 per hour with$2,000.00 additional funds in the contract for any City requested extra services. AMENDMENT - 4 - 3/2017 ` CITY OF CITY HALL 33325,,� Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 wwa w crtvoffederalway com EXHIBIT D-3 PREVAILING WAGE 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 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 brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 1/31/2019 County Trade Job Classification Wage Holiday Overtime Note King Building Service Employees Janitor $24.63 55 2F King Building Service Employees Traveling Waxer/Shampooer $25.08 55 2F King Building Service Employees Window Cleaner (Non-Scaffold) $28.13 55 2F King Building Service Employees Window Cleaner(Scaffold) $29.03 55 2F AMENDMENT - 5 - 3/2017 —�..1 SYNEBUI-01 BELLIS ACORN CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 4.....----4.....---- 56/7/2/7/2 019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must 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 endorsement(s). PRODUCER NAM€ACT Soleyon Insurance Partners PHONE I FAX ' Soleyon Insurance Partners Inc (A/C,No,Ext): (A/C,No): 5400 Carillon Pt BLDG 5000 Miss, Kirkland,WA 98033 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Sentinel Insurance Co LTD 11000 INSURED INSURER B:Ohio Casualty Ins Co Synergy BuildingServices Inc. INSURER C:Hiscox Y 9Y 2559 152nd Ave NE INSURER D: Redmond,WA 98052 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDLSSUBR BDR POLICY NUMBER POLICY EFF POLICY EXP LIMITS (/dMIDD[Yl'W) IMMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY _EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X 52SBARZ9769 2/1/2019 2/1/2020 pREMISES(Eaoca,rrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY j I X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 _ OTHER: $ B AUTOMOBILE LIABILITY Fa accidenOMBINEDt INGLE LIMIT $ 1,000,000 ANY AUTO X X BAS58536275 2/2012019 2/20/2020 BODILY INJURY(Per person) $ X OWNED SCHEDULED AUTOS ONLY AUTOS VyN BODILY INJURY(Per accident) $ X AUTEOS ONLY X AUU ONLY (Peer acadent)RAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE a 5,000,000 EXCESS LIAB CLAIMS-MADE X X 52SBARZ9769 2/1/2019 2/1/2020 AGGREGATE $ 5'000'000 DED X RETENTION$ 10,000 _ _ a A AND EMPLOYERS'LIABILITY X STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X 52SBARZ9769 2/1/2019 2/1/2020 1,000,000 p�FICER/ME Mg��EXCLUDED? NIA E.L.EACH ACCIDENT $ (Mandatory In NH► 1,000,000 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below _ - E.L.DISEASE-POLICY LIMIT $ C Crime(Includes Burg UC21344851.19 5/1/2019 5/1/2020 Employee Theft 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Federal Way is listed as an additional insured in respects to general liabity as it pertains to the work peformed by the insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPATION DATE The City of Federal Way ACCORDANC WITH THE POLICY PROVISIO SCE WILL BE DELIVERED IN 33325 8th Ave S Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2/2017 II RETURN TO: Mary Jaenicke EXT: 6901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR ❑ PUBLIC ❑ PROFESSIONAL ❑ GOODS ❑ REAL ❑ ORDINANCE © CONTRACT ❑ OTHER 5. PROJECT 6. NAME ADDRESS: E SIGNATURE 7. EXHIBITS OTHER 8. TERM: 9. TOTAL (IF REIMBURSABLE IS SALES RETAINAGE: ❑ PURCHASING: 10. DOCUMENT IR PROJECT ❑ DIRECTOR ❑ RISK ❑ LAW 11. COUNCILAPPROVAL 12. CONTRACT ❑ SENT ❑ ATTACH: ❑ CREATE �❑ LAW LVSIGNATORY ❑ CITY ❑ ASSIGNED ❑ SIGNED COMMENTS: DEPT./DIV: Parks Administration STAFF PERSON: Steve Ikerd EXT: 6911 3. DATE REQ. BY: OF DOCUMENT (CHECK ONE): SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION AMENDMENT (AG #): 14-033 ❑ INTERLOCAL NAME: Janitorial Services OF CONTRACTOR: Synergy Building Services 2559 152nd Avenue NE, redmond, WA 98052 TELEPHONE -MAIL: FAX: NAME: TITLE AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS COMMENCEMENT DATE: 2/24/14 COMPLETION DATE: 12/31/2019 COMPENSATION $198,400 +$99,200 = $297,600 (INCLUDE EXPENSES AND SALES TAX, IF ANY) CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) EXPENSE: ❑ YES A NO IF YES, MAXIMUM DOLLAR AMOUNT: $ TAX OWED OYES RENO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED PLEASE CHARGE TO: /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED MANAGER ----- ID' Z• 11 MANAGEMENT (IF APPLICABLE) EW 2 ®ci- ZBi1r1- Or AreucADLt) COMMITTEE APPROVAL DATE: /I 1 COUNCIL APPROVAL DATE: Oh* / 21 SIGNATURE ROUTING 2 , / J " l TO VENDOR/CONTRACTOR DATE SENT: / O' I I '1 DATE RECD: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED DEPARTMENT t a g 20 1 7 /2.0 (MAYOR OR DIRECTOR) WAN %'!