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R-2012-085 DYBID Safety Ambassador, Cleaning, and Landscape Maintenance Services Contractor Contract; Block by Block
A RESOLUTION RESOLUTION NO. R 2012-85 authorizing the City Manager of the City of Yakima to execute all applicable contracts to engage Block by Block as the Safety Ambassador, Cleaning, and Landscape Maintenance Services Contractor. WHEREAS, The City of Yakima requires a contract for professional services for Safety Ambassador, Cleaning, and Landscape Maintenance Services in the Downtown Yakima Business Improvement District (DYBID), WHEREAS, The City of Yakima DYBID has sufficient contributions and assessments for the identified services; WHEREAS, The Purchasing Division advertised a Request for Proposals (11203 P), which were received on April 8, 2012; WHEREAS, Proposal Packets were received from the following five (5) contractors, AAA Champion LLC Service Group Inc Block by Block Senske Lawn and Tree Care Committee for Downtown Yakima WHEREAS, an Evaluation Process was completed and it is recommended by the Evaluation Committee that the City proceed with a contract award to Block by Block; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute all applicable contracts to hire Block by Block as the Safety Ambassador, Cleaning, and Landscape Maintenance Services Contractor. A copy of the Memorandum of Recommendation with Exhibit "B" is attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this 19th day of June, 2012. ATTEST ������ Micah Cawley, DOlayor A ��\1,1 iP 4i rI Sony Maar Tee, 'r' X F, I�rl�� h� �st \✓�SN1N BLOCK BY BLOCK AGREEMENT FOR PROFESSIONAL AND AMBASSADOR SERVICES for City of Yakima, Washington This agreement is made and entered into on this 1st day of July, 2012 between the City of Yakima, Washington, a Washington municipal corporation (hereinafter referred to as "CITY"), and Mydatt Services Inc. d.b.a. Block by Block, an Ohio corporation (hereinafter referred to as "BBB"). CITY and BBB for mutual consideration hereinafter set forth, agree as follows: I. OBJECTIVES A. To provide administrative, management and maintenance services, beautification programs and safety ambassador services in downtown Yakima and to fulfill the agreements and obligations set forth in the Scope of Services, Part A, below and as further specified in Exhibit "A," attached hereto and incorporated herein. II. SCOPE OF SERVICES A. BBB agrees to perform consulting, management, administrative, advisory and maintenance services for the CITY as set forth generally below, and as further specified in Exhibit "A," attached hereto and incorporated herein by this reference. 1. Develop, implement and provide daily management of maintenance and beautification programs within the Central Business District (defined for purposes of this entire Agreement as the downtown areas within the Downtown Yakima Business Improvement District (DYBID). 2. Contract for, manage and/or provide for the provision of planting and landscape services in the Central Business District. 3. Contract for and/or provide daily oversight of safety ambassador and maintenance ambassador programs. 4. Contract for and/or provide other works and services necessary to fully comply with the mutual agreements of the parties. 5. Provide CITY with copies of all contracts executed by Block by Block with contractors and vendors that are necessary for the provision of the materials and labor required under the terms of this Contract (i.e. flower baskets). Provide accurate and timely RFP specifications to the CITY for all work requiring public bidding prior to contracting in accord with federal and state laws. The CITY shall conduct all necessary bidding processes based upon the RFP's Block by Block provides, and shall provide Block by Block with the successful bidder's identification in order that Block by Block can formally contract therewith for the provision of the services required. 6. Provide the City with detailed status summaries on July 1 and December 31 of each contract year detailing all work efforts and management services provided in 1 compliance with the agreements set forth herein, as well as a description of proposed management services that will be provided under this contract. It is understood that BBB shall contract for all necessary labor and materials in compliance with accepted Washington public works and DYBID bidding practices. B. BBB agrees to provide safety ambassador services in the form of foot and/or bike patrol within the DYBID downtown district, said ambassadors to act as the eyes and ears of the Yakima Police Department, as well as providing concierge services to individuals using the Yakima downtown area together with the specific duties set forth in Exhibit "A" II, attached hereto and incorporated herein by this reference. III. PAYMENT A. Consultant, Management, Administrative, Advisory and Maintenance Services 1. As compensation for the managerial, administrative, safety, advisory and maintenance services provided by BBB the CITY agrees to pay BBB as set forth in Paragraphs III A. and III B. The City will pay BBB Two Hundred Thirty Thousand Dollars ($230,000) from PBIA Assessments and City contribution for Block by Block managerial, administrative, safety, advisory and maintenance services provided under this contract. 2. No payment shall be made through this Contract for any consultant, managerial, administrative, maintenance and advisory work performed by BBB, -except for work identified and set forth in this Contract or supporting exhibits or attachments incorporated by reference into this Contract. B Default for non-payment by CITY Should CITY not pay BBB's invoices within the provided payment schedule then CITY shall be in default. BBB shall have the right, but not the obligation, to issue notice to CITY of such default. Should CITY not cure the default within thirty (30) days of the notice, then BBB may terminate this Agreement immediately and pursue all remedies towards collecting all outstanding balances. C. General provisions applicable to all services provided 1. BBB shall, in accord with the rates set forth herein, submit invoices to the CITY not more often than once per month during the progress of the work for partial payment of work completed to date. Invoices shall cover the time BBB performed work for the CITY during the billing period. The CITY shall pay BBB for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of receipt -of invoice. 2. BBB shall not be paid for services rendered under the Contract unless and until they have been performed to the satisfaction of the CITY 3. In the event BBB has failed to perform any substantial obligation to be performed by BBB under this Contract and such failure has not been cured within 2 ten (10) days following notice from the CITY, then the CITY may, in its sole discretion, upon written notice to BBB, withhold any and all monies due and payable to BBB, without penalty, until such failure to perform is cured or otherwise adjudicated. "Substantial" for purposes of this Contract means faithfully fulfilling the terms of the contract with variances only for technical or minor omissions or defects. 4. Unless otherwise provided for in this Contract or any exhibits or attachments hereto, BBB will not be paid for any billings or invoices presented for payment prior to the execution of the Contract or after its termination, provided however that it is understood and agreed that billings or invoices that are submitted after the termination of this contract that are for compensation for work that was completed prior to the contract's termination and accepted by the City will be honored IV. RETAINER Retainer is waived for CITY. V. STANDARD PROVISIONS 1. TERM OF CONTRACT The effective date of this Contract shall begin on July 1, 2012, and shall terminate on June 30, 2013, unless terminated earlier by the CITY in accordance with paragraph 6 of this Section of this Contract. The period of this contract shall be for a period of one year from its effective date. The City may, as its option, extend the contract on a year to year basis for up to four additional years provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twelve month period of the contract unless an exception is stated in the bid. 2. CONTRACT REPRESENTATIVES Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: a. For BBB. Name of Representative: Blair McBride Title: Executive VP Mailing Address: 2929 Floyd Street City, State and Zip Code. Louisville, KY 40209 Telephone Number: 502-634-6660 E-mail Address: bmcbride@blockbyblock.com 3 With copy to. Mydatt Services, Inc. dba Block by Block Legal Dept. 7135 Charlotte Pike, Ste. 100 Nashville, TN 37209 b. For CITY: Name of Representative: Chris Waarvick Title: Public Works Director Mailing Address: 2301 Fruitvale Blvd. City, State and Zip Code: Yakima, WA 98902 Telephone Number: 509 575-6005 Fax Number: 509 575-6238 E-mail Address: cwaarvick@ci.yakima.wa.us 3 AMENDMENTS AND CHANGES IN WORK a. In the event of any errors or omissions by BBB in the performance of any work required under this Contract, BBB shall make any and all necessary corrections without additional compensation. All work submitted by BBB shall be certified by BBB and checked for errors and omissions. BBB shall be responsible for the accuracy of the work, even if the work has been accepted by the CITY b. No amendment, modification or renewal shall be made to this Contract unless set forth in a written Contract Amendment approved by City Council, signed by both parties and attached to this Contract. Work under a Contract Amendment shall not proceed until the CITY has duly executed the Contract Amendment. 4. HOLD HARMLESS AND INDEMNIFICATION a BBB shall hold harmless and indemnify the CITY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of BBB'S negligence or willful misconduct in the performance of this Contract. Claims shall include, but not be limited to, claims that information supplied by BBB infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER, that BBB's obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the CITY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, BBB's obligations hereunder shall apply only to the percentage of fault attributable to BBB, its employees or agents. 4 b In any and all claims against the CITY, its officers, officials, employees and agents by any employee or contractor of BBB, anyone directly or indirectly employed by any of them,, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for BBB under Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that BBB expressly waives any immunity BBB might have had under such laws. By executing the Contract, BBB acknowledges that the foregoing waiver was mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract BBB makes with any contractor or agent performing work hereunder c Additionally, for clarity, CITY will defend, indemnify and hold harmless BBB for any claim for personal injury, death or damage to tangible personal or real property to the extent caused by the negligence or willful misconduct of the CITY, its employees, affiliates or agents. 5. INSURANCE a. Workers' Compensation. BBB shall maintain workers' compensation insurance as required by Title 51, RCW, and shall provide evidence of coverage to the CITY If BBB has employees, BBB shall request the Washington State Department of Labor and Industries, Workers' Compensation Representative, send written verification to CITY that BBB is currently paying Workers' Compensation. b. Commercial General Liability: BBB shall maintain Commercial General Liability, or a combination of Commercial General Liability and Umbrella Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $2,000,000 per occurrence. The general aggregate limit shall apply separately to this Contract and be no less than $2,000,000. BBB shall provide Commercial General Liability coverage that does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of BBB will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. BBB's Commercial General Liability insurance shall include the CITY, its officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the CITY as an additional insured. BBB shall furnish the CITY with evidence that the additional insured provision required above has been met. An acceptable form of evidence is an Acord certificate of insurance with the endorsement page(s) of the policy showing the CITY as an additional insured attached. iv. If BBB's liability coverage is written as a claims made policy, then BBB must evidence the purchase of an extended reporting period or "tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. 