�� CLERK %ri�JiGF ; AG# AG# E� it COPY RETURNED DATE SENT: O 1I _I 2/2017 • CITY OF F r IW ede a ay CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway com AMENDMENT NO. 2 TO JANITORIAL AGREEMENT FOR CITY HALL JANITORIAL SERVICES This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City"), and Synergy Building Services, Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for City Hall Janitorial Services ( "Agreement ") dated effective February 24, 2014,as amended by Amendment Nol, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2019 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -2, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. PREVAILING WAGE. As provided in paragraph 10.4, the Contractor agrees to pay the current prevailing wages at the time of additional year extensions. The current prevailing wage rates are attached as Exhibit D -2. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT [Signature page follows] - 1 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoBederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Fe I ;#' ayor DATE: P-H/1 SYNERGY BUILDINERV .S, INC.: By: Printed Name: M D-Yt- Kf Y ' Title: P rt S 1 f Date: `2/l; 7 STATE OF WASHINGTON ) ss. COUNTY OF 12 ) On this day personally appeared before I `c° , to me known to be the P of n Lv +Y1`, )(es- `k .S J + n� that executed the foregoing instrument, and acknowledged the said instrumen'1 to b�`"the free an voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. ATTEST: Stephanie Courtney, CMC, City APPROVED AS TO FORM: or J. Ryan Call, City Attorney GIVEN my hand and official seal this ANTHONY TARANTOLA I Notary Public State of Washington I My Appofntment Expires May 18, 2020 AMENDMENT day of s e / , 2017 Notary Pus 'c in and for the State of Washington. My commission expires MF 1Sr` 20 Notary's signature Notary's printed name 2 3/2017 CITY OF Federal Way EXHIBIT B -2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Ninety-Nine Thousand Two Hundred and NO /100 Dollars ($99,200.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Two Hundred Ninety-Seven Thousand Six Hundred and NO /100 Dollars ($297,600.00). 2. Payout Schedule: City Hall - $3,550.00 per month = $42,600.00 per year Police Storage Office - $50.00 per month = $600 per year IT Office - $150.00 per month = $1,800 per year Parks/Public Works Maintenance Facility - $450.00 per month = $5,400.00 per year Additional services shall be paid out at $27.00 per hour with $2,000 additional funds in the contract for any City requested extra services. AMENDMENT - 3 3/2017 CITY OF ..��. Federal Way EXHIBIT D -2 PREVAILING WAGE CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway. com 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 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 brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 10/3/2017 County Trade Job Classification Wage Holiday Overtime Note King Building Service Employees Janitor $23.73 5S 2F King Building Service Employees Traveling Waxer /Shampooer $24.18 5S 2F King Building Service Employees Window Cleaner (Non- Scaffold) $27.23 5S 2F King Building Service Employees Window Cleaner (Scaffold) $28.13 5S 2F AMENDMENT - 4 3/2017 -01 BELLIS ACORO" ‘.----- CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 12/07/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 endorsement(s). PRODUCER Soleyon Insurance Partners 4208 198th St SW Ste #206 Lynnwood, WA 98036 CONTACT Bryan Ellis _ PHONE FAX (A/c, No, Exo: (206)905 -7857 (A/C, No): POLICY EXP (MM /DD/YYYYI NAIC # 11000 ADD'�E M ss: bryanQellisinsurancebrokers com INSURER(S) AFFORDING COVERAGE INSURER A : Sentinel Insurance Co LTD INSURED Synergy Building Services , Inc. 2559 152nd Ave NE Redmond, WA 98052 INSURER B: United Financial Casualty Co 52SBARZ9769 INSURER C : Hiscox 02/01/2018 INSURER D : $ 1,000,000 INSURER E : $ 1,000,000 INSURER F : N NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMM /DD/YYYYI POLICY EXP (MM /DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY x X 52SBARZ9769 02/01/2017 02/01/2018 EACH OCCURRENCE $ 1,000,000 PREMISES Ea 000ur ence) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP An one. -rson $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GE GENERAL AGGREGATE $ 2,000,000 'L AGGREGATE POLICY OTHER: LIMIT APPLIES JECOT- X PER: LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ B AUTOMOBILE X _ LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY X x SCHEDULED AUTOS NON-OWNED ONLY X X 05878388 -1 08/12/2017 02/12/2018 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY Per .:rson $ BODILY INJURY Per accident $ (Peer accident) DAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X x 52SBARZ9769 02/01/2017 02/01/2018 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED X RETENT ON $ 10,000 A AND EMPLOYERS' COMPENSATION ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? I (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 52SBARZ9769 02/01/2017 02/01/2018 X STATUTE OTH- ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEES 1,000,000 1,000,000 E.L. DISEASE - POLICY LIMIT $ C Crime (Includes Burg UC21344851.17 05/01/2017 05/01/2018 Employee Theft 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) The City of Federal Way is listed as an additional insured in respects to general liability as it pertains to the work peformed by the insured. The City of Federal Way tY y 33325 8th Ave S Federal Way, WA 98003 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD II RETURN TO: ryp.1 -3 EXT: 0 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Cl 2. ORIGINATING STAFF PERSON: a- �� EXT: ` Y 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE CONTRACT AMENDMENT (AG #): i ti -b3"5 ❑ OTHER RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: - 1-1 ,TDf (C,,( v∎ Le--.S 6. NAME OF CONTRACTOR: 3L1T-II1 ,As ADDRESS: E -MAIL: SIGNATURE NAME: 11/11)gn k\ YYi -) ►-pc- TELEPHONE F TITLE re-5 t ' 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: V LA 4 1 i L' COMPLETION DATE:' 12 )3 //1 9. TOTAL COMPENSATION $1 2-CO 41 41I �� 1 v 1 -1 - ! p° (INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES .('NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY 60 -! I(o- 331- 5t 1 ( -1 = ?'io0 ❑ PURCHASING: PLEASE CHARGE TO: -5;6^I 104-531- 5-71. --a 0 - 11 , god 10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW �2G 4t,15 I ( INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE 12. CONTRACT SIGNATURE ROUTING 11 17-11 411114 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: rl h ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DAT S GNED 1-)QC 2 (t- 1 S ❑ LAW DEPARTMENT ❑ CHIEF OF STAFF ''SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED '- 24 `fl AG %<{ -033 +at DATE SENT: QQ -23 -I 9 COMMENTS: 11.1, RA/ LWrrr6VA tt4A 144/V1 SOS Ay 04(p-r ' 5 N\c v i Invyn 11/9 CITY OF 46. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com AMENDMENT NO. 1 TO JANITORIAL AGREEMENT FOR CITY HALL JANITORIAL SERVICES This Amendment ( "Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ( "City"), and Synergy Building Services, Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for City Hall Janitorial Services ( "Agreement ") dated effective February 24, 2014, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2017 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT [Signature page follows] 1 1/2015 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By:, DATE: 97/47/4 SYNERGY BUILDIN By: ERV CES, INC. 41A' Printed Name: [V 0 6Y2 Title: ?is Gi -f DATE: 27/ D/' ip STATE OF WASHINGTON ) ) ss. COUNTY OF ) ATTEST: lerk, Stephanie Court , CMC APPROVED AS TO FORM: AV City Attorney, Amy Jo Pearsall On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. AMENDMENT Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 2 1/2015 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �:�a :aa . a�: v._ a.: a,.: zaa�� .�a�t�tCt�a�t.a�t.c�a.a�a.c� .s�, an ;- . ;- ;a+••;w�:�:v�.a :a. :at.�..; A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 4 // ) County of C 5 Idyl e4°3 ) On Og /O go/1 before me, A ; C-rt Alftlea.-14 L._ / /(/o Li' %//� C, bate Here Insert Name and Title of the Officer personally appeared 71"1 GD 11 G k ; M Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose namef f is /a/e subscribed to the within instrument and acknowledged to me that 1 /she /tbey executed the same in Vs/her/4116r authorized capacity(ies`), and that by h) /her/their signature(s') on the instrument the person(); or the entity upon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ARIAN MAHMOUDLOU Commission # 2004715 Notary Public - `California Los Angeles County My Comm. Expires Jan 20 17 Place Notary Seal Above WITNESS my hand and official seal. Signa Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 27'4 a.4 t/.4 N4 2/4 L,' L4 Li:Li ri ✓ ar. ✓, •✓..y. •y .y.4'a� S 4'a'4'ri4'.v4'a%W' Li Lam. rii eii. r✓.✓ ri ✓ ✓ ✓ ar4 ✓ •4 ©2015 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 arr os ■ Federal Way EXHIBIT B -1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. ciiyoffederalway. com 1. Total Compensation: In return for the Services during the term as amended in Amendment No. 1, the City shall pay the Contractor an additional amount not to exceed Ninety -Nine Thousand Two Hundred and NO /100 Dollars ($99,200.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Ninety -Eight Thousand Four Hundred and NO /100 Dollars ($198,400.00). 2. Payout Schedule: City Hall . $3,550.00 per month = $42,600 per year Police storage office .$50.00 per month = $600 per year Park/ PW Maint. Facility$450.00 per month = $5,400 per year Additional services shall be paid out at $27.00 per hour with $2,000 additional funds in the contract for any City requested extra services. AMENDMENT - 3 - 1/2015 SYNEBUI -01 BELLIS ACORO` `� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 1/22/2016 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Soleyon Insurance Partners CONTACT NAME: PHONE FAX (AIC. No. Ext): (A/C, No): E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Sentinel Insurance Co LTD 11000 INSURED Synergy Building Services , Inc. 13256 NE 20th St Ste 9 &10 Bellevue, WA 98005 INSURER B : Hiscox 52SBARZ9769 INSURER C : 02/01/2017 INSURER D : $ 1,000,000 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE 1.. INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM /DDIYYYY) LIMBS A X COMMERCIAL GENERAL LIABILITY X X 52SBARZ9769 02/01/2016 02/01/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1 + 000 + 000 GE MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 'L AGGREGATE POLICY OTHER: LIMIT APPLIES Tee X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X X SCHEDULED AUTOS AUT SWNED 52UECPR4390 02/12/2015 02/12/2016 COMBINED SINGLE LIMIT (Eaacddent) $ 1 000 000 + + BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY (Per accident) DAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 52SBARZ9769 02/01/2016 02/01/2017 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N / A 52SBARZ9769 02/01/2016 02/01/2017 X I STATUTE J I OTH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Crime (Includes Burg UC21344851.15 05/01/2015 05/01/2016 Employee Theft 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of Federal Way is listed as an additional Insured In respects to general (lability CERTIFICATE HOLDER CANCELLATION The City of Federal Way 33325 8th Ave S Federal Way, WA 98003 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 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Corporations: Registration Detail Page 1 of 1 SYNERGY BUILDING SERVICES, INC UBI Number 603165003 Category REG Profit/Nonprofit Profit Active /Inactive Active State Of lncorporation WA WA