5 v. BBB shall also maintain Employers Liability Coverage (Washington Stop Gap) with a limit of not less than $1 million c. Automobile Liability: BBB shall maintain Business Automobile Liability, or a combination of Business Auto Liability and Umbrella Liability insurance with a limit of not less than $2,000,000, per occurrence combined Bodily Injury and Property Damage liability. Coverage shall include owned, hired and non -owned automobiles. d. Other Insurance Provisions: BBB's liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering the CITY, its elected and appointed officers, officials, employees and agents. ii Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or agents. BBB's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iv BBB shall include all subconsultants as insureds under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants shall be subject to all of the requirements stated herein. v. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication ofexposure nor are they limitations on indemnification. vi. BBB shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced. vii. BBB shall require that each contractor entering into contracts to provide services on behalf of BBB shall include insurance provisions in said contracts that provide the same insurance coverage that is set forth in this Contract, shall comply with all provisions of paragraph 5, herein, and shall include such requirements in all RFP's submitted to the CITY for bidding. viii. BBB's Automobile Liability insurance shall include the CITY, its officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the CITY as an additional insured e. Verification of Coverage and Acceptability of Insurers: BBB shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A- VII or better Certificates of Insurance shall show the Certificate Holder as CITY OF YAKIMA and include c/o of the Office or Department issuing the Contract. The 6 address of the Certificate Holder shall be shown as the current address of the Office or Department. ii. Written notice of cancellation or change shall be mailed to the City's Contract Representative identified in Section 4 of this Contract BBB shall furnish the CITY with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will, at a minimum, list limits of liability and coverage The certificate will provide that the underlying insurance contract will not be canceled or allowed to expire except on thirty (30) days prior written notice to the CITY. iv. BBB or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the CITY. 6 TERMINATION a. Either Party may terminate this Contract without cause upon giving thirty (30) days written notice by Certified Mail to either Party's Contract Representative. In that event, the CITY shall pay BBB a prorated portion of the total annual compensation authorized under this agreement in an amount that is proportional to the amount of the year for which the contracted services have been completed. Payment shall be made in accordance with Section III of this Contract. b. In the event that funding for this contract obligation is withdrawn, reduced or limited in any way after theeffective date of this Contract, the CITY may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the CITY to BBB. Contracted services that are performed after the effective date, will not be eligible for compensation, and any invoice for such services will not be honored. Any contracted services that are performed prior to and including effective date will be eligible for compensation c. If BBB breaches any of its obligations hereunder, and fails to cure the breach within ten (10) days of written notice to do so by the CITY, the CITY may terminate this Contract, in which case the CITY shall pay BBB only for services that have been accepted by the CITY, in accordance with Section III of this Contract. Upon such termination, the CITY, at its discretion, may obtain performance of the work elsewhere, and BBB shall bear all costs and expenses incurred by the CITY in completing the work and all damages sustained by the CITY by reason of BBB's breach. 7. NO CONFLICT OF INTEREST BBB represents that it and its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. BBB further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 7 8. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING a. BBB shall perform the terms of the Contract using only its bona fide employees or agents, and the obligations and duties of BBB under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the CITY. b BBB warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for BBB, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. 9. NON -WAIVER OF RIGHTS The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time. 10. INDEPENDENT CONTRACTOR a. BBB's services shall be furnished by BBB as an Independent consultant and not as an agent, employee or servant of the CITY. BBB specifically has the right to direct and control BBB's own activities in providing the agreed services in accordance with the specifications set out in this Contract. b. BBB acknowledges that the entire compensation for this Contract is set forth in Section III of this Contract, and BBB is not entitled to any CITY benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to CITY OF YAKIMA employees. c BBB shall have and maintain complete responsibility and control over all of its subconsultants, employees, agents, contractors and representatives No subconsultant, employee, agent, contractor or representative of BBB shall be or deem to be or act or purport to act as an employee, agent or representative of the CITY. d BBB shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any City, federal or state legislation which is now or may be enacted during the term of this Contract as to all ipersons employed by BBB and as to all duties, activities and requirements by BBB in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements there under pursuant to any rules or regulations. BBB shall comply with all provisions of Chapter 39 12 RCW concerning prevailing wages on Public Work. e. BBB agrees to immediately remove any of its employees, agents or contractors from assignment to perform services under this Contract upon receipt of a written request to do so from the CITY's Contract Representative or designee. 8 11. COMPLIANCE WITH LAWS BBB shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract. 12. INSPECTION OF BOOKS AND RECORDS The CITY may, at reasonable times and with reasonable prior notice, inspect the books and records of BBB relating to the performance of this Contract. BBB shall keep all records required by this Contract for six (6) years after termination of this Contract for audit purposes. 13. NONDISCRIMINATION BBB, its assignees, delegates, contractors or subconsultants shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400. 14. OWNERSHIP OF MATERIALS/WORK PRODUCED a. Material produced in the performance of the work under this Contract shall be as Dworks for hire as defined by the U.S. Copyright Act of 1976 and shall be owned by the CITY. This material includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The CITY agrees that if it uses any materials prepared by BBB for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold BBB harmless therefore to the extent such use is agreed to in writing by BBB. b. An electronic copy of all or a portion of material produced shall be submitted to the CITY upon request or at the end of the job using the word processing program and version specified by the CITY. 15. DISPUTES Differences between BBB and the CITY, arising under and by virtue of this Contract, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due BBB shall be decided by the CITY's Contract Representative or designee. All rulings, orders, instructions and decisions of the CITY's Contract Representative shall be final and conclusive, subject to BBB's right to seek judicial relief pursuant to paragraph 16 of this Section. 16. CHOICE OF LAW, JURISDICTION AND VENUE a. This Contract has been and shall be construed as having been made and delivered within the State of Washington and it is agreed by each party hereto that this 9 Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. b. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in courts of competent jurisdiction in YAKIMA COUNTY, Washington. 17. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. b. If any provision of this Contract is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. c. Should the CITY determine that the severed portions substantially alter this Contract so that the original intent and purpose of the Contract no longer exists, the CITY may, in its sole discretion, terminate this Contract. 18. NOTICES Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in paragraph 2 of this Section. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to have been given three days following the date of mailing or immediately if personally served. For service by facsimile, service shall be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be effective at the beginning of the next working day. 19. ENTIRE AGREEMENT The parties agree that this Contract is the complete expression of its terms and conditions Any oral or written representations or understandings not incorporated in this Contract are specifically excluded. VI AUTHORIZED SIGNATORS Mydatt Services Inc. d b.a. Block by Block By. BB ' cBride, Ve 'resident Date: �'i / / Z �! 10 City of Yakima By:' e 4^^gc'l�'i -el A. Moral4s, Interim City M nager Date: 6 - CITY CONTRAC ( N0• RESOLUTION NO 11 City of Yakima Exhibit "A" Documents & Specifications for Request for Proposals No. 11203P Safety Ambassador, Cleaning and Landscape Maintenance Services - City Hall Purchasing Division 129 N 2nd St Yakima, WA 98901 March 2nd, 2012 Page 1 of 35 Table of Contents Notice to Proposers 3 Proposal Form 4 Non -Collusion Declaration . . .... 5 Proposal Signature Sheet .... 6 Contractor Qualification Statement 7 Proposer's Check List . 10 General Specifications 11 Special Conditions 14 Prevailing Wage Rates 17 Evaluation and Award of Contract ..... .. 22 Special Instructions .. 26 Attachment A - Sample Agreement 30 Attachment B — Pay Schedule & Budget .. .............. 32 Attachment C — Downtown Map of Area . 33 Page 2 of 35 NOTICE TO PROPOSERS RFP No. 11203P Notice is hereby given by the undersigned that sealed Requests for Proposals will be accepted in the office of the Yakima City Clerk, Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901 until the hour of 2:00 pm, March 28th, 2012 and publicly opened and read for: Safety Ambassador, Cleaning and Landscape Maintenance Services for Downtown Yakima, WA This RFP is an endeavor by the City of Yakima (the "City") to solicit for a contractor to provide services outlined in the scope of work funded by the City and properties and owners of businesses in the Parking Benefit Improvement Area (PBIA, area map attached) or otherwise known forthwith as the Downtown Yakima Business Improvement District (DYBID). The Contract for services will be between the Contractor and the City of Yakima. The City Council's recently established Downtown Yakima Advisory Committee will participate in recommending award to the City Council. A pre -proposal conference is available to all proposers on March 20th, 2012 at 10:00 a.m. at the City of Yakima Purchasing Office, 7 North 3rd Street, Yakima, WA. Proposers are STRONGLY urged to attend. Prevailing wages shall apply to the maintenance and landscape phases of this project. Above per specifications or approved equal. RFP Forms and Specifications are available in the office of the Purchasing Manager, City Hall, Yakima, Washington. 