Filing Date 12/12/2011 Expiration Date 12/31/2016 Inactive Date Duration Perpetual Registered Agent lnformation Agent Name MOONA KIM Address 13256 NE 20TH ST STE 9 + 10 City State ZIP Special Address Information Address City State Zip BELLEVUE WA 98005 Governing Persons Title Name Address President ,Secretary,Treasurer,Chairman KIM , MOONA 13256 NE 20TH ST STE 9 + 10 BELLEVUE, WA 98005 http: / /www.sos.wa.gov/ corps /search_detail.aspx ?ubi= 603165003 2/2/2016 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: 2. ORIGINATING STAFF PERSON: 6� EXT: 6 k V ` 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT elm IIAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL • OTHER 5. PROJECT NAME:_ y�4y �aA se'-y %LAS 6. NAME OF CONTRACTOR: q cx'"4 { owrytCw�> I Inc, ADDRESS: 11,5Z (cp l0 I M!L WA TELEPHONE: (pt{I{,CJZ E -MAIL: mtclnax64 G@ SbScArQ,C&11- FAX: SIGNATURE NAME:_ wool V-A wl TITLE: tacq 7. EXHIBITS AND ATTACHMENTS: o- SCOPE, WORK OR SERVICES O<OMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # 13 10 -5.) 1 BL, EXP. 12/31 / j�j UBI # 60 L3U 3 , EXP. 12- / 31 /ILI 8. TERM: COMMENCEMENT DATE: c� �aYl. L . ZU t COMPLETION DATE: 9. TOTAL COMPENSATION. $ _I R 217 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES CJ'NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES -9 0 IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY �5t�5 - t t vo - 33 t - Sti�b 3 © y ►'�✓ �— ��, I{ou . u v (' cict .ZW ,w� ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW x1pROJECT MANAGER ❑ SUPERVISOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL/ DATE REVIEWE tJ•�- I'`b'I TEL"-T COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSE , EXHIBITS LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK }ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: INITIAL / DATE �SIGNED LA � 1. DATE SENT: INITIAL/ DATE APPROVED COUNCIL APPROVAL DATE: DATE RECD: 1131 Mb W CO eC4-. 2W m'n" W u-w h etc a l VW W'Lj 1) LL+ do W h Mc W 6n o OL t C. U q "XM a "+Wv o 4 11/9 CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Way Federal Way., 98003 -6325 (253) 835 -7000 www cltyoffederalway com JANITORIAL AGREEMENT FOR CITY HALL JANITORIAL SERVICES This Janitorial Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Synergy Building Services, Inc. a Washington Corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: SYNERGY BUILDING SERVICES, INC: Moon Kim, President 13256 NE 20' Street, Ste 9 & 10 Bellevue, WA 98005 (425) 644 -5285 (telephone) .com The Parties agree as follows: CITY OF FEDERAL WAY: Steve Ikerd, Parks & Facilities Manager 33325 8a' Ave. S. Federal Way, WA 98003 -6325 (253) 835 -6911 (telephone) (253) 835 -2709 (facsimile) Steve.ikerd@cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2015 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Work "), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used — rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the JANITORIAL AGREEMENT - 1 - 4/2011 CITY OF CITY HALL ��.... Feder Federal Way 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederatway corn Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Pam. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. JANITORIAL AGREEMENT - 2 - 4/2011 c1iY OF CITY HALL , Federal Way Feder al Way. WA 98003 -6325 8th Avenue South A*w Feder (253) 835 -7000 www cityoffederalway com 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 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. JANITORIAL AGREEMENT - 3 - 4/2011 CITY OF CITY HALL 8th '*._. Feder 8th Federal Way Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederahvay com 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by JANITORIAL AGREEMENT - 4 - 4/2011 CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Way Federal Way. WA 98003 -6325 ('253) 835 -7000 www cityoffederahvay com the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wages. 10.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296 - 127 -023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements ofthe Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of JANITORIAL AGREEMENT - 5 - 4/2011 clrY of CITY HALL 8th Avenue South Federal Way. WA 98003 -6325 Federal Way (253) 835 -7000 vvww cityoffederahvay com any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, JANITORIAL AGREEMENT - 6 - 4/2011 CITY OF CITY HALL '*.... Federal Way 33325 8th Avenue South Federal Way, . WA 98003 -6325 (253) 835 -7000 www cityoffederalway com unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] JANITORIAL AGREEMENT - 7 - 4/2011 CITY OF CITY HALL 33325 �►► Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 wwr*.+� (253) 835 -7000 wwww cityotfederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CI'I Im DATE: `K ZZ24"' SYNERGY DATE: Vr�,A STATE OF CALIFORNIA ) ) ss, COUNTY OF 61-10 de-s' ATTEST: City Clerk, Carol McNeillyj CMC APPROVED AS TO FORM: City Attor , Patricia A Richards 6n On this day personally appeared before me Moona Kim, to me known to be the President of Synergy Building Services, Inc.that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. -Yh GIVEN my hand and official seal this day of Notary's signature Notary's printed name VIOLETA JENDOU81 Commission # 1985230 a"I -ee Z :r, Notary Public California z Z Los Angeles County D My Comm. Expires Aug 9, 2016 My commission ex0irea2 n 1(� JANITORIAL AGREEMENT 8 4/2011 &-M19j CITY OF CITY HAIL A*•..... Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 vvww cayoffederatway con) EXHIBIT "A" JANITORIAL SERVICES SCOPE OF SERVICES: (See attached associated floor plans for details of areas at City Hall) DAILY GENERAL SERVICES: ACTIVE AREAS • Kitchens and Lunchrooms - clean tables, chairs, counters, sinks and exterior of refrigerators, microwaves, etc. and arrange furniture. • Council Chambers and Conference rooms - clean tables, chairs, dais and podium. Clean white boards and marker trays without disturbing current messages. RESTROOMS — SHOWERS — BOOKING & HOLDING CELLS • Clean and sanitize counters, sinks, fixtures, dispensers, toilets, urinals and showers. Sanitize walls around sinks, partitions, urinals. Check and refill dispensers; soap, paper, hand sanitizer & deodorizer. SPOT CLEANING All entry glass, around doors, light switches, tables and counters. TRASH & RECYCLING Empty all waste daily in Active Areas and once weekly in individual locations. Replace liners as needed. Large garbage containers are to be lined with solid color liners. Large recycling containers are to be lined with clear plastic liners. Empty individual recycling containers when %2 full. Remove litter around all exterior entries and empty all garbage and ash containers daily. SECURITY • All doors to remain locked after business hours. Secure all locks, lights and set alarms prior to leaving buildings. Immediately notify Contract Administrator of any mechanical, plumbing, security problems, unusual odors or health hazards. MONTHLY SERVICES: DETAIL SANITIZE Restroom, showers, holding cells and kitchen walls, spot clean hallway walls and public phones. Wipe down cabinets, doors and community trash receptacles. DETAIL VACUUM Corners, edges, under work surfaces, upholstered chairs and furniture. Bi- ANNUAL SERVICES: DUSTING • High and low edges, vents, and window blinds. FLOOR SERVICES: VACUUM • All carpeted areas, exterior mats and sweep exterior entries. (see City Hall detail specific floor plans for daily and weekly areas) JANITORIAL AGREEMENT - 9 - 4/2011 Federal Way FLOORS CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www crryoffederalway com • Daily Sweep and spot clean all hard surface & rubber floors per manufacture recommendations. • Monthly deep clean all hard surface & rubber floors per manufacture recommendations. FULL SERVICES: (for the Police Storage office and Park/PW Dept. Facility only) • All site related task in the scope of services for Daily, Monthly, Bi- Annual and Floor services. • Police Storage office serviced 1 day per week & Parks /PW Office serviced 5 days per week. NOTE: • City will provide paper and plastic products to include: dispenser items and trash liners. • Contractor to furnish: cleaning supplies and disinfectants