509-575-6093. The City of Yakima reserves the right to reject any and all proposals. Dated this 2nd day of March 2012 (Seal) Colleen Bailey Buyer I Publish on March 2"d and 3rd, 2012 Account # 10943 Page 3 of 35 To the Purchasing Manager City of Yakima, Washington: RFP NO. 11203P Proposal FORM The undersigned hereby certifies that they have thoroughly examined the downtown site as defined in the attached map as, and has read and understands the specifications governing the work embraced in this project and propose to undertake and complete the work for the fol1OWIng. The City reserves the right to award any schedule to one vendor, or different vendors, but would prefer to work with one vendor SCHEDULE I CLEANING MAINTENANCE: LUMP SUM PER YEAR (considering crew is seasonal and supervisor is year-round) SCHEDULE II LANDSCAPE MAINTENANCE: LUMP SUM PER YEAR (considering crew is seasonal and supervisor is year-round) SCHEDULE III SAFETY AMBASSADORS LLiMP SUM PEI? SEASON $ SCHEDULE IV ADDITIONAL WORK (Optional): The contractor, depending on skill and qualifications, may be asked on occasion, to assist with other minor repairs, special events, or upgrades the CBD Please include in the RFP an hourly rate schedule for additional work requested by the city. PER HOUR/PER MAN $ Totals are not to include any taxes. Page 4of35 NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive quoting in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. Page 5 of 35 SIGNATURE SHEET Bid No. 11203P The bidder is hereby advised that by signing this signature sheet he/she is deemed to have acknowledged all requirements contained herein. PROMPT PAYMENT DISCOUNT TERMS OFFERED **Receipt is hereby acknowledged of addendum(s) No. (s) SIGNATURE OF AUTHORIZED OFFICIAL(S) Firm Name Address Sign Name Print Name Date Signed Phone Number Fax Number E -Mail Address Page 6 of 35 CONTRACTOR QUALIFICATION STATEMENT Contractor must complete all portions of this statement before RFP will be considered. The following statements as to experience and general qualifications of the proposer as submitted in conjunction with the proposal, as part thereof and truthfulness and accuracy of information is guaranteed by the bidder and included in RFP evaluation. 1. Name and address of principal business office, which Contract will be administered from: Telephone: 2. Number of years Contractor has been engaged in business: 3. The contractor has never failed to satisfactorily perform a contract awarded to him except as follows: (Name of any and all exceptions and reasons thereof) 4. Contractor must have at least three (3) years experience as a contractor in this field of work and have satisfactorily completed two (2) projects of this nature in the last three (3) years: 1. Location and for whom performed: Phone Contact Person 2. Location and for whom performed: Phone Contact Person Page 7 of 35 5. Provide a narrative description of relationship between contractor and police departments, homeless advocates and other social service agencies. 6. Provide a description of training program. 7 Provide a description of proposed uniforms. Page 8 of 35 E -VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E -Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Dated this day of , 20 Signature: Printed Name: Phone #: Email Address: Page 9 of 35 PROPOSER'S CHECK LIST The proposer's attention is especially called to the following forms which must be executed as required, and submitted with their RFP: A. RFP Form The unit prices, extensions and amounts proposed must be shown in the spaces provided (Page 4). B. RFP Signature Sheet To be filled out and signed by the proposer (Page 6). C. Contractor Qualification Statement To be filled out by the proposer (Page 7). D. F -Verify Declaration To be filled out by the proposer (Page 9). E. Financial Statement To be supplied by the proposer. F Pay Schedule and Budget (Attachment B) To be filled out by the proposer (Page 33). The following forms are to be executed after the contract is awarded: A. ;Safety, Cleaning and Landscaping Maintenance Agreement (Attachment A) This agreement to be executed by the successful Contractor. B. Certificate of Insurance Refer to attached Informational Certificate of Insurance and Additional Insured Endorsement. Page 10 of 35 RFP No. 11203P Safety, Cleaning and Landscape Maintenance Services Downtown Yakima, WA 1. GENERAL: A. SUMMARY OF WORK The Downtown Yakima Business Improvement District (DYBID) has been created to fund the implementation of activities promoting the renaissance of downtown; making it the premiere gathering place of Central Washington. The City of Yakima is requesting proposals for the services of a Safety Ambassador, and Cleaning and Landscaping contractor for the area generally referred to as downtown and defined as being between 7th Ave. on the West, 9th St on the East, Lincoln on the North and Walnut on the South. The majority of the effort will be in the core of downtown, 1st St. to 6th St, B to Walnut (see Attachment C for Map). 1. Safety Ambassadors — The Safety Ambassador program is seasonal and provides a uniformed, unarmed presence of "goodwill ambassadors" on the downtown streets, serving as the "eyes and ears" of the police, offering a helping hand, giving directions and generally enhancing the public's experience and perception of safety while in the downtown. The Safety Ambassadors act as security for downtown as well as "walking concierges", providing downtown information and assistance. Each Ambassador will have a well-equipped, quality bicycle (however, the Ambassadors will be a walking and bike patrol). The Ambassadors will be linked by radio/phone to help respond to requests quickly and to report incidents requiring police and medical assistance. The Ambassadors will work with downtown businesses, residents, the Police and Fire Departments and social service agencies to mitigate problems with panhandling, drug dealing, public intoxication, or any other criminal behavior. The Ambassador Service will consist of approximately 112 man hours per week, in addition to 40 hours for the Supervisor who will oversee both Safety and Cleaning Ambassadors, 7 days per week. 2. Cleaning and Landscaping Ambassadors — The seasonal Cleaning and Landscaping Ambassadors will also be "goodwill ambassadors" with some working knowledge of landscaping as well as the ability to communicate in English. The budget covers approximately 88 man-hours per week of cleaning, general landscaping and power washing. The Supervisor will oversee both Cleaning and Safety Ambassadors and will be a full-time, year-round employee. The work under this Contract shall include the furnishing of all labor, materials (except where noted), tools, supervision, transportation and equipment necessary for or incidental to landscape and cleaning maintenance service located as indicated in these specifications and the completion of all work indicated in the Contract Documents. Landscaping and maintenance is all year, however, Security ambassador is seasonal, although there will be a smaller maintenance force in the winter. It is strongly recommended that the interested parties tour the district to see the current conditions. Representatives from the City and members of the assessment area will be Page 11 of 35 available to meet with interested parties for a tour and to answer questions on March 20`h, 2012. The Contractor's personnel shall conduct themselves onsite in a professional manner at all times. B. PROGRAM OBJECTIVES 1. To provide a clean and safe environment for downtown Yakima; 2. To support the police department, property owners and tenants in overall crime prevention efforts and reduction in neighborhood street disorder; 3. To offer a customer service orientation to pedestrians, especially convention visitors; 4. To provide highly visible neighborhood security; 5. To supplement, not supplant individual building security and the Police Department; and 6. To provide a vibrant, clean, green and colorful downtown with supplemental landscaping, C. SCOPE OF WORK Vendors may propose services on all of the scope of work or portions of the scope. The scope of work requires the following (includes but is not limited to): 1 Cleaning: a. Pan and broom litter pick-up b. Sweeping sidewalks c Clearing street furniture d Cleaning out planters and planting areas e Paper sign and handbill removal from public and private property f Removal of graffiti on public and private property 2 Landscape Maintenance a. Hanging of baskets (409) for replacement during the season, and take down of baskets at end of season b Planting `round planters (214) and flower beds as needed at beginning of season and ground planters at start of fall season c Weeding, pruning, trimming, and transplanting as needed d. "Dead -heading" -- includes removing dead flower blooms to encourage new flowers. e Plant Replacement f Watering, fertilizing (slow release fertilizer pellet; that will release fertilizer throughout the season, to be applied once a month), and insecticide application as needed g. Minor irrigation system repairs (Major repairs will be done by the city) I7 Turning on the watering system and ensuring watering schedule is programmed Mid- Niarch and off at the end of October or beginning of November (including blowing out the lines) i. Storage of all hanging baskets during the winter months (including removal of plants and soil in order to increase life expectancy of coconut liners, and maintenance of all ground planters through fall and winter as needed. �. Limited mowing 3 Pressure washing a. The sidewalks will need pressure washing certain times of the year (approximately 4x's a year and possibly some smaller jobs in "hot spot" areas throughout the year -- to be determined by the Contractor and the City.) Page 12 of 35 4. Safety Ambassadors a. A complete tour of the area, plus a return to security "hot spots" must be made per shift. b. All staff uniforms, bicycles must be provided by the contractor and be approved by the City. Equipment must include at least one per employee: 1. Communication equipment -cellular phone/Nextel c. Shift and incident report forms (approved by City) d. A monthly report form (approved by City) e. Police style bicycles with regular maintenance agreements f. Bicycle safety helmets for each Employee g. Equipment packs to include flashlight, first aid kits, etc. h. Uniforms must include an approved logo and/or name on them. The Contractor will submit and provide logo artwork. Uniforms must be appropriate for inclement weather and must be cleaned and maintained on a regular basis. 5. Training a. Contractor must provide a detailed training program, which includes training in the following areas: 1. An overview of the role of the patrol, the downtown, the City and street grid (both Clean and Safety Ambassadors) 2. A number of sensitivity sessions must be included in the training. Ambassadors must understand issues relating to cultural diversity, mental illnesses, homelessness and other quality of life issues (Safety Ambassadors) 3. Graffiti and its removal (Clean Ambassadors) 4. Use of force and limitations. The Ambassadors will not be armed and will not have police powers. (Safety Ambassadors) 5. Situation crisis management (Both Ambassador Teams) 6. Public speaking, human relations, interpersonal communications, customer service (Both Ambassador Teams) 7. Radio communications (Both Ambassador Teams) 8. Writing daily reports (Safety Ambassadors) 9. Certified Training in First Aid and CPR for the Safety Ambassadors 10. Self defense (Both Ambassadors) 11. Bike training (Safety Ambassadors) 12. Victim assistance (Safety Ambassadors) 13. City ordinances (Safety Ambassadors) 14. Other features of training program to include tour of the City, the downtown area, the cultural and entertainment aspects, a tour of police headquarters, and meeting several city service representatives. (Both Ambassadors) The City will provide assistance in the area of downtown and city orientation. If awarded to one vendor, Contractor must consider cross -training the Clean Ambassadors and Security Ambassadors. 6. Parking Lots a. The City owns several parking facilities located in the downtown business core. Parking enforcement and maintenance of the physical lots and automated meters may be negotiated into this agreement at a subsequent date. The current budget for this service is $30,000 per year based on $7,500 per quarter. Submit in your proposal your interest and qualifications for this service, including: 1. Parking enforcement of physical lots 2. Maintenance of lots/automated meters Page 13 of 35 3 Coin collection and delivery to City Hall D. ADDITIONAL SCOPE OF WORK REQUIREMENTS 1 Work will be performed in the downtown business district (see map, Attachment C) 2. The cleaning work will be performed on the sidewalks, from the building line to approximately one foot from the street curb (which includes gutters). 3 All staff, uniforms, cleaning, and supplies must be provided by the Contractor and be approved by the City. 4. Equipment must be provided by the Contractor who will also be responsible for any maintenance and repairs of a]1 equipment. 5. Uniforms must include Contractor logo and/or name on them. The Contractor will provide logo artwork. Uniforms must be appropriate for winter (in the case of the supervisor), spring/fall, summer and inclement weather and must be cleaned and maintained on a. regular basis. 6 Regular meetings between the Contractor, the Council's Downtown Advisory Committee and the City will be required. 7 Workers must be able to speak and understand English 8. Radio corrimunication must be provided by the Contractor Contractor will be responsible for all repairs and maintenance of the radio system. 9. Contractor must provide a working employee manual to be tailored to the specific job. 10. Contractor must provide a detailed training program. ] 1 Contractor must provide a detailed program for quality control specific to the job. E. PURCHASING REQUIREMENTS: Per RCW 3S 87A 200 Any city or town or county authorized by this chapter to establish a parking improvement area shall call for competitive bids by appropriate public nonce and award contracts, whene\er the estimated cost of such \sork or improvement, including cost of materials supplies and equipment, exceeds the sum of two thousand five hundred dollars. This is done by contacting the City of Yakinia's Purchasing Division for assistance. F. EQUIPMENT SPECIFICATIONS --(Contractor Supplies) J. AL least 4 police -issue bicycles 2. One radio or equivalent per employee and one for the Contractor's office 3 Bicycle helmets for each employee 4. Pressure Washer (please outline additional cost in proposal) .5. Utility Vehicle (i e. John Deere Gator) 6. Billy Goat (or equivalent vacuum) 7 All cleaning supplies (i.e. graffiti removal, plastic gloves, pan and broom, etc.) G. CHANGES IN SERVICE The City reserves the right, at any time by written order, to make changes within the general scope of the contract regarding the services to be performed. Such changes might include, but Page 14 of 35 are not limited to: changes in the method of operations, scope of work, requirements for record keeping, and customer service. H. ERRORS AND OMISSIONS The City reserves the right to correct obvious ambiguities and errors in the Bidder's proposal and to waive non -material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern. II. SPECIAL CONDITIONS: A. RFP SUBMITTALS AND FORMS All proposals must be made upon forms to be obtained from the City Purchasing Office, City Hall, 129 North 2"d Street, Yakima, Washington, 98901, (509)575-6093, or www.yakimawa.gov . Extra pages and literature may be added to this package; however, the package shall be returned intact as received. All prices and notations must be typewritten or written in ink, with no erasures permitted. Mistakes may be crossed out and corrections written adjacent thereto, and must be initialed in ink by person signing quotation. Verify your quotations before submission, as they cannot be withdrawn or corrected after being opened. If applicable, unit prices for all items, all extensions, and the total amount of bid or quote must be shown. In the instance of a discrepancy between the unit price and the total price, the unit price shall govern. Any pricing, configuration, or other errors discovered after bid/quote opening or quotation due date must remain and cannot be adjusted. B. RFP DUE DATE ONE ORIGINAL AND FIVE (5) COPIES OF THE RFP shall be submitted to the City Clerks Office, Yakima City Hall, 129 North 2"d Street, by 2:00 p.m. on March 28a', 2012 in a sealed envelope labeled RFP No. 11203P with the date and time of RFP opening written on it. If you plan on attending the RFP opening, DO NOT BRING YOUR RFP WITH YOU INTO THE OPENING ROOM. All RFPs must be submitted to the Clerks Office. C. LATE RECEIPT OF BID/QUOTE DOCUMENTS Bids and/or quotations and modifications received after the exact hour and date specified for receipt of bids and/or quotations will not be considered (i.e. if bid was due by 2:00 PM, any bids received after 2:00:00 PM will be rejected). D. PRE -PROPOSAL CONFERENCE A voluntary site visit will be held at 10:00 am on March 20th, 2012, at City Hall, 129 N 2"d Street, Yakima, WA 98901. All vendors are encouraged to attend. E. PROPOSER INQUIRIES, CITY CONTACT PERSON Any person contemplating submitting a proposal who is uncertain as to the intended meaning of any part of the Request for Proposals ("RFP") or other contract documents, or who finds discrepancies in, or omissions from the Request for Proposals may request interpretation, clarification, or correction of this RFP. Such request must be in writing and must be delivered Page 15 of 35 to the City Contact Person listed below not later than five (5) working days before the deadline for delivery of proposals. The person submitting the request is responsible for its timely delivery. Any interpretation or correction of the RFP or contract documents will be made only by written addendum and will be mailed or delivered to each person receiving this RFP. Any information given to any proposer concerning the solicitation or any changes to the RFP shall be provided in writing to all proposers to ensure that all proposers receive the same information relating to the RFP. The City will not be responsible for any other interpretation, clarification, or correction of this RFP. Proposers must acknowledge receipt of any addenda received in the acknowledgement on page 6 of the proposal. Each proposer should verify that it has received all addenda to this RFP by direct inquiry to the City Contact Person before submitting proposals. Any questions concerning this RFP should be directed during the hours of 8 a.m. to 5 p.m. Monday through Friday to the City Contact Person as follows: Colleen Bailey, Buyer I City of Yakima 129 No. 2"d St. Yakima, WA 98901 Tel: (509) 576-6787 Fax (509) 576-6394 email: cbailey@ci.yakima.wa.us Prospective proposers must avoid contacts regarding this RFP with elected officials of the City and City staff not listed as the contact person for this procurement. Any contact other than with the City Contact Person may disqualify a proposer from the RFP process. City contact person will change to Public Works after contract execution. F. FINANCIAL STATEMENTS For analysis purposes, the Contractor shall include in their proposal a financial statement, in a format that displays Balance Sheet, Income Statement and Statement of Cash Flows. Except to the extent required by RCW Chapter 42.17, 42.56, or other applicable laws, these documents will be considered to be proprietary and confidential and will not be released to the public. G. TERM The period of this contract shall be for a period of one year from its effective date. The City may, at its option, extend the contract on a year to year basis for up to four additional years provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twelve month period of the contract unless an exception is stated in the bid. The services will be performed under the terms of a one year contract with the ability to renew after an annual review of the contract. H. BILLING RATES (ATTACHMENT B) 1. The City requires a starting pay rate which reflects the unique level of expertise and training necessary for the job and which distinguishes the position from standard Page 16 of 35 building security and maintenance positions. Since these employees must be above industry standard, the employee rate should be above the industry standard in Yakima, WA. 2. Provide description of staffing plan and per hour cost per employee. Please include both the wage for the employee and the billing rate per employee. 3. Please provide the overtime rate of employees and the billing rate of employees. 4. Please describe hourly rate pay increases during a three year period. Pay rates may be advanced upon merit evaluation, indicating satisfactory performance and completion of the required time in assignment. There must be a merit recognition program. 5. Please describe what is included in the bill rate (the difference between the hourly and billing rate). 6. Please provide a detailed breakdown of the bill rates including all equipment (bikes, radios) and. 7. Describe in detail employee benefits package, type of coverage, vacation policy, tuition, and whether that is included in the billing rate. 8. It should be assumed that the Contractor will provide office and storage space in the CBD for the Ambassador Program and access to trash dumpster or equivalent. I. PRICE ADJUSTMENT In order to protect the interest of the City and to give the contractor a reasonable basis for quoting, a price adjustment feature is hereby incorporated into the specifications and contract documents and shall be binding on the contractor and the City. In submitting RFD's, each contractor shall set forth the amount they will accept for the first season in payment for services and materials in accordance with the contract. J. NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties at their addresses as follows: To City of Yakima Purchasing: To Contractor: Colleen Bailey Buyer I 129 N 2nd St Yakima, WA 98901 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. K. APPLICABLE LAWS The contractor shall comply with all applicable laws and regulations pertaining to this contract. In addition, the contractor shall ensure that any subcontractor performing this contract shall comply with all applicable laws and regulations pertaining to this contract. L. OWNER Reference to "Owner" herein shall be interpreted as the City of Yakima Page 17 of 35 M. FINAL RFP AMOUNT The final RFP amounts shall include cost of all materials (except where noted), labor, and equipment. N. PREVAILING WAGES The contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. A. RCW 39.12.010 - The Prevailing Rate of Wage. Contact the Department of Labor and Industries, to confirm current prevailing wage rate for applicable workers on this particular pubhc work project. B. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each contractor and sub -contractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries C. RCW 39 12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and industries. iittps.//fortress.wa.gov/lni/wagelookup/prvWageloolcup.aspx Based on the bid submittal deadline for this project, the applicable effective date for prevailing wages for this project is March 28th, 2012. A copy of the applicable prevailing wage rates are also available for viewing at the office of the Owner, located at 129 N 2nd St, Yakima, WA 98901 Upon request, the Owner will mail a hard copy of the applicable prevailing wages for this project. O. INDEMNITY/CONTRACTOR'S LIABILITY INSURANCE. 1. The Service Provider agrees to indemnify and save harmless the County, its officers, agents and employees against and from any and all actions, suits, claims. demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance or any service hereunder. 2. The Service Provider shall take all necessary precautions m performing the work hereunder to prevent injury to persons and property. 3. Contractors Liability Insurance: The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Washington. The insurance companies must carry a Best's Rating of A- VII or better. At all times during the life of this contract, Contractor agrees to maintain, on a primary and non-contributory basis and at its sole expense, the insurance coverage, limits, and endorsements noted below. All such insurance shall not be subject to any deductible or self-insured retention (SIR). There shall be no cancellation, material change, reduction in limits or intent not to Page 18 of 35 renew the insurance coverage(s) without 30 days written notice from the contractor or its insurer(s) to the City of Yakima. The requirements contained herein, as well as the City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate The City of Yakima, its agents, employees, authorized volunteers; elected and appointed officials are included as Primary/Non-Contributory additional insureds. The Contractors' insurance coverage shall be primary insurance as respects those who are Additional Insureds under this agreement. Any insurance, self-insurance or insurance pool coverage maintained by the County shall be in excess of the Contractor's insurance and shall not contribute to it. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the Purchasing Manager, prior to commencement of this work. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the County to terminate the contract. The contractor shall also maintain workers compensation through the State of Washington. 4. Contractor' s Waiver of Employer's Immunity under Title 51 RCW. Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in section 10.1 shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in section 10.1, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the County and its officers, employees, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement to comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW,and assume all potential liability for actions brought their respective employees. The provisions of this section shall survive the expiration or termination of this Agreement. 5. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Page 19 of 35 Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. P. SITE AND SPECIFICATION EXAMINATION Q. 1. The submission of a RFP shall be conclusive evidence that a proposer has made sufficient examination of the specifications and contract documents and has thoroughly investigated and is satisfied as to the existing conditions to be encountered at the project site; the character, quantity, quality and scope of work; the quantities and qualities of materials to be supplied and equipment and labor to be used, and the requirements of the Contract and proposal submitted, including all addenda for performance of the work. The proposer must be farniliar with all state, federal and local laws, ordinances and regulations which in any manner might affect those engaged or employed in the work, the materials, equipment or procedures used in the work, or which in any other way would affect the conduct of the work. They are assumed to be familiar with such laws and regulations, and no plea of misunderstanding or ignorance of the law will be considered. 3. The proposer must determine, from careful examination, the methods, materials, labor and equipment required to perform the work in full and shall reflect the same in his RFP price. lf, in the performance of the work, additional materials, labor or equipment are required beyond those anticipated by the proposer, they will not be entitled to additional compensation except as may be provided for elsewhere in these specifications. PERMITS AND LICENSES 1. Procurement of a City Business License. The successful vendor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. 2 Licenses - If applicable, successful vendor shall have a valid and current business license per Chapter 5 02 Section 5 02 010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license slut'' he obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509) 575-6121. In addition, Contractors are required to be registered by the State per Chapter 18.27 of the Revised Code of Washington and their registration.number must be listed on the bid/quote. 3 Permits - The vendor shall procure and pay for all permits and licenses necessary for the completion of the Contract, including those permits required by the City of Yakima. In the event a necessary permit is not obtained, the Vendor will not be permitted to work on items subject to said permit and any delays caused thereby will not be subject to extra compensation or extension. 4. Washington Contractor's Registration. Proposers must have a valid Washington State Contractor's License at the time of opening of the RFP's. R. AWARD OF CONTRACT 'The City of Yakima reserves the right to reject any or all RFP's or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low RFP. Page 20 of 35 1. The award of the Contract will be made within sixty (60) days after the opening of the proposals. 2. Company experience level and qualifications of subcontractor or agent designated to complete the requirements is important and will be considered in the evaluation of the RFP. The enclosed Contractor Qualification Statement must be completed and enclosed with the RFP to be considered for award. Nonconformance may result in rejection of RFP as nonresponsive. S. PUBLIC DISCLOSURE Proposals shall become the property of the City. All proposals shall be deemed a public record as defined in RCW 42.56 "Public Records." Any proposal containing language which copyrights the proposal, declares the entire proposal to be confidential, declares that the document is the exclusive property of the Vendor, or is any way contrary to state public disclosure laws or this RFP will be declared non responsive and removed from consideration. Any information in the proposal that the successful Vendor desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated as described in Section Proprietary Information. The particular exception from disclosure upon which the Vendor is making the claim and the RFP page it is found on must be identified. RFP's will not be disclosed prior to release to potential respondents. With the exception of lists of prospective Vendors, the City will not disclose RFP records until execution of the contract(s). At that time, all information about the competitive procurement will be available with the exception of: Proprietary/confidential portion(s) of the successful proposal(s), until the Vendor has an adequate opportunity to seek a court order preventing disclosure. The City will consider a Vendor's request for exemption from disclosure; however, the City will make a decision predicated upon RCW 42.56. T. ASSIGNMENT This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume .all duties, obligations, and liabilities of Contractor as stated herein. U. TERMINATION - CAUSE The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor. V. PROTEST PROCEDURE Any protest must be made in writing, signed by the protestor, and state that the vendor is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, faxed to 509-576-6394 or emailed to sownby@ci.yakima.wa.us. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Page 21 of 35 Protests before award shall be filed five (5) days before the solicitation due date, and protests after the award shall be filed five (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the vendor: Step I Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All available facts will be considered and the City Purchasing Manager shall issue a decision This decision shall be delivered m writing to the protesting vendor. Step II If unresolved, within three (3) business days after receipt, the protest may be appealed to the Department I -lead by the Purchasing Manager. Step III if still unresolved, within three (3) business days after receipt, the protest may be appealed to the City Manager (or his designee). The City Manager shall make a determination in writing to the vendor. Grounds for Protest Only protests stipulating an issue of fact concerning the following subjects shall be considered. A matter of bias, discrimination, conflict of interest; Solicitation unduly constrains competition or contains inadequate or improper criteria; Errors in computing score, Non-compliance with procedures described in the solicitation or City Policy. Protest Determination Each review and determination of the protest shall issue a decision that either: Finds the protest lacking in merit and upholds the award; or Finds only technical or harmless errors in the acquisition process and determines the City to be in substantial compliance and therefore reject the protest; or Finds merit in the protest and provides options for correction, including, but not limited to, correcting the errors and re --evaluating ti;e bids, reissuing. the bid to begin a new process, or entering in to a contract that remedies the protest finding; or Makes, other findings and determines other courses of action as appropriate. ;t'liiie ramie Only protests and complaints received within the required timeframe for protest action are accepted for consideration. Award Announcement Purchasing shall announce the successful bidder via City Website, e-mail, fax, regular mail, or by any other appropriate means Once the announcement is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the vendor received the information, but rather when the announcement is issued by Purchasing. Though every effort will by made by Purchasing to distribute the announcement to the interested vendors, Purchasing is not responsible to assure that vendors receive the announcement. It is the responsibility of the vendors to obtain the announcement from Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: The supplies or services to be contracted for are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; A prompt award will otherwise be advantageous to the City. Page 22 of 35 If the award is made, the file must be documented to explain the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. Page 23 of 35 III. EVALUATION AND AWARD OF CONTRACT A. EVALUATION PROCEDURE An evaluation team will be selected by the City of Yakima to review each responsive proposal. Each proposer will be rated on a point system with the top -scoring proposer selected. B. EVALUATION CRITERIA A maximum score of 170 points will be used to evaluate proposers. Each of the following elements shall have the stated maximum point value. 1. Ouctli flcation and Experience 45 Points a. Experience in providing similar safety, cleaning and landscape ambassador services 20 Points h Experience and qualifications of the Supervisor and staffing plan 15 Points c Knowledge of City of Yakima service area and familiarity with local operating conditions 5 Points d. References from prior contracts in security/janitorial business and related experience. 5 Points 2. Project Understanding 20 Points a Understanding of scope of work demonstrated by completeness of submitted responses, verification of information provided, and submission of all requested documentation 20 Points 3. Financial Stahilitt 20 Points a. Review of firm's condition based on credible financial information provided 10 Points b Ability to operate service and maintain cash flow 10 Points 4. Technical Ability 25 Points a. Ability and plan to operate in accordance with Scope of Work 5 Points c. Ambassador qualifications 5 Points d Ambassador training program 5 Points e. Procedures for maintaining equipment 5 Points Page 24 of 35 C. AWARD The City reserves the right to award the contract to the proposer that it deems to offer the best overall proposal in its sole discretion. The City is therefore not bound to accept a proposal on the basis of lowest price, and further, the City has the sole discretion and reserves the right to cancel this RFP and to reject any and all proposals, to waive any and all informalities and or irregularities, or to re -advertise with either the identical or revised specifications, if it is deemed to be in the best interests of the City. D. RE -AWARD When the contract is terminated by the vendor upon 30 days notice as herein provided, the City, pursuant to City ordinance, may re -award the contract to the next most responsible bidder. When a vendor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re -award the contract to the next most responsible bidder. E. DELAY OF AN AWARD If, after bid/quote opening, administration problems threaten to delay award beyond the bidder' s acceptance period, bidders shall be requested to extend the bid/quote acceptance period. This request must be made and confirmed in writing prior to the expiration date of their bids/quotes (with consent of sureties, if any) to avoid the need to re -advertise. Page 25 of 35 h. Radio Communications and Procedures 5 Points 5 Facilities ' 5 Points b. Facility capacity to operate equipment and availability of space for duration of contract 5 Points 7 Cost ' 55 Points , a. Schedule I — Cleaning Maintenance 25 Points b. Schedule II — Landscape Maintenance 20 Points c. Schedule III — Safety Ambassadors 5 Points c. Schedule IIV — Additional work 5 Points TOTAL POINTS POSSIBLE' - 170 C. AWARD The City reserves the right to award the contract to the proposer that it deems to offer the best overall proposal in its sole discretion. The City is therefore not bound to accept a proposal on the basis of lowest price, and further, the City has the sole discretion and reserves the right to cancel this RFP and to reject any and all proposals, to waive any and all informalities and or irregularities, or to re -advertise with either the identical or revised specifications, if it is deemed to be in the best interests of the City. D. RE -AWARD When the contract is terminated by the vendor upon 30 days notice as herein provided, the City, pursuant to City ordinance, may re -award the contract to the next most responsible bidder. When a vendor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re -award the contract to the next most responsible bidder. E. DELAY OF AN AWARD If, after bid/quote opening, administration problems threaten to delay award beyond the bidder' s acceptance period, bidders shall be requested to extend the bid/quote acceptance period. This request must be made and confirmed in writing prior to the expiration date of their bids/quotes (with consent of sureties, if any) to avoid the need to re -advertise. Page 25 of 35 F. FINAL CONTRACT LANGUAGE The City reserves the right to introduce additional terms and conditions at the time the final contract is negotiated. Any additional terms or conditions would be limited to ones having the effect of clarifying the RFP, correcting defects, and implementing the final schedule or combination of schedules selected by the City. G. PAYMENT Vendor is to submit properly completed invoice(s) to the City of Yakima Finance Department, 129 N 2nd Street, Yakima, Washington, 98901. Payment will be mailed within thirty (30) days after receipt of properly completed invoice (including intents and affidavits filed with LNI). H. CHANGE ORDERS Change Orders for material or services will be without effect unless issued and authorized in writing by the Purchasing Manager. I. TAXES The City will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The City is exempt from Federal Excise Tax. Where applicable, the City shall furnish a Federal Excise Tax Exemption certificate. J. NON-DISCRIMINATION During the performance of this Agreement, Contractor shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. K. THE AMERICANS WITH DISABILITIES ACT With regard to the services to be performed pursuant to this Agreement, Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. L. 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. Page 26 of 35 M. 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. N. ENTIRE AGREEMENT This written contract represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understanding between the parties. O. VENUE In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the Agreement, the venue of such action of litigation shall be in the Courts of the State of Washington in and for the City of Yakima. This Agreement shall be governed by the laws of the State of Washington. P. DEFENSE AND INDEMNITY AGREEMENT The vendor agrees to defend, indemnify and save harmless the City, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting there from, sustained by any person or persons and on account to damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Vendor, his/her subcontractors, it successor or assigns, or its or their agent, servants, or employees, The City, 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 City, its appointed or elected officials or employees. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. Q. COOPERATIVE PURCHASING The Washington State Interlocal Cooperative Act RCW 39.34 provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. R. FORCE MAJEURE Vendor will not be responsible for delays in delivery due to acts of God, fire, Strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided vendor notifies the Purchasing Manager immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. Page 27 of 35 S. WASTE MATERIALS Al] garbage and litter must be disposed of by the Contractor into approved refuse containers on site to be provided by City. The Contractor must immediately clean up any spilled material from buildings, pathways, etc. T. MANUFACTURER'S INSTRUCTIONS All materials shall be applied, installed, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise specifically provided in the contract documents. U. PUBLIC CONVENIENCE AND SAFETY 1. The Contractor must so conduct operations as to offer the Ieast possible obstruction and inconvenience to the public. 2. If the contractor sees potential public safety hazards while performing his/her duties, the contractor is required to notify the City immediately and rope off and or secure the hazardous area. IIV. SPECIAL INSTRUCTIONS: A. PERSONNEL QUALIFICATIONS The City requires the contractor 10 provide to the City prospective employees of sufficient quality so as to meet the demanding nature of downtown work. Normal security and janitorial industry standards will not apply in this account. Approaching this Downtown as if it were a typical security or janitorial account would be insufficient and will undoubtedly undercut the contractor's proposal. Contractor will be required to he diligent in finding persons qualified to handle and thrive in the work environment in the Downtown. The City will have final approval as to whether or not a prospective employee of the contractor is suitable for placement in the Downtown. This right to veto or cancel shall also apply to contractor's selection and appointment of supervisors and managers. Ambassadors will conduct their operations within the boundaries of the Downtown on bicycle or foot. The determination as to mobility rests with the Contractor in consultation with the City and the Advisory Committee Contractor employees must be capable of pedaling a police style mountain bicycle and sustaining the effort for a complete shift. There is no motorized assist with these bicycles. Foot patrolling officer must also meet a minimum level of fitness in order to make their rounds and be able to withstand the rigors of an 8 -hour day spent on their feet. Cleaning Ambassadors will be or. foot 8 hours a day in all types of weather and must be able to handle light equipment and landscaping. The personnel provided by the contractor shall: I. Be personable and capable of interfacing with the public and making good judgments in public relations situations. Communicate clearly with downtown workers, visitors and downtown clients. 2. Have been tested and determined drug free at a minimum of 30 days prior to assignment to the contract. Page 28 of 35 3. Have demonstrated acceptable personal character, credit and prior work history in a background check conducted by the Contractor. 4. Be able to perform duties requiring physical exertion, such as standing, walking, or riding a bicycle the entire shift; lifting and carrying objects weighing up to 50 pounds and climbing stairs. 5. Conduct interviews of persons and witnesses 6. Write basic reports that document safety officer actions 7. Respond to specific plans and directions that are tied to crime reduction plans adopted by the City and the Advisory Committee. 8. Work closely and professionally with police, dept. of transportation, fire dept. and other city agencies. 9. Identify persons for the presence of mental illness or drug abuse and arrange for the appropriate response from nearby service providers. 10. Be able to use a 2 -way radio and basic computer word processing programs for report writing (Security Ambassadors) 11. Operate a motor vehicle as directed 12. Work in small teams on rotating shifts that include the "graveyard" hours. 13. Be sensitive to "quality of life" conditions such as graffiti, trash, human waste and other detritus that litter and arrange for appropriate action to be taken. 14. Posses a clear drivers license 15. Vendor must use an automated time keeping system in this contract. The system must be a computerized program that doesn't require the time consuming process of manual inputting of time card information into a payroll system. This system must be simple enough to use that multiple people can be trained in the use of the program. Safety Ambassadors must be capable of learning basic police patrol style skills. Ambassadors are trained to be the eyes and ears of the police department. Our goal is to be visible, mobile and responsive. We do not actively respond to felony police calls;. however, we may from time to time find ourselves assisting the local police with a felony crime scene investigation. We expect Ambassadors to understand the basic philosophy of community based policing and the "broken windows" theory of crime. We want our contract officers to be able to conduct small-scale misdemeanor investigations. The City will be advised and offer consent without undue interference to the hiring, termination and promotion of all Ambassadors, including all supervisory and management positions. The Contractor's personnel shall conduct themselves on site in a professional manner at all times. B. WORK INSPECTION The Advisory Committee will inspect work performed by the Contractor on a regular basis. In the event of work performance deficiencies, City or Advisory members will appropriately notify the Contractor. Notification may be verbal or written. If the City is required to correctany performance deficiencies, the City will deduct from the Contractor's billing the costs associated with the work performed. C. DAMAGE REPORTING Report any damage, or potential hazard, involving public or private property, immediately to the City. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect park visitors from injury. It is the Contractor's responsibility to provide close supervision of maintenance operations and management of the site. Page 29 of 35 D. INCIDENTS, ALTERCATIONS OR ACCIDENTS Incidents, altercations or accidents involving the public, Contractor's employees or City employees shall be reported to the City immediately. E. NEGLIGENCE Any damage to public or private property or plant material due to Contractor negligence will be repaired by the Contractor, at his or her expense, in a timely manner. F. STORAGE The contractor will arrange for storage of materials and equipment. G. IDENTIFICATION Contractor shall provide an identification system for personnel assigned to site that clearly indicates to the name of the Contractor responsible for services as well as the name of the individual employee. The identification system shall be furnished at the Contractor's expense. H. PHYSICAL CHECK Contractor will make a physical check once a week of the areas that its employees are maintaining to ensure that the aforementioned services are being performed in a proper manner. Page 30 of 35 Personnel Inventory Form * To Accompany Bid Proposal * Firm Name: Contact: Address: Phone Number: City: State: Zip: Type of Service Provided: Are you a certified DBE or WMBE?: YES NO . If yes, what is your certification number? Contractor's Entire Work Force - if you need additional space, photo copy this section and attach it to this form. Occupation Total Employed Total Minorities African American Asian or Pacific Islander Native American Hispanic or Latino Apprentice Trainee M F M F M F M F M F M F M F Officers Foremen Clerical Totals: Goals for minorities and women employees in the contractor's and subcontractor's workforce are 10% combined. Contractors and subcontractors do not have to fire or lay off employees to meet these goals, however, if new employees are hired, it shall be an obligation to make a good faith effort to hire qualified minorities and women. Page 31 of 35 ATTACHMENT "A" SAMPLE SAFETY, CLEANING AND MAINTENANCE AGREEMENT DOWNTOWN YAKIMA WASHINGTON THIS MAINTENANCE AGREEMENT, hereinafter "Agreement", is made and entered into by and between the City of Yakima (a Washington State municipal corporation, hereinafter the "City"), and (hereinafter "Contractor"). WHEREAS, the City requires certain Security, Cleaning, and Landscape Maintenance services for the downtown area; and WHEREAS, Contractor has experience and expertise regarding said services, and agrees to perform these services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, to consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: 1. Services. The Contractor shall provide services for Downtown Yakima in accordance with and as described rn RFP No 11203P, which is attached hereto and incorporated herein by this reference). 2. Assi rnment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Contractor to any other person or entity without the prior written consent of the City.. 111 the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor as stated herein 3. Contract Documents, The City of Yakima RFP No. 11203P, the Contractor's response (,to the extent consistent with the City's documents), and any addenda issued are hereby incorporated herein by this reference. 4. Integration. This written document, inclusive of the contract documents listed above, constitutes the entire agreement between the parties. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 5. N€)nDiscrimination During the performance of this contract, the contractor agrees as follows: A The contractor or subcontractor shall not discriminate on the basis 'of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Page 32 of 35 6. Termination — Convenience. This contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the contract. 7. Termination — Cause. The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement,' In addition to the foregoing right of termination, the City may terminate this contract, with or. without cause, upon thirty (30) days written notice to Contractor. 8. Defense and Indemnity Agreement The vendor agrees to defend, indemnify and save harmless the City, its appointed and elective officers and employees, from and against all loss or :expense, including but not limited to judgements, settlements, attorney's fees and costs by .reason, ,of any and all claims and demands upon the City, 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 to damage to property including,loss of use thereof;. whether such injury to persons or damage to property is due,. to;,the negligence- of the Vendor, his/her subcontractors, it successor or assigns, or its or their agent,.. servants; ,or employees, The City, 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 City, its appointed or elected officials or employees. It is further provided that no liability -shall attach to the. City by reason of entering into this contract, except as expressly provided herein. 9. 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. 10. Survival: Any,provision of this Agreement that imposes an obligation after termination or expiration of'th'is Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to thi's Agreement. 11. Governing La ii This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 12. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. City of YAKIMA CONTRACTOR By: By: City Manager Date: Date: Page 33 of 35 ATTACHEMENT B PAY SCHEDULE AND BUDGET Questions to Billing Rates, Section H. 11— include answers on this form. Staffing Plan: Overtime Rate &_ Biking Rate: Please use this space to provide detail description and costs for the Overhead column. Please provide this space to provide detail description and costs for Capital Expenditures (i.e. Equipment ). Page 34 of 35 Safety Ambassador Cleaning & Landscaping Ambassador Supervisor Pay Rate/Per Hour FICA Workers Comp Liability Unemployment Overhead Benefits Profit Bill Rate Weekly Hrs Annual I-lrs Annual Cost Total Cost to rogram: Questions to Billing Rates, Section H. 11— include answers on this form. Staffing Plan: Overtime Rate &_ Biking Rate: Please use this space to provide detail description and costs for the Overhead column. Please provide this space to provide detail description and costs for Capital Expenditures (i.e. Equipment ). Page 34 of 35 Downtown Map ATTACHMENT C Page 35 of 35 ACORO® CERTIFICATE OF LIABILITY INSURANCE `.i DATE(MM/DDIYYYY) 7/6/2012 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 Beecher Carlson Insurance Services 6 Cadillac Drive, Suite 320 Brentwood, TN 37027 www.beechercarlson.com CONTACT NAME: PHONE (A/C. No. Extl: 615-277-9840 FAX (A/C, No): 615-277-9879 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A. Travelers Property Casualty Ins Co of CT 25682 INSURED Mydatt Services, Inc. dba Brantley Security Services, Block by Block, Brantley Usher Services 7135 Charlotte Pike, Suite 100 Nashville TN 37209 INSURER B . Employers Insurance Company of Wausau 21458 INSURER C : The Charter Oak Fire Insurance Company 25615 INSURERD: $ INSURER E: $ INSURER F . $ CERTIFICATE NUMBER: 13544513 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 ANSR SUBR POLICY NUMBER EFF (MMIDDY/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ GEN'L AGGREGATE 7 POLICY LIMIT APPLIES PRO- JECT PER: LOC $ A C AUTOMOBILE i LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON OWNED AUTOS ✓ P -810 -9575N717 -TCT -11 BA -962J8814 -11 -CAG 8/31/2011 8/31/2011 8/31/2012 8/31/2012 (E a aBcitleDt) INGLE LIMIT $ $1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ - UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYIPROPRIETOR PARTNERDXECUTIVE N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A WCC -Z91-453170-012 1/1/2012 1/1/2013 / ORYLAMITS Si E.L. EACH ACCIDENT $ $1,000,000 E.L. DISEASE- EA EMPLOYEE $ $1 000,000 E.L. DISEASE - POLICY LIMIT $ $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (AttacKACORD 101, Additional Remarks Schedule, if more space is required) The City of Yakima, its officers, officials, employees and agents with respect to performance of services are listed as additional insured, and shall contain no special limitations on the scope of protection afforded to the City of Yakima as an additional insured. CERTIFICATE HOLDER CANCELLATION City of Yakima 129 South Second Street Yakima WA 98901 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 (I 0,,t i, a \ ,np ,,,,,, ��- QQQ (NASH) Donna Bagley (� (//� ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERT NO 13544513 (NASH) Kathi Liddle 7/6/2012 7 26 27 AM Page 1 of 5 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such ,an endorsement. The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS – INCREASED LIMITS F. HIRED AUTO – LIMITED WORLDWIDE COVERAGE – INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE – GLASS "— PROVISIONS A. BROAD FORM NAMED INSURED 0 0� a. 0 0= 0� The following is added to Paragraph A.1., Who Is An Insured, of SECTION II – LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II – LIABILITY COVERAGE' Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF USE – INCREASED LIMIT I. PHYSICAL DAMAGE – TRANSPORTATION EXPENSES – INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 – LI- ABILITY COVERAGE An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness CA T3 53 06 09 2009 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office, Inc with its permission 007549 CERT NO 13544513 (NASH) Kathi Liddle 7/6/2012 7 26 27 AM Page 2 of 5 Page 1 of 4 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own. (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE' (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE (4) All reasonable expenses incurred by the "insured" at our request, including actual Toss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you - nor any other in- volved "insured" will make any settlement without our consent (c) We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit". (d) We will reimburse the "insured". (1) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE, Page 2 of 4 © 2009 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office, Inc with its permission CERT NO 13544513 (NASH) Kathi Liddle 7/6/2012 7 26 27 AM Page 3 of 5 CAT3530609 D co O� H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- - graph A.4.b., Loss Of Use Expenses, of SEC- = TION III — PHYSICAL DAMAGE COVERAGE and not in addition to such I. limit Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada (3) You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident" J. K. COMMERCIAL AUTO PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE. We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. • PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION 11I — PHYSICAL DAMAGE COVERAGE Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured", and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto'. No deductibles apply to this Personal Effects coverage AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE' Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only. a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty, and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to (a) You (if you are an individual), CA T3 53 06 09 © 2009 The Travelers Companies, Inc Includes the copyrighted material of Insurance Services Office, Inc with its permission. 007550 (541' NO 11544511 WARN( Kathi Liddle 7/6/2012 7 26 27 AM Paae 4 of 5 Page 3 of 4 COMMERCIAL AUTO (b) A partner (if you are a partnership), (c) A member (if you are a limited liability com- pany), (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization), or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2009 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office, Inc. with its permission CERT NO 13544513 (NASH) Kathi Liddle 7/6/2012 7 26 27 AM Page 5 of 5 CA T3 53 06 09 • Beecher Carlson Insurance Services 6 Cadillac Drive, Suite 320 Brentwood, TN 37027 City of Yakima 129 South Second Street Yakima WA 98901 MAIL DOCUMENT Certificate of Insurance Delivery by ecertsonline TM Sender: t (NASH) Kathi Liddle Ph901 615-277-9840 !,Subject Holding 25 C(05/10)aCertificate of Liability. SMS -Otte:/ 7/6/2012 No. of Pages: 6 ._URL:1 www.beechercarlson.com THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY, TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA REGULAR POSTAL SERVICE. © 2002 Certificate of Insurance Delivered by ecertsonline TM Insurance Visions, Inc. All rights reserved. MEMORANDUMII Exhibit "B" Date• May 9, 2012 PFC^ AA To• Michael A. Morales, Interim City Manager E!V f From. Colleen Bailey, Buyer I - Purchasing MAY 1 0 201Z Subject. RFP 11203-P Safety Ambassador, Cleaning, and Landscape Mai fAS$NG DIV. Services We are pleased to announce the proposal and evaluation process for selecting a vendor to provide Safety Ambassador, Cleaning, and Landscape Maintenance Services is complete. On April 8, 2012, Requests for Proposals were accepted from interested parties to provide the City with these services. Purchasing reviewed the Proposals for responsiveness to the RFP Reference checks were done. The proposal was then subjected to a scoring matrix, where they were judged in six different areas, worth a total of 170 points There were five voting committee members, for a total of 850 points possible. The Committee met on May 8, 2012 to finalize the scores and their decision of vendor. Proposals were received from the following. AAA Champion LLC Block by Block Committee for Downtown Yakima Senske Lawn and Tree Care Service Group Inc An evaluation committee was formed with the followmg individuals: Verlynn Best, President, Chamber of Commerce Mike Broadhead, President, Yakima Valley Bank Dave Brown, Water/Irrigation Manager, City of Yakima Greg Lybeck, Central WA State Fair Jeff Louman, PE President, Huibregtse Louman Associates Inc The committee members chose Block by Block (775 points, 155 average points) as the top scoring proposer, best meeting the requirements of the RFP. The committee is pleased to recommend Block by Block as the selected vendor. Please approve this Recommendation of Award, as outlined above for these services. Mprol: is Waarvick, Public Works Drrector Da e Michael A. Morales, Interim City Manager at BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13 For Meeting of: June 19, 2012 ITEM TITLE: SUBMITTED BY: CONTACT PERSON/TELEPHONE: Resolutions authorizing agreements with Block by Block (A) for the DYBID Safety Ambassador, Cleaning, and Landscape Maintenance Services, and (B) to Manage and Enforce parking in the downtown public lots. Chris Waarvick, Director of Public Works Sue Ownby, Purchasing Manager Chris Waarvick, Director of Public Works Yakima Public Works (509) 575-6005 SUMMARY EXPLANATION: The City of Yakima requires a Contractor to provide services for the City, properties and owners of businesses in the Parking Benefit Improvement Area (PBIA #1,) or otherwise known as the Downtown Yakima Business Improvement District (DYBID). The City also requires the services of a contractor to manage and enforce parking in the downtown public lots. The Purchasing Division advertised a Request for Proposals (Exhibit "A," RFP 11203P) which were received on April 8, 2012. Please see attached Memorandum with Recommendation of Award outlining the evaluation process (Exhibit "B"). The Contractor will provide services as specified in the RFP scope of work. Block by Block (BBB), a subsidiary business of SMS Holding Corporation of Nashville, Tennessee, is recommended to provide both the DYBID Clean and Safe Services and the Parking Management and Enforcement Services. Two separate contracts are provided herein for your approval. The Safety Ambassador, Cleaning, and Landscape Maintenance Services contract is based on four schedules; Cleaning Maintenance, Landscape Maintenance, Safety Ambassadors, and Additional Work. The program objectives include: providing a clean and safe environment for downtown Yakima; to support public safety by offering customer service orientation to pedestrians, convention visitors and business patrons by providing a highly visible downtown presence; to provide for a vibrant and colorful downtown with annual and perennial landscaping; and providing cleaning and graffiti abatement services. This Contract will be for $230,000 on an annualized basis. The resources for this contract come from the PBIA #1 assessments and direct City contributions ($50,000). BBB is also recommended to provide for downtown public parking lot management and enforcement. The City has replaced older "drop boxes" for parking payments with modern electronic equipment. A digital violation and citation management system has been instituted. Improved signage describing what the parking patron needs to do have also been installed. The cost for this contract is $27,825 on an annualized basis. The resources for this contract come from parking revenues Resolution X Ordinance Contract: X Contract Term: 7/1/12 - 6/30113 Insurance Required? Yes Other (specify) Exhibit "A" RFP 11203P; Exhibit "B" Letter of Recommendation of Award Mail to: Mydatt Services, Inc. dba Block by Block; Legal Dept.; 7135 Charlotte Pike, Ste. 100, Nashville, TN 37209 Amount: $2.30,000 and Expiration Date: 6/30/13 $27,825 w/extensions available Funding PBIA #1 assessments, direct City Source: contributions and Parking Fund Revenues APPROVED FOR SUBMITTAL: Phone: 502/634-6660 City Manager STAFF RECOMMENDATION: Staff respectfully requests that City Council adopt the attached resolutions authorizing the City Manager to execute two agreements with BBB for (A) DYBID Safety Ambassador, Cleaning and Landscape Maintenance Services, and (B) for Downtown Public Parking Management and Enforcernent. BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download E Resolution with Exhibit CI Exhibit B- Letter of Recommendation of Award Ell Agreement ❑ RFP 11203P Addendum No. 1 ❑ RFP 11203P Addendum No. 2 ❑ RfP 11203P ❑ Resolution with Exhibit ❑ Exhibit 8- Letter of Recommendation of Award ❑ Block by Block downtowrparking management final 6 2012 Cl Parking Facilities Map ❑I BBB Website Info ❑ Downtown Maintenance Cost 2011 to Projected 2013 March 22, 2012 City of Yakima/Yakima County Purchasing To Whom It May Concern - Subject: Bid No. 11203P Safety Ambassador, Cleaning and Landscape Maintenance Services for City of Yakima - Addendum No. 1 Per the discussion at the Pre -Bid Meeting of March 20, 2012, please note the following changes and/or clarifications to the bid document Safety • Clarified that physical action would not be required or desired. A call to Police is generally what is expected. Cleaning • Cleaning out the grates under the trees, cleanmg off graffiti from trees with eco -friendly product is mcluded • Number of trash receptacles is approximately 100, emptying the receptacles is required by the vendor, and city pays dumpster fee • Cleaning after special events downtown — Sponsor organization is expected to clean up but vendor may be asked to assist, and city does not preclude the vendor from negotiating payment from the sponsor organization. • Pressure washing; clarified to be done at begmnmg of season and as needed thereafter, i.e After special events, City pays cost of water, and dumpster fees, equipment provided by vendor • Snow removal being included include m your price for cleaning, snow removal which will be required on street corners and sidewalks around City owned parking lots, busmesses are responsible for the sidewalks on their storefront Landscape • Landscape Maintenance: Minor repairs to the irrigation system to be provided by vendor after fust discussmg with Public Works to decide approach City pays for materials if significant, vendor must turn on system to ensure proper working order at the beginning of season and check all planters and hanging baskets, and beds to ensure system is in proper workmg condition which includes adjusting spray heads as needed throughout the season, and at end of season city helps blow out system • Pruning: Vendor is required to perform pruning on the branches of small trees, but historically has not required significant maintenance due to the fact that they are columnar trees. 129 North Second Street • Yakima, WA 98901 a Phone 509-575-6093 • fax 509-576-6394 • Decorative lights m trees are maintamed by Streets Dept, however minor repairs and replacement of bulbs may be required of vendor — City provides replacement parts • Perennials in Planters, Baskets, and Flower Beds Vendor will be expected to separate and replant as needed to prevent over growth • Hanging Baskets. Vendor will be required to hang Baskets by Mother's Day per page 12, weekly deadheading, application of fertilizer and insecticide is vendor's responsibility; chemicals to be provided by the City • Mowing: there are small patches of lawn that will be required to be mowed by vendor, locations included but not limited to, and may be adjusted as needed. Millennium Plaza on 3rd St across from Capital Theater, park on SE corner of 2nd St and Yakima Ave., small patch on NE corner of 2nd St and Yakima Ave, patch on NW corner of Martin Luther Kmg Blvd and 2nd St, strip of lawn on 4th St behind the Federal Courthouse, and small area on Naches and A Street Areas Not Included. Performance Park on NW corner of 2n1 St and A St Seasonality • Season is generally early spring through fall, but open to discussion and scheduling • Cleaning — all year with minimum staffing during winter months • Landscape -- approximately 9 months • Safety Ambassador — late spring through early fall Personnel Qualifications • Personnel Qualifications: Starting on page 28, there was a question to clarify how City will be involved in approval of contractor's employees to be providing service under this contract The City will require a clean background check, E -verify is required, and City would prefer that Vendor submit a resume for lead employee(s) to be hired for this contract Parking Lot Enforcement • Clarification on parking lot enforcement please see enclosed map showing all City owned lots; (4) lots have pay park, (1) is a non -pay park, but all 5 lots will require cleaning If m the future parkmg lot enforcement and maintenance will be required m this contract, vendor will be required to be trained on the use of coin operated Cale Parking Meters, and a limited commission to enforce the parking code utilizing an automated ticket enforcement system which will be provided by the City • Striping will not be included in parking lots Additional Scope of Work Questions: • Landscape and Cleaning pricing Page 4 keep pricmg separate as listed on Proposal Form. • Industry Standard for wages. Question was asked to define industry standard for wages per paragraph II.H 1 on page 16, please refer to the most recent Bureau of Labor 129 North Second Street Yakima. WA 98901 Phone 509-575-6093 fax 509-576-6394 Statistics Wage Estimates http•//data.bls gov/cgi-bm/prmt pl/oes/current/oes 49420 htm If Prevailing Wage is higher, vendor will be required to pay Prevailing Wage • Question: Will Community and Economic Development Services be included since the ordinance may require this? Answer: The city understands that the ordinance discusses the downtown development, but this will not be mcluded m this proposal • Question: Who would the contractor ultimately report to at City? Answer: Chris Waarvick, Director of Public Works • Reporting requirements: Reportmg will be modeled after advisory committee expectations TBD At a minimum they will be monthly, detailing number of citizen assists, number of safety issues, number of graffiti removals, quantity of waste removed, budget summary, and schedule for reportmg will be established after award. • To clarify: On page 29, section IIV.A 15 regardmg time keeping, the specifications require automated time keeping. the City would be willing to accept a manual time keeping system as long as it is verifiable, and all records are retained dunng the term of contract or as required by law. • Question: Who is scoring the RFP? Answer: evaluation committee is TBD — Council • will advise a credible group of neutral people with no conflicts and ability to rate properly • Contractor will be required to participate with City in a Downtown Streetscape Inventory. Additional Questions submitted for response • Question: Page 11 #1 Safety Ambassadors you show 112 hours, just to clarify these are only the seasonal hours? Answer: Yes, this number is given as an approximate • Question: Is your "seasonal" expectations April 1' through October 3rt? Answer: See Seasonality • Question: The only Full -Time year round employee is the "Supervisor", is that assumption correct? Answer: Yes the City expects the Supervisor that oversees both Cleaning and Safety Ambassadors will be a full-time, year-round employee There may be a small number of part -tune employees during winter months to perform those tasks outlined in the specifications. • Question: Page 13, #6 Maintenance of automated meters, would the Contractor be responsible for parts and replacement of units? Answer: No the City is responsible for these parts • Question: What is the expected start date for services? Answer: Beginning of May to June range, depending on award date of this proposal • Safety Ambassador hours of operation Generally M -F l lam -7 pm The due date for RFP 11204 has been extended to Wednesday, April 4, 2012 @. 2:00 pm. If any RFP's have already been received they will be kept by the City Purchasing Division, unopened, and held for the new opening date All bid specifications and addenda can be viewed on our website at htt.://www.ci. akima.wa.us/services/.urchasino.enin+s/ 129 North Second Street • Yakima, WA 98901 Phone 509-575-6093 fax 509-576-6394 If you have any questions, please contact me at (509) 576-6787 or cbailey@ci yakima wa.us I apologize for any inconvenience this addendum may have caused you Sincerely, Colleen Bailey, Buyer Cc: Chris Waavick, file 129 North Second Street _ Yakima, WA 98901 - Phone 509-575-6093 fax 509-576-6394 - 'Pay" Downt % Lot 1 - 107 Spaces A SVN 2nd st Lot 2 - 185 Spaces Chestnut/5 2nd/3rd Strs Lot 4 - 39 Spaces N 1st SVA St Lot 5 - 50 Spaces Barrel House Free Parking I""1 Loth -18 Spaces S 2nd St N Street Parking No Parking — Two Hour N 111 One Hour OM Parking Analysis Focus Area CP (A (p City of Yakima/Yakima County Purchasing March 26, 2012 To Whom It May Concern Subject: Bid No. 11203P Safety Ambassador, Cleaning and Landscape Maintenance Services for City of Yakima - Addendum No. 2 Please note that Addendum No 1 had one typo in the RFP number "The due date for RFP 11201 11203 has been extended to Wednesday, April 4, 2012 @ 2:00 pm." If any RFP's have already been received they will be kept by the City Purchasing Division, unopened, and held for the new opening date All bid specifications and addenda can be viewed on our website at http://www.ci.yakima wa.us/services/purchasing/openings/. If you have any questions, please contact me at (509) 576-6787 or cbailey@ci.yakima wa us I apologize for any inconvenience this addendum may have caused you Sincerely, ° Colleen Bailey, Buyer I Cc- Chris Waavick, file 129 North Second Street • Yakima, WA 98901 = Phone 509-575-6093 • fax 509-576-6394