to properly sanitize public facilities according to manufacture recommendations. Sanitation is to provide broad - spectrum control to include but not limited to: Salmonella, Viral germs, etc. SPECIFICATIONS: A. The successful bidders employees must be able to pass a background check pursuant to RCW 43.43.815(1)(b) for all personnel assigned to City Facilities. The Federal Way Police Department will perform an in depth background check of your company and staff assigned. B. All work shall be performed under the supervision of a qualified lead and must communicate effectively and proficiently in both oral and written formats. Operators will be licensed for all functions, including appropriate driver's license when required. C. Contractor will furnish all labor, tools, specialized equipment, materials, and will dispose of waste material generated by the work in a proper manner. Equipment shall be maintained in good working conditions and any related filters kept clean. D. Contractor will ensure employees comply with all applicable City of Federal Way and Washington State regulations and practices with respect to work performed for the City of Federal Way. All personnel shall be trained in the proper cleaning practices using current industry standards. E. The Contractor's personnel will conduct themselves on site in a professional manner at all times. F. Each employee will wear or display the company's name and/or logo. Company vehicles working on City sites will have their company name and phone number displayed. G. The Contract Administrator or appointed designee will inspect work performed by the Contractor on a regular basis. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or written. (See details below in Compensation section) H. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835 -6960. After hours emergencies should be reported to the Police/Fire Communications Center - 911. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect JANITORIAL AGREEMENT -10- 4/2011 Clrtr OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cayoffederalway com public from injury. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. K. The Contractor, at his or her expense, will remedy any damage to City structures or plant material due to Contractor negligence in a timely manner. VIII. COMPENSATION. A. Please present detailed information on the contractor's proposed quote for the specifications proposed and for any variation for non - routine services, inclusive of Washington state sales tax and any other applicable governmental charges. Please provide specifics as to definitions of routine versus non - routines tasks, what is fixed as opposed to variable, and how costs are adjusted according to that classification. B. Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. C. The City may deduct for any and all tasks not performed. THE CITY WILL NOTIFY THE CONTRACTOR OF ANY AND ALL CLEANING DEFICIENCIES BASED ON TWO PRIORITY LEVELS DETERMINED BY CITY SUPERVISING STAFF: High Priority - Requires contractor to return to the site within 2 hours after notification from City supervising staff to make corrections. Low Priority - Requires contractor to return to the site the next business day to make corrections after notification from City supervising staff. DEDUCTION RATE: Reported deficiencies will be logged and those items not corrected within the appropriate priority time lines will be deducted from the monthly invoice at the rate of $30.00 per hour based on the number of hours it takes to correct the deficiency by other means. JANITORIAL AGREEMENT - 11 - 4/2011 CITY OF Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cayoffederalway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed Ninety Nine Thousand Two Hundred and NO/ 100 Dollars ($99,200.00) 2. Payout Schedule: City Hall .................... $3,550.00 per month = $42,600 per year Police storage office ........... $50.00 per month = $600 per year Park/ PW Maint. Facility.....$450.00 per month = $5,400 per year Additional services shall be paid out at $27.00 per hour with $2,000 additional funds in the contract for any City requested extra services. JANITORIAL AGREEMENT -12- 4/2011 f'N r)mi Stairs �ulpgrjw Q 1151 �.1�ob 1150 115" ,g I uu Arco �56 1154 Meeting R -Mg oom � Roo. - tom:- m 1102 I 'p 1133 _ L J 1099 1103 'I 1105 CIS }•' TMR' ttaff 1106 *room cis Courtroom Room 2 1161 1146 1107 Mens Acker Room 1024 1024 1031 1030 South Stairs 1029 Womens 1062 1081 1053 105 5 RecordE A' tin Room 1 TMR — ( 1050 ! North) 1048 1046 W1044 1047 21 UJ I r - - 2093 - — �1 _.2085 x2703 21 /tea. 2119 ��� x2641 North Stars L2118 x2543 MlrTor T�t� I x7349 x7244 2089 x2613 x2601 107, Lake ■�� J 8 iT 2092 2120 — x264 O N■I Poverty Room 1■■1 2084 MC Bay V 09 x2655 x2653 .x - - �-1 ■ ■1 j��.i�R Meet in xzsoe x2647 x2532 x2520 x2709 2121 - 2057 Room ! x2515 2113 2088 3 650 x2725 x2637 x2631 7 x2627 i x2652 x2704 x2733 x2741 x2724 � 93 _ _� ,� x2654 2089 2090 x2629 x27 2111 Lh, x2603 x2651 op ---- --- - -- - -- 206656 2112 CD -� x2624 TMR x2743 (The x2639 x2621 =x2634-2628 638 L2622 Huddle) 2 2111 20,72538 L - Ms E o TMR x2640 .. x2525 x2608 x2742 x2712 T x - x2731 x2732 x2734 x2533 # x2623 x2642 x2644 x2646 'p 2075 " 2635 � 2081 - - -- 11 x26 �=71 x2524 �'°'� City Hall 2077 � x2521 x2522 x2527 1 x2520 I Front Lobby Second Floor 2076 _ -_ x2523 2075 x2526 2074 Cleaning Contract x2612 x2501 x2535 x2534 I I x2604 November 2013 x2533 g4 x2509 112063 1 :hedules 2061 x2530 2060 2064 3 Schedule Weekly Cleaning Schedule wok x2532 x2531 Room Cleaned Daily a Area cleaned weekly on Tuesdays :ed Areas F-1 Area cleaned weekly on Wednesdays x2541 x2543 2058 r, 2059 x2540 x2542 it i X7053 I 2051 Dash — � _ _.�_ Point - - -' -- - - 2050 Room staff 000 Break Room x2547 x2552 �50 2049 =Y� 2068 2072 Elevato 2069 Council Chambers LUVI HyleboE Rc X, SYNER -2 OP ID: BAE .4COR0x `..� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 01/13/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PRODUCER Ellis & Ellis Insurance Brokers 13400 NE 20th Street, #11 WA 98005 CONTACT Bryan Ellis acc °Nlv Eat : 206- 905 -7857 nlc, No): 206-905-7610 E-MAIL Bellevue, SS: bryan@ellisinsurancebrokers.com INSURER(S) AFFORDING COVERAGE NAIC S Bryan Ellis INSURER A: Hartford Casualty Ins Co $ 1,000,00 PREMISES Ea occurrence INSURED Synergy Building Services, Inc INSURER B: Hiscoc Ins Co $ 10,00 13256 NE 20th St Ste 9 &10 $ 1,000,00 Bellevue, WA 98005 INSURER C : $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 7 PRO X LOC PRODUCTS - COMP /OP AGG $ 2,000,0 INSURER D: $ INSURER E AUTOMOBILE LIABILITY X ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X AUUTOSWNED X INSURER F: 52UECPR4390 02/1212014 COVERAGES CERTIFICATE NUMBER! REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Federal Way POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FK OCCUR X 52SBARZ9769 02101/2014 02101/2015 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 1,000,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 7 PRO X LOC PRODUCTS - COMP /OP AGG $ 2,000,0 $ • AUTOMOBILE LIABILITY X ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X AUUTOSWNED X 52UECPR4390 02/1212014 02/12/2015 (CEOs cciMBINED dent S INGLE LIMIT a $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY ER ACCIDENT) $ • X UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR 52SBARZ9769 04/19/2014 02101/2015 EACH OCCURRENCE $ 3,000,0 AGGREGATE $ 3,000,00 DED X RETENTION $ 10,000 $ • WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICERIMEMBER EXCLUDED? F-� (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 52SBARZ9769 02/0112014 02101/2015 WC STATU- OTH- X [TO LIMIT R E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 • Crime Insurance UC21344851.13 05101/2013 05101/2014 Theft-Emp 500,00 ClientPro 500,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space Is required) The City of Federal Way is an additional insured in repects to general liability CERTIFICATE HOLDER CANCELLATION ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Ave S AUTHORIZED REPRESENTATIVES� Federal Way, WA 98003 n? ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD