REQUEST FOR PROPOSALS TITLE: JANITORIAL SERVICES AND CUSTODIAL SERVICES – SURREY CITY CENTRE LIBRARY Reference No.: 1220-030-2011-012 MAINTENANCE FOR THE SUPPLY OF SERVICES RDO V 05 09 2011 RFP (Services) No. 1220-030-2011-012 REQUEST FOR PROPOSALS NOTICE TO JANITORIAL SERVICES CONTRACTORS Project Title: Janitorial Services and Custodial Maintenance Services– Surrey City Centre Library Project Number: 1220-030-2011-012 Location: 10350 University Boulevard, Surrey, British Columbia Description: The City of Surrey, (the “City”) invites your firm to submit a Proposal for professional Janitorial Services and Custodial Maintenance Services – Surrey City Centre Library, Request For Proposals (RFP) #1220-030-2011-012. The work includes the provision of all labour, tools, and equipment, to perform janitorial services and custodial maintenance services. General Components of Work include: The work generally involves the performance of daily Daytime Services, nightly Regular Cleaning Tasks of common areas, and office space, and “on-demand” Additional (Project Cleaning Tasks) Services. Proposal documents, any Addenda complete with schedules, floor plans, specifications and conditions of the Request For Proposals will be available for download from the City’s File Transfer Protocol website as follows: ftp://ftp.surrey.ca/ Log on: pur Password: welcome Locate folder #1220-030-2011-012 To view this FTP site in Windows Explorer, click Page, and then Open FTP Site in Windows Explorer. Addenda If the City determines that an amendment is required to this RFP, the City Representative will post a written addendum on the City FTP site that will form part of this RFP. No amendment of any kind to the RFP is effective unless it is posted in a formal written addendum on the City FTP site. Upon submitting a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the City FTP site. Inquiries All inquiries related to this RFP should be directed in writing to the person named below (the “City Representative”). Information obtained from any person or source other than the City Representative may not be relied upon. Acting Purchasing & AP Manager Address: City of Surrey – Purchasing 6645 – 148 Street Surrey, BC V3S 3C7 Fax: 604-599-0956 Telephone: 604-590-7274 Email: purchasing@surrey.ca Closing Date & Time Thursday, May 26, 2011 - 3:00 p.m. local time. Proposals will be evaluated in accordance with the evaluation factors listed in Section 4 of the RFP. The City reserves the right to accept or reject any or all Proposals submitted, waive minor irregularities in Proposals, request additional information or revisions to Proposals, and to negotiate with any or all Proponents. Any contract award will be to the Proponent that presents the Proposal that, in the opinion of the City of Surrey is the most advantageous to the City of Surrey, based on the evaluation criteria in Section 4. RFP (Services) No. 1220-030-2011-012 ii TABLE OF CONTENTS 1. INTRODUCTION .............................................................................................................................. 01 1.1 Purpose .................................................................................................................................... 01 1.2 Overview .................................................................................................................................. 01 1.3 Definitions ................................................................................................................................ 03 2. INSTRUCTIONS TO PROPONENTS .............................................................................................. 03 2.1 Closing Time and Address for Proposal Delivery .................................................................... 03 2.2 Information Meeting ................................................................................................................. 04 2.3 Number of Copies .................................................................................................................... 04 2.4 Late Proposals ......................................................................................................................... 04 2.5 Amendments to Proposals ....................................................................................................... 04 2.6 Inquiries .................................................................................................................................... 04 2.7 Addenda ................................................................................................................................... 05 2.8 Examination of Contract Documents and Site ......................................................................... 05 2.9 Opening of Proposals .............................................................................................................. 05 2.10 Status Inquiries ........................................................................................................................ 05 3. PROPOSAL SUBMISSION FORM AND CONTENTS .................................................................... 05 3.1 Package ................................................................................................................................... 05 3.2 Form of Proposal ..................................................................................................................... 06 3.3 Signature .................................................................................................................................. 06 4. EVALUATION AND SELECTION .................................................................................................... 06 4.1 Evaluation Team ...................................................................................................................... 06 4.2 Evaluation Criteria .................................................................................................................... 06 4.3 Discrepancies in Proponent’s Financial Proposal.................................................................... 07 4.4 Litigation ................................................................................................................................... 08 4.5 Additional Information .............................................................................................................. 08 4.6 Interviews ................................................................................................................................. 08 4.7 Multiple Preferred Proponents and Changes to the Proponent Team .................................... 08 4.8 Negotiation of Agreement and Award ...................................................................................... 09 5. GENERAL CONDITIONS ................................................................................................................ 10 5.1 No City Obligation .................................................................................................................... 10 5.2 Proponent’s Expenses ............................................................................................................. 10 5.3 No Contract .............................................................................................................................. 10 5.4 Conflict of Interest .................................................................................................................... 10 5.5 Solicitation of Council Members, City Staff and City Contractors ............................................ 10 5.6 Confidentiality........................................................................................................................... 10 5.7 Performance Security .............................................................................................................. 11 5.8 Fidelity Bond ............................................................................................................................ 11 SCHEDULE A – SCOPE OF SERVICES ................................................................................................... 12 A-1 Regular Cleaning Tasks........................................................................................................... 39 A-2 Project Specific Cleaning Tasks .............................................................................................. 39 A-3 Additional Services Cleaning Tasks ........................................................................................ 39 A-4 Basic Cleaning Performance Guidelines ................................................................................. 39 A-4-1 Green Cleaning Services Guidelines ....................................................................................... 39 A-5 Additional Services Performance Guidelines ........................................................................... 39 A-6 Floor Plan Illustrations ............................................................................................................. 39 SCHEDULE B – SAMPLE AGREEMENT .................................................................................................. 40 SCHEDULE C – FORM OF PROPOSAL ................................................................................................... 63 C-1 Statement of Departures .......................................................................................................... 66 C-2 Proponent’s Experience, Reputation and Resources .............................................................. 68 C-3 Proponent’s Technical Proposal (Project Services)................................................................. 72 C-4 Time Schedule ......................................................................................................................... 76 C-5 Proponent’s Financial Proposal ............................................................................................... 77 RFP (Services) No. 1220-030-2011-012 iii REQUEST FOR PROPOSALS 1. INTRODUCTION 1.1 Purpose The purpose of this Request for Proposals (the “RFP”) is to invite qualified Proponents to prepare and submit competitive Proposals for the supply of janitorial and custodial maintenance services to the City of Surrey for the new approximately 77,000 sq. ft. City Centre Library (the “Facility”) (owned and leased). Janitorial and custodial services, which include regular, and project specific (optional) cleaning tasks specified in Schedules A through A-6 (Incl.) (the “Services”). The Proponents should submit information pertaining to their ability to perform the specified services in a reliable, practical, cost effective manner, while maintaining the highest standards regardless of the day or time. The City has specified its requirements for Janitorial Services and Custodial Maintenance services in this RFP. The Proponent’s Proposal shall meet such requirements. Note: A portion of the fourth floor has be leased to Simon Fraser University. 1.2 Overview The following is a brief description of the facility: Surrey’s new City Centre Library, is located at 10350 University Drive, Surrey, British Columbia. The City Centre library is approximately 77,000 sq. ft. scheduled to open summer of 2011. The City Centre Library will be a unique state-of-the-art environmentally friendly landmark that provides access to the broadest range of information, learning opportunities, and diverse cultural experiences. The new City Centre Library will be: The centrepiece for Surrey’s City Centre; adorned in architectural excellence for the 21st century, the library will contribute to the vitality of the City and put Surrey in a class with other great cities. A foundation for the City’s future success by boosting economic and cultural activity and attracting visitors from all parts of the country. A source of pride and a great public space, where the community gathers to celebrate, reflect, connect and share information, knowledge, and culture. A trusted centre that inspires learning and knowledge exchange, empowers people and encourages open dialogue. City Centre Library will be a critical anchor that will set the stage for the future development and transformation of downtown Surrey. It is to be part of a new civic precinct that will include a city hall, public plaza and other civic facilities such as a RFP (Services) No. 1220-030-2011-012 01 performing arts centre. Designed to LEED standards the library will be a world class facility that will establish Surrey City Centre as Metro Vancouver’s second great downtown. The following is a brief description of the facility: Floor plans First floor - Welcome desk (get a library card, accounts, etc.) - New book display area - Outreach services for the visually impaired - Children's section - Coffee shop - Large community multipurpose room (capacity 120 people) Second floor - World languages collection - Study and reading spaces - Four small group study rooms/ consultation rooms - Meditation room - Adult fiction collection - Electronic classroom (computer training) with 14 computers Third floor - Living room reading lounge - Quiet and silent study areas - Non-fiction collection - Teen lounge and gaming area - Two small study/consultation rooms - Multi-purpose room - Ask us information services and help with research Fourth floor (Long-term plans) - Genealogy library - Continuation of the non-fiction collection - Literacy centre - Additional community meeting spaces (three classrooms initially being used by Simon Fraser University continuing studies program) RFP (Services) No. 1220-030-2011-012 02 1.3 Definitions In this RFP the following definitions shall apply: “City” means the City of Surrey; “City Representative” has the meaning set out in section 2.6; “City Website” means www.surrey.ca; “Closing Time” has the meaning set out in section 2.1; “Contract” means a formal written contract between the City and a Preferred Proponent to undertake the Services, the preferred form of which is attached as Schedule B; “Evaluation Team” means the team appointed by the City; "Facility” means the Surrey City Centre Library, 10350 University Boulevard, Surrey, British Columbia; “Information Meeting” has the meaning set out in section 2.2; “Preferred Proponent(s)” means the Proponent(s) selected by the Evaluation Team to enter into negotiations for a Contract; “Proponent” means an entity that submits a Proposal; “Proposal” means a proposal submitted in response to this RFP; “RFP” means this Request for Proposals; “Services” has the meaning set out in Schedules A through A-2; “Site” means the place or places where the Services are to be performed; and “Statement of Departures” means Schedule C-1 to the form of Proposal attached as Schedule C. 2. INSTRUCTIONS TO PROPONENTS 2.1 Closing Time and Address for Proposal Delivery Proposals must be received by the office of the: Acting Purchasing & AP Manager Address: City of Surrey – Purchasing Section 6645 – 148 Street Surrey, B.C. V3S 3C7 Fax: E-mail for PDF Files: 604-599-0956 purchasing@surrey.ca on or before the following date and time (the “Closing Time”): Time: 3:00 p.m. [local time] Date: Thursday, May 26, 2011 RFP (Services) No. 1220-030-2011-012 03 2.2 Information Meeting An information meeting may be hosted by the City Representative to discuss the City’s requirements under this RFP (the “Information Meeting”). While attendance is at the discretion of Proponents, Proponents who do not attend will be deemed to have attended the Information Meeting and to have received all of the information given at the Information Meeting. At the time of issuance of this RFP a meeting has not been scheduled. 2.3 Number of Copies Faxed or emailed PDF Proposals are permitted, but a Proponent bears all risk that the City's fax equipment functions properly so that the City receives the Proposal on time. If the Proponent prefers to submit a hard copy, the Proponent should submit the original unbound and three copies (four in total). 2.4 Late Proposals Proposals received after the Closing Time will not be accepted or considered. Delays caused by any delivery, courier or mail service(s) will not be grounds for an extension of the Closing Time. 2.5 Amendments to Proposals Proposals may be revised by written amendment, delivered to the location set out above, at any time before the Closing Time but not after. An amendment must be signed by an authorized signatory of the Proponent in the same manner as provided by section 3.3. Fax amendments are permitted, but such fax may show only the change to the proposal price(s) and in no event disclose the actual proposal price(s). A Proponent bears all risk that the City’s fax equipment functions properly so as to facilitate timely delivery of any fax amendment. 2.6 Inquiries All inquiries related to this RFP should be directed in writing to the person named below (the “City Representative”). Information obtained from any person or source other than the City Representative may not be relied upon. Acting Purchasing & AP Manager Address: City of Surrey – Purchasing 6645 – 148 Street Surrey, B.C. V3S 3C7 Fax: Telephone: Email: RFP (Services) No. 1220-030-2011-012 604-599-0956 604-590-7274 purchasing@surrey.ca 04 Inquiries should be made no later than 7 days before Closing Time. The City reserves the right not to respond to inquiries made within 7 days of the Closing Time. Inquiries and responses will be recorded and may be distributed to all Proponents at the discretion of the City. Proponents finding discrepancies or omissions in the Contract or RFP, or having doubts as to the meaning or intent of any provision, should immediately notify the City Representative. If the City determines that an amendment is required to this RFP, the City Representative will issue an addendum in accordance with section 2.7. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Proponent. 2.7 Addenda If the City determines that an amendment is required to this RFP, the City Representative will post a written addendum on the City website (www.surrey.ca) that will form part of this RFP. No amendment of any kind to the RFP is effective unless it is posted in a formal written addendum on the City website. Upon submitting a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the City website 2.8 Examination of Contract Documents and Site Proponents will be deemed to have carefully examined the RFP, including all attached Schedules, the Contract and the Site (as applicable) prior to preparing and submitting a Proposal with respect to any and all facts which may influence a Proposal. 2.9 Opening of Proposals The City intends to open Proposals in private but reserves the right to open Proposals in public at its sole discretion. 2.10 Status Inquiries All inquiries related to the status of this RFP, including whether or not a Contract has been awarded, should be directed to the City Website and not to the City Representative. 3. PROPOSAL SUBMISSION FORM AND CONTENTS 3.1 Package Proposals should be in a sealed package, marked on the outside with the Proponent's name, title of the Project and reference number. RFP (Services) No. 1220-030-2011-012 05 3.2 Form of Proposal Proponents should complete the form of Proposal attached as Schedule C, including Schedules C-1 to C-5. Proponents are encouraged to respond to the items listed in Schedules C-1 to C-5 in the order listed. Proponents are encouraged to use the forms provided and attach additional pages as necessary. 3.3 Signature The legal name of the person or firm submitting the Proposal should be inserted in Schedule C. The Proposal should be signed by a person authorized to sign on behalf of the Proponent and include the following: (a) If the Proponent is a corporation then the full name of the corporation should be included, together with the names of authorized signatories. The Proposal should be executed by all of the authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the Proposal on behalf of the corporation is submitted. (b) If the Proponent is a partnership or joint venture then the name of the partnership or joint venture and the name of each partner or joint venturer should be included, and each partner or joint venturer should sign personally (or, if one or more person(s) have signing authority for the partnership or joint venture, the partnership or joint venture should provide evidence to the satisfaction of the City that the person(s) signing have signing authority for the partnership or joint venture). If a partner or joint venturer is a corporation then such corporation should sign as indicated in subsection (a) above. (c) If the Proponent is an individual, including a sole proprietorship, the name of the individual should be included. 4. EVALUATION AND SELECTION 4.1 Evaluation Team The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The Evaluation Team may consult with others including City staff members, third party contractors and references, as the Evaluation Team may in its discretion decide is required. The Evaluation Team will give a written recommendation for the selection of a Preferred Proponent or Preferred Proponents to the City. 4.2 Evaluation Criteria The Evaluation Team will compare and evaluate all Proposals to determine the Proponent's strength and ability to provide the Services in order to determine the Proposal which is most advantageous to the City (including best value based on quality, service and price), using the following criteria: RFP (Services) No. 1220-030-2011-012 06 (a) Experience, Reputation and Resources The Evaluation Team will consider the Proponent's responses to items (i) to (iv) in Schedule C-2, including any supplementary information. (b) Technical The Evaluation Team will consider the Proponent's responses to Schedule C-4 and items (i) to (x) in Schedule C-3, including any supplementary information. The ability of the Proponent to undertake the services to the quality standards required by the service protocols and specifications and the other terms of the project agreement including but not limited to: (a) the structure of, and ability of the Proponent to deliver on, the services and requirements; (b) the Proponent’s approach to, and organization of the delivery of the Services over the Term; (c) the level of commitment and nature of statements of support to be provided by the Proponent; and, (d) the extent to which variations are proposed in the terms of the final project services and agreement. (c) Financial The Evaluation Team will consider the Proponent's response to Schedule C-5. The financial advantages of the Proposal including, but not limited to: (a) (d) the Proposal’s affordability in comparison to the affordability requirements set out in the RFP. Statement of Departures The Evaluation Team will consider the Proponent's response to Schedule C-1. The Evaluation Team will not be limited to the criteria referred to above, and the Evaluation Team may consider other criteria that the team identifies as relevant during the evaluation process. The Evaluation Team may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one Proponent's Proposal to another Proponent's Proposal. All criteria considered will be applied evenly and fairly to all Proposals. 4.3 Discrepancies in Proponent's Financial Proposal If there are any obvious discrepancies, errors or omissions in C-5 of a Proposal (Proponent's Financial Proposal), then the City shall be entitled to make obvious corrections, but only if, and to the extent, the corrections are apparent from the Proposal as submitted, and in particular: RFP (Services) No. 1220-030-2011-012 07 4.4 (a) if there is a discrepancy between a unit price and the extended total, then the unit prices shall be deemed to be correct, and corresponding corrections will be made to the extended totals; (b) if a unit price has been given but the corresponding extended total has been omitted, then the extended total will be calculated from the unit price and the estimated quantity; (c) if an extended total has been given but the corresponding unit price has been omitted, then the unit price will be calculated from the extended total and the estimated quantity. Litigation In addition to any other provision of this RFP, the City may, in its absolute discretion, reject a Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is or has been engaged directly or indirectly in a legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. In determining whether or not to reject a Proposal under this section, the City will consider whether the litigation is likely to affect the Proponent’s ability to work with the City, its contractors and representatives and whether the City’s experience with the Proponent indicates that there is a risk the City will incur increased staff and legal costs in the administration of the Contract if it is awarded to the Proponent. 4.5 Additional Information The Evaluation Team may, at its discretion, request clarifications or additional information from a Proponent with respect to any Proposal, and the Evaluation Team may make such requests only to selected Proponents. The Evaluation Team may consider such clarifications or additional information in evaluating a Proposal. 4.6 Interviews The Evaluation Team may, at its discretion, invite some or all of the Proponents to appear before the Evaluation Team to provide clarifications of their Proposals. In such event, the Evaluation Team will be entitled to consider the answers received in evaluating Proposals. 4.7 Multiple Preferred Proponents The City reserves the right and discretion to divide up the Services, either by scope, geographic area, or other basis as the City may decide, and to select one or more Preferred Proponents to enter into discussions with the City for one or more Contracts to perform a portion or portions of the Services. If the City exercises its discretion to divide up the Services, the City will do so reasonably having regard for the RFP and the basis of Proposals. RFP (Services) No. 1220-030-2011-012 08 In addition to any other provision of this RFP, Proposals may be evaluated on the basis of advantages and disadvantages to the City that might result or be achieved from the City dividing up the Services and entering into one or more Contracts with one or more Proponents. 4.8 Negotiation of Contract and Award If the City selects a Preferred Proponent or Preferred Proponents, then it may: (a) enter into a Contract with the Preferred Proponent(s); or (b) enter into discussions with the Preferred Proponent(s) to attempt to finalize the terms of the Contract(s), including financial terms, and such discussions may include: (c) (1) clarification of any outstanding issues arising from the Preferred Proponent's Proposal; (2) negotiation of amendments to the departures to the draft Contract, if any, proposed by the Preferred Proponent as set in Schedule C-1 to the Preferred Proponent's Proposal; and (3) negotiation of amendments to the Preferred Proponent's price(s) as set out in Schedule C-5 to the Preferred Proponent's Proposal and/or scope of Services if: (A) the Preferred Proponent's financial Proposal exceeds the City's approved budget, or (B) the City reasonably concludes the Preferred Proponent's financial proposal includes a price(s) that is unbalanced, or (C) a knowledgeable third party would judge that the Preferred Proponent's price(s) materially exceed a fair market price(s) for services similar to the Services offered by the Preferred Proponent as described in the Preferred Proponent's Proposal; or if at any time the City reasonably forms the opinion that a mutually acceptable agreement is not likely to be reached within a reasonable time, give the Preferred Proponent(s) written notice to terminate discussions, in which event the City may then either open discussions with another Proponent or terminate this RFP and retain or obtain the Services in some other manner. RFP (Services) No. 1220-030-2011-012 09 5. GENERAL CONDITIONS 5.1 No City Obligation This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete right to at any time reject all Proposals, and to terminate this RFP process. 5.2 Proponent’s Expenses Proponents are solely responsible for their own expenses in preparing, and submitting Proposals, and for any meetings, negotiations or discussions with the City or its representatives and contractors, relating to or arising from this RFP. The City and its representatives, agents, contractors and advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising out of this RFP. 5.3 No Contract By submitting a Proposal and participating in the process as outlined in this RFP, Proponents expressly agree that no contract of any kind is formed under, or arises from, this RFP, prior to the signing of a formal written Contract. 5.4 Conflict of Interest A Proponent shall disclose in its Proposal any actual or potential conflicts of interest and existing business relationships it may have with the City, its elected or appointed officials or employees. The City may rely on such disclosure. 5.5 Solicitation of Council Members, City Staff and City Consultants Proponents and their agents will not contact any member of the City Council, City staff or City consultants with respect to this RFP, other than the City Representative named in section 2.6, at any time prior to the award of a contract or the cancellation of this RFP. 5.6 Confidentiality All submissions become the property of the City and will not be returned to the Proponent. All submissions will be held in confidence by the City unless otherwise required by law. Proponents should be aware the City is a “public body” defined by and subject to the Freedom of Information and Protection of Privacy Act of British Columbia. RFP (Services) No. 1220-030-2011-012 10 5.7 Performance Security Proponents should review the performance security requirements for the Contract set out in Section 16 of Schedule B – Form of Agreement. Proponents are to submit with their Proposal a letter from their financial institution confirming that the financial institution will issue a letter of credit in the amount of $50,000 in favour of the City if the Proponent is selected to enter into a Contract with the City. 5.8 Fidelity Bond Proponents should review the fidelity bond requirements in Section 7.3(d) of Schedule B Form of Agreement. Proponents are to submit with their Proposal a letter from their insurer or insurance broker confirming that they will be able to provide the required fidelity bond if selected to enter into a Contract with the City. RFP (Services) No. 1220-030-2011-012 11 SCHEDULE A SCOPE OF SERVICES JANITORIAL SERVICES AND CUSTODIAL MAINTENANCE SURREY CITY CENTRE LIBRARY RFP (Services) No. 1220-030-2011-012 12 SCHEDULE A – SCOPE OF SERVICES PROFESSIONAL SERVICES FOR PROVISION OF CUSTODIAL MAINTENANCE AND JANITORIAL SERVICES – CITY CENTRE LIBRARY Project Reference No.: 1220-030-2011-012 TABLE OF CONTENTS SECTION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. DESCRIPTION OF SCOPE OF SERVICES REQUIRED .............................................................. 13 PROJECT DELIVERABLES .......................................................................................................... 16 PROJECT TIMELINE ..................................................................................................................... 16 QUALIFICATIONS OF CONTRACTOR AND CONTRACTOR’S CLEANING STAFF .................. 16 CONTRACT SERVICES ................................................................................................................ 18 GENERAL CLEANING GUIDELINES ............................................................................................ 20 ENVIRONMENTALLY PREFERABLE CLEANING PRACTICES .................................................. 21 CITY’S GREEN CLEANING PROGRAM ....................................................................................... 21 FURTHER INFORMATION ............................................................................................................ 22 LABOUR, EQUIPMENT, CLEANING SUPPLIES & CONSUMABLES .......................................... 23 WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEMS (WHMIS) ......................... 25 GENERAL DUTIES AND OBLIGATIONS ...................................................................................... 25 IDENTIFICATION BADGES AND UNIFORMS .............................................................................. 27 INCLEMENT WEATHER................................................................................................................ 27 CONTRACTOR’S REPORTING METHOD (EMERGENCIES) ..................................................... 27 CONTRACTOR REPORTS............................................................................................................ 27 CITY’S REPORTING METHOD ..................................................................................................... 28 RESPONSES AND CALLOUTS .................................................................................................... 29 STORAGE ...................................................................................................................................... 29 MAINTENANCE OF STORAGE ROOM(S) ................................................................................... 29 ALARM SYSTEMS AND BUILDING SECURITY ........................................................................... 30 HEALTH, SAFETY AND PROTECTION ........................................................................................ 31 FIRE PRECAUTIONS .................................................................................................................... 32 PROBATIONARY PERIOD ............................................................................................................ 32 PERFORMANCE AND INSPECTIONS ......................................................................................... 32 UNSATISFACTORY PERFORMANCE ......................................................................................... 33 ORDERING AND DELIVERIES OF CLEANING PRODUCTS AND CONSUMABLES ................. 34 EXTERIOR AREAS ........................................................................................................................ 34 REPORTS ...................................................................................................................................... 34 LOST AND FOUND ........................................................................................................................ 34 CRIMINAL BACKGROUND CHECK .............................................................................................. 35 TELEPHONE USAGE .................................................................................................................... 35 WASTE MANAGEMENT ................................................................................................................ 35 DAMAGES TO FINISHES AND APPURTENANCES .................................................................... 36 COMMUNICATIONS ...................................................................................................................... 36 UNOCCUPIED SPACE .................................................................................................................. 37 ATTENDANCE ............................................................................................................................... 37 SERVICE GUARANTEES .............................................................................................................. 37 CONDUCT ..................................................................................................................................... 38 1. 1.1 DESCRIPTION OF SCOPE OF SERVICES REQUIRED The purpose of this Request for Proposals (the “RFP”) is to invite qualified Proponents to prepare and submit competitive Proposals for the supply of janitorial and custodial maintenance services to the City of Surrey for the new approximately 77,000 sq. ft. City Centre Library (the “Facility”) (mixed use public library and leased educational). 1.2 Note: A portion of the fourth floor has been leased to Simon Fraser University Surrey Campus in Central City to accommodate classes. RFP (Services) No. 1220-030-2011-012 13 1.3 The Contractor will also be providing janitorial services and custodial maintenance services to this leased area. The Contractor must adjust its cleaning schedule to accommodate dates and times of classes (semester by semester). Class hours are subject to change on short notice. The Contractor is required to communicate with Simon Fraser University staff to confirm all dates and times of classes, and the times class and administration space will be available for cleaning. General cleaning requirements are defined within the cleaning task schedules as set out below: The Services and frequencies set out below are intended to be the minimum acceptable standards. 1.4 The following cleaning task schedules and guidelines are included as part of this RFP. JANITORIAL SERVICES AND CUSTODIAL MAINTENANCE – SURREY CITY CENTRE LIBRARY - CONTRACT 1220-040-2011-012 CLEANING TASK SCHEDULE INDEX SCHEDULE TASK SCHEDULE TITLE SHEET NO. DATE No.: SURREY CITY CENTRE LIBRARY, SURREY, BC A-1 Regular Cleaning Tasks 1 04/20/2011 A-2 Project Specific Cleaning Tasks 1 04/20/2011 A-3 Additional Services Cleaning Tasks 1 04/20/2011 A-4 Regular Cleaning Performance Guidelines Green Cleaning Services Program 1 04/20/2011 1 05/09/2011 Additional Guidelines 1 04/20/2011 A-4-1 A-5 Services Performance 1.5 Schedules A-1 through A-5 articulate required service frequencies and standards as well as specific, unique requirements for this Facility or area which may be above and beyond the general standards. In addition, there are some unique cleaning requirements which may exceed and supplement these general standards due to the nature of the building, and the building occupants. Those site-specific cleaning requirements are defined in Schedule A-2. It is the intent that this Facility(ies) be maintained at a high standard of cleanliness. These schedules and guidelines are established as minimums. All items not specifically included but found to be necessary to properly clean the building(s), shall be included as though written into this Scope of Services. 1.6 Regular Cleaning and Additional (Project) Services:The minimum required frequency for each task is defined in the specific task schedules. Regular means cleaning tasks that occur in the range of multiple times per day to weekly. Project (Additional Services) means cleaning tasks that occur less frequently and are done at intervals such as monthly, quarterly, semi-annually or annually. RFP (Services) No. 1220-030-2011-012 14 1.7 Project (Additional Services) tasks required advanced scheduling with the Facility. This assures that the building occupants and tenant will have ample time to prepare for the service. It also give the building occupants and tenant the opportunity to identify any particular problem areas that should be addressed. The Contractor is required to submit, in advance, a written schedule showing the exact date of all monthly, quarterly, semi-annual and annual work to the Department Representative. 1.8 Project (Additional Services) tasks must be logged into the project task cleaning book as they are completed and signed off by the Department Representative verifying their satisfactory completion. The Contractor must receive prior approval before commencing any Project (Additional Services). The log book is to provided at the expense of the Contractor. 1.9 Unless otherwise noted, Project (Additional Services) tasks shall be completed after normal working hours. It is anticipated that additional services may be required as set out in Schedule A3. The City therefore reserves the right to negotiate Additional Services with the Contractor. Note: The City may negotiate for additional locations/services. The Contractor understands that the City reserves the right to reject any or all offers received for Additional Services and to obtain these Additional Services from other sources. 1.10 The Contractor shall provide a dedicated core of individuals for this Facility that have the special training requirements need for this Facility. 1.11 The following floor plans are included as part of this RFP (Schedule A-6). JANITORIAL SERVICES AND CUSTODIAL MAINTENANCE – SURREY CITY CENTRE LIBRARY - CONTRACT 1220-040-2011-012 FLOOR PLAN INDEX DRAWING NO. FLOOR PLAN TITLE SHEET NO. DATE SURREY CITY CENTRE LIBRARY, SURREY, BC BING THOM ARCHITECTS A-201C Ground Floor 1 07/31/10 1.12 1.13 1.14 A-202C Second Floor 1 07/31/10 A-203C Third Floor 1 07/31/10 A-204C Fourth Floor 1 07/31/10 Only employees of the Contractor specifically assigned to perform the Services will be allowed to enter the Facility. Where required by the City, the Contractor will ensure that all contractors, suppliers and service representatives requested by the Contractor that enter the Facility, report to the City’s Security Services Contractor on-site, so that the Department Representative will be aware of who is on the site and the purpose and duration of the visit. The Contractor will comply with all of the City’s policies relating to building keys and card access systems and will be held responsible for any loss of security due to the misuse or loss of keys and/or access cards. The Contractor must provide a direct support representative(s) that the City can contact. We do not want to have to be on hold with a call centre or go through a complex phone menu to reach a support representative. The Contractor must provide continuous and uninterrupted Services in accordance with the Service standards, requirements, terms and conditions of the Contract. Such Services will be performed to the standard of care, skill and diligence maintained by persons providing the highest commercial standards, for similar services. Should any RFP (Services) No. 1220-030-2011-012 15 1.15 1.16 2. 2.1 2.2 Services or materials be required for the proper performance of the Services which are not expressly or completely described in the RFP and are reasonably associated with or necessary for the proper and timely performance and provision of the Services, then such Services or materials will be deemed to be implied and required by the RFP and the Contractor will furnish them as if they were specifically described in the RFP as part of the Services. In providing the Services, as described in Schedule A the Contractor is to at all times meet or exceed the standards of the industry, the standards and guidelines described in this RFP and the Service levels and quality standards provided by the service model(s) currently in place at each of the Facilities. The City will have the right at any time throughout the term to revise such Service standards by change order and the Contractor will promptly make all required adjustments to its operations to accommodate such revised Service standards. All Services will be provided to the complete satisfaction of the City and will be conducted in such a manner as not to interrupt or interfere with the Facility’s operations The Contractor will, if necessary in writing from the City, extend the same hourly rate(s), and the terms and conditions to any existing or future City facilities. PROJECT DELIVERABLES The submissions should provide the City with evidence that the team has the expertise and experience to deliver a high quality LEED Certified or LEED shadowed green cleaning program. Other experience and expertise that will be considered an asset: Project management plan (techniques, approaches and methods); Administrative controls, plans and processes to monitor and assure contract compliance; Productivity improvements and cost reductions; Service Performance Standards & Quality Assurance Plan; Commitment to improvement around environmental health, energy use, etc.; Risk Management Plan; Green Cleaning Program; 3. PROJECT TIMELINE 3.1 The City of Surrey has scheduled the opening of the City Centre Library to take place July 04, 2011 (soft opening – move in of furnishings and equipment). It is expected that minimal cleaning will be required. The Contractor will be required to provide limited services to maintain clean-up during the soft opening. We expect that the opening to the general public will commence around mid-August, 2011. The Contractor will be required to commence full cleaning requirements at that time. There is the possibility that these dates may change, depending on final building construction and move in of furnishing and equipment. 4. QUALIFICATIONS OF CONTRACTOR AND CONTRACTOR’S CLEANING STAFF (Knowledge, Abilities and Skills) 4.1 Contractor: (a) five (5) years of experience providing the janitorial services and custodial maintenance services to Class A buildings; (b) demonstrated structure and strategy for meeting services requirements in a timely/responsive fashion; (c) excellent customer service skills as there is the expectation that there will be liaison with the public as your staff may be answering directional queries; RFP (Services) No. 1220-030-2011-012 16 4.2 (d) knowledge of modern materials cleaning techniques, sequences and practices. Services will be performed by the Contractor’s cleaning staff who have graduated from a recognized technical or vocational institute, in a building service worker program and well trained in cleaning, basic sanitation, safety and blood borne pathogens procedures; (e) knowledge of City policies, regulations and procedures used in the use of the City facility; (f) knowledge of public relations principles and techniques; (g) knowledge of supervisory principles and practices; and (h) ability to supervise subordinates in a manner conclusive to full performance and high morale. Cleaning Staff: All cleaning personnel will be expected to learn requirements, guidelines, orders and instructions that govern the performance of janitorial services and custodial maintenance services in general and to their respective workplace locations in particular. Information items include, but not limited to: (a) (b) (c) (d) (e) general cleaning orders as presented by the Department Representative; standing cleaning order as presented by the Department Representative; proper training in dealing with infectious waste and blood borne pathogens; portable fire extinguisher training; and emergency procedures. 4.3 Additionally, the Contractor is to use only experienced, trained and bonded cleaning personnel in the performance of the cleaning services. 4.4 The Contractor is to ensure that all assigned cleaning staff will have completed in house training and or certification programs equivalent to building service worker programs offered by approved technical or vocational institutions. 4.5 All cleaning staff should have certificates of graduation. 4.6 No reimbursement will be provided for salaries, travel or any other expense incurred for training. 4.7 Not have any criminal background. 4.8 Display an alert, professional and authoritative demeanour and convey trustworthiness and competence. 4.9 Be proficient and dependable at carrying out their responsibilities. 4.10 Be adaptive to changing needs of the City. 4.11 Physical Qualifications: Must be fully capable of performing duties requiring arduous physical exertion, including emergency situations. 4.12 All cleaning personnel proposed are to be physically, emotionally and intellectually capable of performing various cleaning situations, including but not limited to infectious waste and blood borne pathogens. 4.13 The City reserves the right that the selected Proponent reassign any cleaning staff whom, in the judgement of the City, are unqualified or unsuitable to perform the required cleaning services without justification. RFP (Services) No. 1220-030-2011-012 17 4.14 The adequacy of these determinations will form a part of the RFP evaluation process. It is anticipated that the Proponent will be able to create an integrated response to the cleaning needs of the City facility identified and that this will be reflected in the Proponents response. 4.15 The City reserves the right to request replacement of any cleaning staff or supervisor deemed to be unacceptable due to, but not limited to, conduct, appearance, or lack of experience at any time during the term of the contracted services. The Contractor will be required to have the capacity to provide additional resources on an “as, if and when requested” basis. 5. CONTRACT SERVICES 5.1 The City requires Contract Services generally consisting of: (a) Daytime Cleaning Services; and (b) Regular Cleaning Task Services (Daily, Weekly, Monthly, cleaning tasks); 5.2 Unless otherwise agreed to in writing by the City, the Contractor is to maintain the schedule (the “Time Schedule”) as set out below, or as agreed to by the City and the Contractor: 5.3 Role and Responsibilities of the Daytime Cleaning Services Personnel: Daytime Services (One cleaning staff only) shall be performed Monday through Friday with work hours 1:00 p.m. through 9:00 p.m; Saturday and Sunday with work hours 1:00 p.m. to 5:00 p.m. Work schedules are not subject to change without the prior written approval of the Department Representative, or, designate. The purpose of this position is to address minor performance work requirements (daytime cleaning tasks) to ensure that the facility is maintained at an acceptable level of appearance and cleanliness. It is not the intention that this position be used to carry out the primary responsibilities of the cleaning task schedules. During the course of the day, the daytime person will be expected to carry out the following variety of services. It is not the intention that daytime services are to be used to carry out the primary responsibilities of the regular cleaning task requirements The following work listed shall be performed where and when necessary or as requested by the City. (a) Washrooms (WC) and Shower Areas Location Main floor 2nd. floor 3rd. floor 4th floor Toilets 8 6 6 5 Urinals 2 1 1 1 Sinks 10 7 7 4 Showers 0 1 0 0 Washrooms and Showers are to be attended to according to the following performance standards: Counters and Sinks: - spray entire surface of all counters, cabinets, and sinks with a non-abrasive cleaning solution. - use only abrasive powder or pad only when necessary to remove stains; - rinse with clean water and damp wipe to remove the excess water; and, - shine with dry cloth. RFP (Services) No. 1220-030-2011-012 18 Dispensers: - Seat cover dispensers – if dispenser is less than one-fourth full, fill unit with a fresh supply of seat covers. Remove one seat cover to check for proper operation. - Toilet paper dispensers – check each dispenser to see if it needs a roll of paper. In double roll units, let the partial roll be completely used before replacing the roll. Make sure the paper dispenses from the top of the roll freely. - Paper Towel dispenser – check to see if unit needs towels. Refill paper towels. Be sure that towels are installed properly. Remove one or two towels to make sure that they feed properly. - Soap dispensers – if the dispenser is less than one-fourth full, fill the dispenser with liquid soap. Dispense soap into hand to check that it is functioning properly. Floors: - Immediately – spills or water on the floor will be removed immediately. - Light Cleaning (twice during shift) – mop floors to remove spots and spills with a sanitizing solution suitable for use in high traffic public restrooms. Mirrors: - spray mirrors with cleaner and wipe dry. Sanitary product receptacle: - Empty and detail clean feminine hygiene product receptacle. Toilets: - during shift, wash toilet bowls with a brush that is specifically designed for cleaning toilet bowls. Dip brush in a cleaning solution and clean the entire centre area of the bowl, including under the flush rim. Clean all surfaces to include seat, exterior and exposed plumbing. Urinals: - during shift, wash urinals with a brush that is specifically designed for cleaning urinals. Dip brush in a cleaning solution and clean the entire centre area of the urinal, including under the rim. Clean up of all body fluid spills of urine, feces, blood and vomit, including disinfection steps; Spot clean (mop / sweep) muddy or wet areas; Waste and Recycling Cans: - during shift, empty trash from waste and recycling cans. Replace trash bags and wipe exterior of cans to remove stains, visible soil and spills, as needed. Notify the City Representative of light bulbs and tubes that may have burned out; Clean all conference rooms/meeting rooms, after they have been used during the day to ensure that they are ready for re-use; Keep the main entrance areas to the building clean at all times including emptying ashtrays; Clean all corridors and utility areas daily; Ensure that all stairwell areas are cleaned daily; Perform such other general cleaning, as time may permit, or as directed by the City; Replenish cleaning products and consumables in janitorial storage areas; report any maintenance and/or repairs required [for example soap, paper towel dispensers, urinals, toilets, door/partition hardware, etc.]. RFP (Services) No. 1220-030-2011-012 19 Showers: - Clean shower areas thoroughly including shower recesses, glass, bench tops, hand basins, wall mirrors, piping and seating, etc. (b) Floor Maintenance Special Instructions: No alkaline soaps, coarse scouring powders, coarse paste cleaners, solvents, paraffin, white spirits, gas and the like are to be used. Clean foyers, corridors, public waiting areas in front of counters along Civic Street, and executive areas [remove spillage and litter], kitchen areas [floors only]; - Wet mop Internal and External entrance and lobbies; and, - Exterior paths to be swept. (c) Meeting and Conference Room Set –ups. - Set up tables and chairs each morning; - Clean all whiteboard surfaces in meeting and conference rooms with an approved cleaning product; - Remove foodstuffs, cups and mugs etc, and, - Leave rooms in a presentable state. 5.4 Roles and Responsibilities of the Regular Cleaning Task Services Personnel: Regular Cleaning Task Services shall be performed Monday through Friday with work commencing after 9:00 p.m; Saturday and Sunday with work commencing after 5:00 p.m. Work schedules are not subject to change without the prior written approval of the Department Representative, or designate. NO SERVICES REQUIRED: No custodial services will be required on Statutory holidays, unless an emergency occurs. These holidays will include, but are not limited to: New Year's Day Good Friday and Easter Monday Canada Day BC Day Thanksgiving Day Remembrance Day N.B. Queen Victoria Day Labour Day Christmas Day and Boxing Day Libraries are closed on the Sunday adjacent to a Monday stat. holiday The Contractor shall provide a sufficient number of employees to perform the required regular cleaning tasks efficiently and in a manner satisfactory to the City. Schedules A-1, & A-2 detail general task requirements and frequencies. The City reserves the right to designate specific cleaning times for those service level areas whose occupants require daily regular cleaning tasks to be performed during a specific time period. Notwithstanding any times indicated in the Schedules, at any time during the Term of this Contract the City may give written notice of a change, add, or delete any of the cleaning times specified. The Contractor shall adjust its service plans and schedules accordingly and submit a revised schedule to the City within five (5) working days after receiving notification from the City. NOTE: In all cases, the Contractor shall work at the convenience of the occupant, all in accordance with the following Specific Cleaning Task Services Schedules; 6. GENERAL CLEANING GUIDELINES 6.1 The Contractor shall perform the Services in accordance with the referenced Cleaning Guidelines as written in Schedules A-4 and A4-1. These guidelines are stated in general terms and in reference to the building(s) design, layout and/or condition. The lack and/or omission of any detailed specifications does not minimize acceptable levels of service and only the best commercial practices are acceptable. RFP (Services) No. 1220-030-2011-012 20 6.2 This guide covers a procedure to assist the Contractor of commercial in the performance of cleaning and housekeeping operations. The focus of this guide is to address appropriate cleaning activities and processes, to promote eco-efficiency and sustainability, and to avoid adverse impacts on the building occupants, cleaning personnel, the building structure itself, and the environment. Adherence to the principles set forth in this guide can lead to greater City satisfaction, reduced operational costs and greater productivity of cleaning personnel. 6.3 This guide offers an organized collection of information or a series of options and does not recommend a specific course of action. This document cannot replace education or experience and should be used in conjunction with professional judgment. Not all aspects of this guide may be applicable in all circumstances. This guide/standard is not intended to represent or replace the standard of care by which the adequacy of a given professional service must be judged, nor should this document be applied without consideration of a projects many unique aspects. The word "Standard" in the title of this document means only that the document has been approved through the City’s basic consensus process. 6.4 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use. 7. ENVIRONMENTALLY PREFERABLE CLEANING PRACTICES 7.1 The City of Surrey is committed to environmentally preferable cleaning products and practices and compliments the City Basic Cleaning Performance Guidelines. Green cleaning is defined as cleaning to protect health without harming the environment. It has been found that widely used cleaning products can have serious adverse effects on the health of building occupants and janitors. At the same time, these cleaning products are harming the environment. Green cleaning is a widely accepted movement to make cleaning for the health of building occupants and janitors a primary concern, while minimizing the harm to the environment through better purchasing practices and cleaning processes. Green cleaning means emphasizing the environmental sustainability of cleaning operations and overall building health (i.e. indoor air quality) and not solely evaluating building cleanliness based on appearance. 8. CITY’S GREEN CLEANING PROGRAM (Refer to Schedule A-4-1) 8.1 The City’s green cleaning services program is more than just substituting chemicals; it involves choosing cleaning processes that improve the health of a building. Methods include preventing dirt and dust from entering the building and using effective and efficient cleaning methods, such as HEPA filtration vacuums and microfiber cloths. The focus on the process of cleaning means that custodial training is an integral step in the process; in addition, comprehensive training is required to ensure that custodians are using the products in a safe and efficient manner. Green cleaning also takes into consideration the product’s entire life cycle, favouring concentrated products that are packaged in reduced, refillable, or recyclable packaging. In general, the products to be used as part of the City’s Green Cleaning program are to be certified by Green Seal’s GS-37 standard. RFP (Services) No. 1220-030-2011-012 21 8.2 The City’s cleaning services program will shadow the Green Seal Standard for Cleaning Services. All Contractor cleaning staff should have training in these green cleaning procedures. 8.3 The Contractor shall thoroughly clean, sanitize and polish the Surrey City Centre Library Building including washable surfaces of walls, partitions, columns, glass surfaces, doors, door hardware, door glass, elevators, stairways, hand railings, mirrored surfaces, furniture, fixtures and appliances. The Contractor shall employ appropriate cleaning techniques and use professional/commercial quality products and equipment to ensure a first-class professionally maintained appearance. The Contractor must use germicidal detergent in restrooms, locker rooms, food areas and drinking fountains. The Contractor must clean Plexiglas surfaces with a soft cloth and Plexiglas cleaner. The Contractor must clean and polish wood surfaces with a soft cloth and wood polish, using no water or detergents. Upon completion of general cleaning, all surfaces must be free from soil, smudges, fingerprints, gum, marks or streaks. General cleaning is not spot cleaning; rather, total surface areas within the Surrey City Centre Library Building must be cleaned. 8.4 Properly cleaned and disinfected doors, walls, partitions, trim, baseboards, handrails/stair rails, frames, window sills, ledges and horizontal surfaces including their component parts, must be clean and free from dirt, dust, film, streaks, smudges, lint and cobwebs. Restroom/locker room areas, stall partitions, doors and walls must be free from stains, graffiti, spots, streaks and cobwebs. Works standards that state "disinfect" are considered disinfected when the Contractor uses a liquid or spray product identified as a disinfectant and applies the product in accordance with the manufacturer's instructions. 8.5 The following coloured cloths\gloves are to be used as follows: Blue Cloth: This cloth is for cleaning toilets, toilet seats and urinals only; wipe down the outside of the fixtures only, a toilet brush is to be used for the cleaning of the inside of toilets and urinals; this cloth is only used in washrooms and with a commercial solution of germicidal detergent/disinfectant. No other areas; Green Cloth: This cloth is used to wipe down all other surfaces within a washroom, but is never used on the toilets, toilet seats or urinals; the green cloth is used only in washrooms with a commercial solution of germicidal detergent/disinfectant. No other areas; White Cloth: This cloth is used with a neutral cleaner and can be used in all areas for wiping down desks/ledges/counters and all smooth surfaces other than floors, to remove dust and general types of soil. The white cloth can never be used in washrooms. Latex gloves: Cleaning personnel shall wear protective gloves when cleaning bathrooms and lunch / eating areas. Disposable gloves shall be disposed of and proper hand washing procedures must be followed after cleaning in each area to prevent cross contamination. When non-disposable gloves are used, these must be properly washed and disinfected before used in another area to prevent cross contamination. The Contractor is to supply gloves at its sole expense. 9. FURTHER INFORMATION 9.1 Sustainability Charter www.surrey.ca/files/COSSC5final.pdf RFP (Services) No. 1220-030-2011-012 22 10. LABOUR, EQUIPMENT, CLEANING PRODUCTS AND CONSUMABLES 10.1 Roles and Tasks of the Working Supervisor One of the Contractor’s staff on site during the Regular Cleaning shift must be capable of performing the supervisory functions associated with coordinating cleaning services, and have the authority to manage subordinate cleaning staff assigned to the City facility. This working supervisor shall be the focal point for the Contractor and shall be the point of contact for the City staff. The working supervisor and all staff shall have sufficient English language skills to be able to communicate with City staff. The supervisor shall have supervision as his or her sole function. Supervisory Tasks include but not limited to: o Supervise the work of a staff of cleaning personnel; o Inspect all areas of the facility to ensure compliance with cleaning procedures, sequences, directives and guidelines; o Confers with Department Representative to receive shift instructions and to report incidents and activities from previous shift; o Prepares work schedules and assigns work areas; changes or modifies schedules as needed; calls in part-time personnel to provide necessary coverage; o Addresses and resolves routine service complaints from the Department Representative or public; confers with Department Representative concerning policy decisions; o Responds to verbal reports of unusual incidents or problems and assists in their resolution; assists in emergency situations; o Prepares and maintains activity records including service complaint logs; o Disciplines subordinates; evaluates and rates employee performance; and, o Performs related work as required. Provide supervision and at all times manage and direct the Contractor’s workforce. The Contractor will from time to time provide the Department Representative with the full names and addresses of all persons whom the Contractor proposes to employ in the performance of the Services. The City may, at any time or from time to time and for any reason whatsoever, notify the Contractor that it will no longer accept services performed by any one or more of its’ employees. The City shall have no obligation to disclose to the Contractor the reasons for any such notice. In the event of such notification, the Contractor shall promptly remove such employee or employees from the City premises and take immediate steps to insure that its performance under this Contract will not be reduced. The Contractor shall also provide sufficient back-up in times of staff shortages due to vacations, illness, and inclement weather. The Contractor shall regularly inspect employee's cleaning operations to ensure that the proper techniques and procedures are used during the operation of all manual and powered cleaning equipment and machinery. The Contractor shall also ensure all equipment and machinery is operated within manufacturer's guidelines and in strict compliance with all current regulatory, safety and established operational practices common to the trade. RFP (Services) No. 1220-030-2011-012 23 10.2 Equipment The Contractor will be required to provide and maintain, at its sole expense, professional/commercial quality cleaning equipment necessary for the performance of the Services. Such equipment shall be the size and type specifically designed and developed for use in large scale institutional/commercial cleaning processes. All cleaning equipment, ladders and other tools used by the Contractor in the performance of the Services will be inspected regularly and maintained in accordance with manufacturer’s specifications, the Worker’s Compensation Board, the Canadian Standards Association and all applicable laws. The Contractor’s equipment must include, but is not limited to, vacuum cleaners, scrubbers, buffers, shampoo machines, extractors, pressure washers, sweepers, mop buckets, wringers, mops, brooms, brushes, warning signs and custodial carts. The Contractor's equipment must be removed from public areas when not in use. All of the Contractor's equipment must be clean, properly maintained, and properly secured when not in use. The Contractor shall use all equipment and tools in such a manner that it will not scar or mark walls or other surfaces. Larger equipment and tools must be equipped with non-marking rubber, vinyl or plastic tips on the ends of the handles to prevent marking or scarring of walls. All wheeled and moveable equipment must be equipped with protective non-marking bumpers or guards around the entire perimeter of the equipment to prevent damaging the building structure or other objects. Bumpers or guards must be properly maintained. Equipment with improper bumpers or guards must be removed from service immediately. Damages caused by the Contractor's equipment must be repaired at no expense to the City. Electrical equipment must be equipped with a non-marking, 3-conductor, grounded plug electrical cord. Any electrical equipment used in the performance of the Services must be CSA approved. The Contractor shall ensure that appropriate equipment, including any required safety equipment such as floor signs, temporary barricades and stanchions is available on-site when needed. The Contractor's equipment must be removed from public areas when not in use. All of the Contractor's equipment must be clean, properly maintained and properly secured when not in use; and, The Contractor shall assume all risk of loss for stored equipment or materials, which includes without limitation consumables and cleaning supplies. 10.3 Cleaning Products and Consumables The City has entered into a comprehensive contract for industrial paper supplies, cleaning products and consumables (environmentally preferred products where possible), with A & G Supply Co. Ltd. The purpose of this agreement is to provide a purchasing vehicle for Janitorial Supplies for all City facilities. The cost associated with this scope parameter will be paid for by the City. RFP (Services) No. 1220-030-2011-012 24 CITY OF SURREY JANITORIAL SUPPLIES CONTRACT ORDERING INFORMATION A & G Supply Ltd. Contractor Name Contract Number 1220-030-2009-029 Ordering Address 827 Fairweather Place, Vernon, B.C. V1T 9B5. Contact Call toll-free 1-800-545-0547 - Office hours Phone are Monday-Friday 8:00am to 4:30pm Pacific Time. Fax Email Website P-Card Lower Mainland Operations: 1-800-545-0547 1-250-545-1015 (or 1-877-722-8139) lowermainland@agsupply.bc.ca Online Store Visit Online Store to browse product selection and Order Online! Accepted Without limiting any other provision of this Schedule A, no solvent seals or finish, butyl contained products, bleach, hydrochloric or sulphuric acid, ammonia, powdered cleansers or parazine blocks will be used or stored in the facility. The Contractor will discontinue using any cleaning products, materials or equipment which in the reasonable opinion of the City, may cause any damage to the facility or pose any health risk to the users of the facility. 11. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEMS (WHMIS) 11.1 The Contractor will comply with the “WHMIS” provisions (the “WHMIS Requirements”) of the Workers Compensation Act, Occupational Health and Safety Regulation in the performance of the Services. The Contractor will supply, use and store all cleaning products and chemicals in accordance with the WHMIS Requirements. Where the Contractor wishes to use a product that does not have a current material safety data sheet (“M.S.D.S.”), the Contractor must obtain the prior written approval of such product from the City and that written approval must be in the M.S.D.S. binder. 11.2 All substances governed by the WHMIS Requirements will be delivered to the Facilities in their original containers bearing the supplier's current Workplace Hazardous Material Information Systems labels. The Contractor will maintain and store at the facility current M.S.D.S. for each cleaning product and chemical in a binder labeled “M.S.D.S.”. These binders will be located in each area where cleaning products and/or chemicals are stored or dispensed. 11.3 Breaking down of quantities into small or larger containers must be done in accordance with the WHMIS Requirements and all containers clearly marked in accordance with the WHMIS Requirements. 12. GENERAL DUTIES AND OBLIGATIONS 12.1 Contractor’s Personnel: 1 The Contractor shall: (a) assign a daytime services person, and their name, address and telephone number must be provided to the Department Representative, or designate, upon commencement of this Contract; RFP (Services) No. 1220-030-2011-012 25 (b) designate a on-site working supervisor, who will be responsible for overall management and coordination of the work under this contract. The on-site/working supervisor shall be available at all times during the normal cleaning hours and shall act as the central point of contact with the City. When work under the Contract is performed during other than the normal cleaning hours, an individual may be designated by Contractor to act for the project manager. The Contractor shall provide to the Department Representative, or, designate the names, addresses and telephone numbers of such person(s) and shall keep this information current at all times; and, (c) provide fully trained and certified (BSW Certificate, as a minimum) housekeeping personnel in sufficient numbers so as to meet the identified on-site needs for such Services, and to perform all of the aforementioned functions. 12.2 Contractual Employees: (a) must not have relatives or other personal visitors at the facility at any time; (b) must not consume food or beverages in public view while in the performance of the cleaning duties; (c) may use during normal breaks and lunch period, the staff lunchroom(s); (d) must not consume alcoholic beverages nor use narcotics while in the performance of the cleaning duties, nor be under the influence when reporting to duty; (e) must not use the telephones (except in emergency), office equipment (e.g) computers, photocopiers, radios, T.V. sets, or, any other equipment belonging to the City; (f) must not play radio’s or other sound equipment; (g) must not fraternize with City staff, clients, tenants, or visitors to the building nor unnecessarily disrupt business while performing their contractual duties; (i) specifically assigned to carry out the Services will only be allowed to enter the Surrey City facility. Failure to abide by this requirement will subject the Contractor to default of the Contract; (j) must not interfere with building or staff property; and, (k) must be able to communicate (speak, read and understand) in the English language. 12.3 The City may require the Contractor to immediately remove any contractual employee(s) from the City premises for cause. The Contractor will assume any and all responsibilities. Any employee so removed may not be placed in another City facility. 12.4 The City reserves the right for final determination of a contractual employee’s suitability for assignment to a specific location. Problems of this nature will be addressed with the Contractor’s management Special Note: The Contractor will ensure that their employees sign in upon starting their work shift and sign out when finished their work shift. The sign in/out sheet is to be fully accessible to the Department Representative at all times. This log must be kept and remain in the caretakers’ room. This log must show the employee’s name, arrival time, quitting time and signature for each day worked. Failure to properly report employee attendance could result in holding of payment of invoice. RFP (Services) No. 1220-030-2011-012 26 13. IDENTIFICATION BADGES AND UNIFORMS 13.1 Cleaning personnel shall carry photo identification cards and wear them in a visible and conspicuous manner while working in the facility. Photo identification cards shall include the company name of the Contractor, the name of the individual bearing the card. 13.2 The cost of the photo identification cards is to be borne by the Contractor. The format of the photo identification cards must be approved in advance by the City. 13.3 Cleaning personnel shall arrive to work in the appropriate uniform of the Contractor. The Contractor must, provide for and require its employees to wear at all times, neat, clean and sanitary uniforms which display the Contractor’s name and/or logo while working in the facility. 13.4 Uniforms are defined as clean, long or short-sleeved (no sleeveless, smocks or tank tops) shirt with collar, worn with pants (no mid-calf, Bermuda or short pants) accompanied by shoes that cover the entire foot (shoes or slippers with open toe or exposed heel are unacceptable) with the company name on the shirt in a conspicuous location. Jackets with a collar may be worn. The jackets shall have the company name located in a conspicuous location. All uniforms are to be of same colour. Contractor is responsible for all uniforms and attire worn by custodial staff. Note: You will not be permitted to wear casual street clothes and foot wear in the performance of the Services. This requirement will be strictly enforced. 13.5 The cost of the uniforms and uniform maintenance (cleaning and repairs) is to be borne by the Contractor. The format of the uniforms must be approved in advance by the City. 13.6 The City reserves the right to request the Contractor to change its uniforms if the City determines, acting reasonably, that they are inappropriate. 13.7 The Contractor shall be responsible and ensure that all employees are in compliance with these requirements. 14. INCLEMENT WEATHER 14.1 The Contractor shall make every reasonable effort to provide cleaning services regardless of snow or other inclement weather. 15. CONTRACTOR'S REPORTING METHOD (EMERGENCIES) 15.1 Items requiring emergency repairs such as flooding due to broken pipes, plugged toilets, serious leaks or any health, life and safety concerns shall be reported immediately, upon discovery, to the City. The City will provide an appropriate contact list to the Contractor for this purpose. 16. CONTRACTOR REPORTS 16.1 The Contractor is to provide the following reports: A. Incident Reports, the Contractor shall submit to the Department Representative, an incident report in case of incident during their shift. The Contractor will provide forms to complete. The general information that needs to be included is: Date; Time of Incident; Location within the Facility where the incident occurred; RFP (Services) No. 1220-030-2011-012 27 Name and Person of cleaning staff and/or City staff; and Summary of Incident with specific details. B. Daily, all communications from the Contractor’s employees shall be directed through the Contractor’s on-site supervisor, using a on-site daily report Log. At no time shall the Contractor’s employees leave written messages, instructions or requests at City employee workstations or in offices. The Contractor and the City shall cooperate in developing an on-site log, for communicating day to day needs, requests or observations requiring action by the Contractor or the City. Contractor’s employees and the City shall review the log each workday for required actions and or responses to issues. Any item requiring maintenance or repair such as: slow draining sinks or toilets, leaking fixtures or pipes, broken or cracked windows, loose flooring, ceiling or wall tiles, inoperative or broken fixtures, lights, outlets and switches, etc. shall be reported daily. These items shall be written into the on-site log and forwarded to the Department Representative. Contractor shall email a written report the next workday to the City, when an unusual occurrence, malfunction or property damage is noted or has occurred. Failure to provide the City with this information will be considered a failure to perform and may lead to agreement termination. In addition, the Contractor is to provide to the Department Representative, (specifically, the on-site supervisor) a daily work summary report. The report shall be provided in either electronic format or computer generated spreadsheets and shall provide, at the minimum, the following information: Full name of Contractor’s personnel that performed the cleaning services; Hours of service provided per individual; Location where the services were performed; Any incidents, accidents or concerns that occurred while on shift; Balance of Guaranteed Minimum Hours remaining. C. Monthly, the Contractor to submit to the City, activity reports on a monthly basis in support of the invoice amount(s). The reports shall be provided in either electronic format or computer generated spreadsheets and shall provide, at the minimum, the following information: Specific services provided (labour, cleaning equipment/supplies and consumables); Summary of hours service provided per individual cleaning staff; Specific hourly labour rates charged; Specific cleaning equipment/supplies and consumables charged; Dates when services performed, cleaning equipment/supplies and consumables purchased and delivered to City Facility; 17. CITY’S REPORTING METHOD 17.1 The City will use e-mail to communicate to the Contractor any concerns or problems that need to be resolved. The Contractor is to contact the City, by phone, e-mail, or in person, within the current day or at the beginning of the next workday to schedule and implement corrective action of these issues. Contractor's failure to respond to the RFP (Services) No. 1220-030-2011-012 28 concerns or problems within the timeframe stated will be considered a failure to perform and may lead to agreement termination. 18. RESPONSES AND CALLOUTS 18.1 The Contractor shall provide 24 hours a day; 7 days a week telephone and facsimile contact and availability of labour to deploy the Services in the event of an emergency situation should the City so direct. The City shall have the first call on the services of the Contractor. 18.2 The Contractor is to establish a list of key contacts with telephone numbers to be available from 7:00 a.m. to 5:00 p.m. [Monday to Friday] for the purpose of responding to all calls from the City. There should also be a contact after hours for emergencies. 18.3 Callouts are to be treated as exceptions, particularly for emergencies and they do not apply to regularly scheduled works. The response time is within the hour from the time the call is received. 18.4 The City reserves the right to obtain the services of an alternate source if the Contractor fails to provide such services within the specified time. 19. STORAGE 19.1 Locked storage may be made available to the Contractor without charge for storage of cleaning supplies, materials, equipment, and consumables, at the discretion of the City. The City will not be responsible in any way for the Contractor’s cleaning supplies, materials, equipment and consumables or personal belongings that may be damaged or lost by fire, theft, or accident. 19.2 The Contractor will be responsible for adequately insuring its equipment stored on the City's premises against loss by fire, theft, accident, or otherwise. 19.3 Unless authorized from the City in writing, specialized equipment used periodically by the Contractor is not to be kept in the facility, and the Contractor is not to use the facility for the storage of materials, supplies or equipment for use in other locations, nor shall any other operations of the Contractor to be directed from the facility. 19.4 The Contractor will not leave any soiled mops or cleaning cloths at the Facilities and will remove and launder same on an as used basis 19.5 The Contractor shall ensure that the storage room is locked when unoccupied by cleaning staff. 20. MAINTENANCE OF STORAGE ROOM(S) 20.1 The Contractor will be responsible to maintain the custodial storage room(s) in a clean, orderly and safe manner at all times. The Contractor shall ensure that equipment and chemicals are stored in such a manner as to maintain the required access, paths and clearances to and from such items as electrical panels, hot water tanks, telephone racks or other similar items for regulatory requirements. The Contractor shall ensure MSDS sheets for all cleaning chemicals are clearly posted. 20.2 Continued failure to maintain these areas in a safe and orderly fashion in violation of Fire, Life and Safety Codes will be considered a failure to perform and will lead to contract termination. RFP (Services) No. 1220-030-2011-012 29 21. ALARM SYSTEMS AND BUILDING SECURITY (a) Alarm Systems: The Contractor will meet with the City to become familiar with the functions of the alarm system. The Contractor will then instruct his staff on the alarm system and will be solely responsible for arming and disarming the alarm system during the times that the Contractor is on site. The Contractor is to use the keys and security system as properly instructed by the City. If additional alarm system training is required, the Contractor is to submit a written request to the City. Training will be scheduled for a date and time acceptable to the City. Charges due to responses to false alarms resulting from the Contractor's action or lack thereof will be deducted from the current monthly invoice or will be credited to a future invoice. This fee will be based on the current response fee charged to the City by the City’s Security Services Contractor or local law enforcement agency. (b) Keys/security system codes: The Contractor will be provided keys, access cards and/or security system codes. The Contractor must not label the keys with the name of City, or make duplicate keys and shall take all care to prevent theft or loss of the keys. The Contractor shall provide a list of employees who are assigned or possess access cards, keys and security system codes. This list shall include the identification numbers of each access card, and/or key assigned. The Contractor is to provide and maintain a current record of all access cards, keys and provide it to the City within 72 hours of notice to proceed or notice of agreement renewal or within 24 hours of request from the City. The Contractor is not have keys made or reassign any access cards, or security codes without prior approval from the City. The Contractor shall return all access cards, keys within three (3) working days to the City upon termination or cancellation of an agreement or any portion thereof. The Contractor is contact the City, within 24 hours of a lost key, access card. The Contractor will be responsible for the cost of re-keying doors, gates or locks if any assigned access cards, keys are lost, unaccounted for or not returned to the City within the above specified timeframe. The Contractor shall be liable and responsible for any costs incurred in making changes to the security systems due to the contractor’s wilful, negligent, or accidental release of security codes to unauthorized persons which results in breach of security or confirmed theft of goods or equipment owned by the City or its employees. (c) Building security and access: Security is of great concern to the City. The Contractor will be responsible for the security of the building while working inside and for securing the facility upon departure. All exterior doors and ground floor windows shall be kept closed and locked while work is being performed in or about the office and building area. All building exits shall be secured/locked upon arrival of the cleaning crew; no exterior exits shall be left unlocked or blocked open during the shift. Any exterior exit being used to remove supplies, trash or equipment shall not be blocked open or left unattended. These security procedures shall be strictly followed. RFP (Services) No. 1220-030-2011-012 30 Only the Contractor and its authorized employees are to have access to the facility. Once the building is locked, the custodians will not open doors to allow a person to enter. Interior door security shall be maintained in the individual areas within the building during the work shift. Doors to unattended rooms shall be closed and secured during the shift except while being serviced. Any problems or questions dealing with individuals requesting access without an entrance key, card or proper authorization or unauthorized people, theft or vandalism will be immediately reported by phone to the security services contractor. BREACH OF SECURITY REQUIREMENTS SHALL BE CAUSE FOR IMMEDIATE TERMINATION OF THE AGREEMENT. The Contractor shall be allowed only in the areas specified in this RFP. Some areas may be considered off limits to the Contractor. The Contractor shall be notified of any such areas. (d) Security of documents and property: All City property, materials and documents and all personal property of City employees are to be left undisturbed and are not to be handled, removed, read or otherwise used by Contractor or Contractor’s employees. Contractor shall consider all documents confidential. Any disclosure of confidential information or removal of City property by Contractor or Contractor’s employees shall be cause for the immediate removal of the employee from performing work. Continued documented violations will be considered a failure to perform and will lead to agreement termination. Any liability, including but not limited to attorney fees, arising from any action or suit brought against the City because of Contractor’s wilful, negligent or accidental release of information, or theft of documents or property shall be borne by the Contractor. 22. HEALTH, SAFETY AND PROTECTION 22.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Services. The Contractor shall take every precaution to instruct employees about and otherwise safeguard them against any possible injuries associated with cleaning agents and equipment as well as other potential hazards within the facility. Contractor shall provide its employees with all personal protective equipment and training required by Municipal, Provincial and Federal Regulations when using chemical cleaning products. Contractor shall provide adequate supervision to ensure its employees are in compliance with this requirement. 22.2 The Contractor shall conform to all applicable Federal, Provincial and local laws, and to the requirements of this contract. In performing work under this contract the contractor shall: a) Take all reasonable steps and precautions to prevent accidents and to preserve the health and safety of visitors, contractor personnel, and City personnel performing or in any way coming into contact with the performance of this contract; b) Take all reasonable precautions to prevent the release of hazardous chemicals into the environment; c) Take such additional precautions as the Department Representative, or designate may reasonable require for health, safety and environmental protection; and, RFP (Services) No. 1220-030-2011-012 31 d) Any violation of these health, safety and environmental rules and regulations, unless promptly corrected as directed by the Department Representative, or designate shall be grounds for termination of this contract in accordance with the Default Clause of this contract. 22.3 Damage Reports: In all instances where City of Surrey property or equipment is damaged, the Contractor shall submit to the Department Representative, or designate a full report of the incident and extent of the damage – verbally within one hour, and in writing within 24 hours of the occurrence. 22.4 Accident Reports: The Contractor shall comply with all WCB regulations and other regulatory agency requirements for record keeping and reporting of all accidents resulting in death, trauma, or occupational illness. The contractor shall provide a verbal report to the Contract Administrator within one hour of occurrence and a written followup report to the Department Representative, or designate within 24 hours of the occurrence. Chemical Spills: The Contractor shall provide a plan addressing incidental and emergency spills of any chemicals brought on-site. 22.5 22.6 Hazard Communications: The Contractor must maintain two, updated Material Safety Data Sheet (MSDS) binders, one placed in the office of the Department Representative, or designate and the second in the Contractor’s storage room. Products which contain hazardous chemicals, must be labeled, tagged or marked with the following information: Identity of the hazardous chemical(s); Appropriate hazard warning; and Name and address of the chemical manufacturer, importer or other responsible party. It is the responsibility of the Contractor to ensure that this information is kept current. 23. FIRE PRECAUTIONS 23.1 No inflammable substances shall be permitted on or about the premises. Cleaning waste and other materials wholly or partially impregnated with any inflammable substance shall be removed from the premises on the completion of each day’s cleaning operations. 24. PROBATIONARY PERIOD 24.1 Notwithstanding anything to the contrary contained in this Contract, it is mutually agreed that the Contractor will be subject to a probationary period of six (6) months. Conditional on satisfactory service, such acceptance of the Contractor shall occur after the probationary period. In the event the Contractor is unsatisfactory as determined by the City, during the first six (6) months of the Term, this Contract may be terminated at the sole discretion of the City. The City reserves the right to extend the probationary period where insufficient data exists to determine acceptance of the Contractor. 25. PERFORMANCE AND INSPECTIONS 25.1 The Contractor shall thoroughly complete each specified task in a professional manner, using trained, experienced staff and quality equipment/materials. Services will be performed in accordance with the frequencies specified. The whole of the Services and the manner of performing them shall be done to the satisfaction of the City. RFP (Services) No. 1220-030-2011-012 32 25.2 The City will, from time to time, perform random inspections for the sole purpose of assessing the Contractor’s performance. The Services to be performed shall be subject to random inspections by representatives of the City while in process or after completion. If any such Service(s) are found to be unsatisfactory and not in accordance with the requirements of the City, the City will notify the Contractor and the Contractor will take immediate steps for corrective actions, at the Contractor’s expense and within the time frames specified by the City. Should the Contractor fail to remedy any part of the rejected Services the City may make alternative arrangements for the rectification and any expense(s) incurred by the City in so doing will be fully recoverable from the Contractor. 25.3 The City will have the sole discretion as to how many and what time of day inspections will occur. Continued problems with Services will constitute cause of cancellation of the agreement. 26. UNSATISFACTORY PERFORMANCE 26.1 Upon notice of unsatisfactory performance, the Contractor will have two (2) hours from that time to initiate corrective action in any specific instance. 26.2 In the event the Contractor has not responded within the allotted two (2) hours to telephone contact, or the Contractor has not initiated corrective action for the unsatisfactory cleaning performance within the two (2) hour time frame after notification as described above, the City has the right to immediately complete the work to its satisfaction, through use of City employees, other contractors, subcontractors or agents at a rate equal to the City employee’s hourly rate plus twenty percent (20%) for City administrative costs, or through use of outside contractor(s) at the rate charged to the City plus twenty percent (20%) and shall deduct that amount from any balances due or which may become due to the Contractor. 26.3 Should the Contractor not furnish the designated approved supplies in adequate quantities, the City will make a one-time purchase of the needed supplies and charge them against the Contractor's invoice at the City's cost plus twenty percent (20%). If the Contractor does not provide proper supplies after this action, then the Contractor will be in danger of default. 26.4 There will be a deduction of Fifty Dollars ($50) per occurrence for any day when uniforms are not worn. 26.5 There will be a deduction of Fifty Dollars ($50) per occurrence for any day when photo identification badges / cards are not worn. 26.6 The will be a deduction of Fifty Dollars ($50) per occurrence for each piece of equipment that is deemed inoperable, or, is insufficient, or, inadequate to perform the job as required. 26.7 Failure to return keys and access cards to the Department Representative, or, designate within three (3) working days will incur a fee of One Hundred Dollars ($100.00) per day. 26.8 Charges due to responses to false alarms resulting from the Contractor's action or lack thereof will be deducted from the current monthly invoice or will be credited to a future invoice. This fee will be based on the current response fee charged to the City by the City’s Security Contractor or local law enforcement agency. Continued alarm responses by the Security Contractor or local law enforcement agency due to Contractor's action or lack thereof will be considered a failure to perform and will lead to contract termination. RFP (Services) No. 1220-030-2011-012 33 26.9 The Contractor may appeal any City determination of deduction of, or adjustment of, or application of deficiencies to monies from the Contractor's invoice. Such appeal must be in writing to the City within ten (10) business days from the date of the City's written notice of deduction, adjustment, or application of deficiencies. 27. ORDERING AND DELIVERIES OF CLEANING PRODUCTS AND CONSUMABLES 27.1 Periodic ordering and deliveries of cleaning products and consumables, will be made only upon authorization of the Department Representative and shall be made if, as and when required. 27.2 The Contractor will be required to place the order for cleaning products and consumables directly with the City’s authorized supplier. 27.2 Deliveries shall be to the Facility location only. 27.3 The Contractor warrants that all deliveries made under the Contract will be of the type and quality specified; and the Department Representative may reject and/or refuse any delivery which falls below the quality specified in the specifications. The City shall not be held to have accepted any delivery until an inspection of same has been made and an opportunity to exercise its right to rejection has been afforded. 27.4 All manufacturer’ warranties shall insure to the benefit of the City, and replacement of defective materials shall be made promptly upon request. 27.5 All delivery/packing slips, bills of lading, etc. shall be signed by the Department Representative to verify the actual quantities of materials delivered. 28. EXTERIOR AREAS 28.1 The Contractor will pick up litter and other waste items from the exterior of the Facilities including, without limitation, in parkades, stairwells and entry ways. 29. REPORTS 29.1 The Contractor shall deliver to the City Representative quarterly reports of the consumables, cleaning products and supplies and equipment supplied purchased and used at this facility. The volume reports will be delivered electronically to the following email address: purchasing@surrey.ca and in format approved by the City’s Representative which provides the following information: (a) (b) (c) (d) item (e) (f) city’s contract reference number; name of authorized purchaser (city library staff); date ordered and date delivered; complete description, unit part number or catalogue number and quantity of each purchased; unit price and extended total for each item ordered; and tax collected by transaction. 30. LOST AND FOUND 30.1 Lost and found articles will be turned into Security. RFP (Services) No. 1220-030-2011-012 34 31. CRIMINAL BACKGROUND CHECK 31.1 The Contractor is to ensure that all of its personnel who provide janitorial services and custodial maintenance services have first undergone and passed a criminal background check. Prior to the commencement of any Services, the Contractor is to supply the City with a Consent For Disclosure of Criminal Record Information, criminal record search certificate in the form the Royal Canadian Mounted Police form #3584e (2006-03) and a Criminal Records – Consent For Check For a Sexual Offence For Which a Pardon Has Been Granted Or Issued Form #3923e (2009-12) for each individual proposed to perform the Services. 31.2 Prior to the commencement of any Services, and during the term of an agreement if additional or replacement individuals are proposed to perform the Services, the Contractor is to supply the City with a criminal record search certificate, or a certified true copy thereof, for each individual proposed to perform the Services. 31.3 Any individual for whom a criminal record search certificate is not provided, or for whom a criminal record search certificate indicated any convictions or pending charges related to property offences or crimes against another person, will not be permitted to perform any Services. 31.4 Any criminal record search certificate obtained thereby will be deemed valid for the duration of the agreement subject to a repeated records search as hereinafter specified. 31.5 Notwithstanding the foregoing, at any time during the term of an agreement, the City may, at its sole discretion and acting reasonably, require an updated criminal records search. Any individual who fails to provide a satisfactory criminal record search certificate as a result of a repeated criminal records search will not be permitted to continue to perform any Services. 31.6 All costs associated with all criminal records searches are the sole responsibility of the Contractor. 32. TELEPHONE USAGE 32.1 The Contractor is not to use City telephones. The City will bill Contractor for any unauthorized telephone calls, plus any costs for investigation and/or billing. Exceptions will be allowed for emergencies involving life or property. 33. WASTE MANAGEMENT 33.1 The Contractor is to use the waste disposal unit located at the rear of the Facility for only landfill waste. The Contractor is solely responsible for any and all damages done or regulations violated in the disposal of waste materials and for any other actions, which the Contractor performs. 33.2 The Contractor warrants that it will not produce or discharge in any manner or form, directly or indirectly, chemicals or toxic substances into the environment and that all equipment used will not pose a hazard to, or harm or adversely affect anyone coming into contact with it and covenants and agrees to provide the City with an environmental plan (where applicable), acceptable to the City, which plan shall outline the procedures to be followed by the Contractor to prevent the production or discharge of chemicals or toxic substances into the environment and the actions to be taken should the discharge occur. RFP (Services) No. 1220-030-2011-012 35 33.3 The Contractor shall be responsible to take all necessary measures to comply with the requirements of the Federal and Provincial environmental protection agencies, City by-laws, the Waste Management Act, R.S.B.C. 1996, c. 482, as amended and any other applicable acts and regulations in respect to air, earth and water pollutants. 34. DAMAGES TO FINISHES AND APPURTENANCES 34.1 Building finishes or appurtenances soiled or damaged due to the Contractor's operations must be cleaned, repaired, replaced, or restored to a condition not less than that existing immediately prior to the damage and without cost to the City. Misuse or abuse of City property will be reason for action under the terms of the Contract. Chairs or other furniture will not be abused. Caster furniture will not be used as carts for transporting trash cans, etc. 34.2 If property damage resulting from the Contractor's negligence has to be repaired and/or replaced by the City, the expense for such work shall be deducted from the monies due the Contractor. The City reserves the right to pursue claims for damages through any and/or all-legal means available to the City. 35. COMMUNICATIONS 35.1 Regular communication between the Contractor and the City is fundamental to the success of this relationship. 35.2 The Contractor shall immediately notify the City if there is a deficiency in any assigned area pertaining to the Contractor being able to fill any requirement of the contract. 35.3 The Contractor shall attend and actively participate in all communication meetings schedule by the City. Telephone and Paging Service 35.4 The Contractor is to provide the daytime cleaning staff with a mobile telephone or pager for the purpose of responding to all calls for immediate assistance from the City. The Contractor shall ensure that the pager or mobile phone, shall be worn at all times during the performance of the Services. 35.5 Upon start of each shift the daytime cleaning personnel is required to check in with the City’s security desk for any cleaning complaints or special cleaning requirements. 35.6 The Contractor is to provide a list of key contacts with telephone numbers from 7:00 a.m. to 5:00 p.m. [Monday to Friday] for the purpose of responding to all calls from the City. There should also be a contact after hours for emergencies. 35.7 For scheduled works, all responses are to be undertaken by the next business day. Callouts are to be treated as exceptions, particularly for emergencies and they do not apply to regularly scheduled works. The response time is within the hour from the time the call is received. 35.8 The City reserves the right to obtain the services of an alternate source if the Contractor fails to provide such services within the specified time. RFP (Services) No. 1220-030-2011-012 36 36. UNOCCUPIED SPACE 36.1 There may be times when a portion of a facility becomes “unoccupied” for various reasons. Upon written notice by the City, the Contractor will be instructed to cease cleaning the unoccupied area(s), and the City shall receive a credit based on the global square footage cost each day unoccupied. The total square footage of the unoccupied space will be multiplied by the global square foot cost and subtracted from the total monthly cost. Should the site become re-occupied, the full cost per month shall apply, unless such changes result in an increase or decrease in contract requirements. 37. ATTENDANCE 37.1 The Contractor shall have a procedure for verifying arrival of cleaning personnel at the designated times and for dispatching a replacement for a no-show. In the event of a no show: (a) a replacement cleaning person within one-hour of slated start time. Failure of the Contractor to arrange for a replacement in the event an assigned cleaning person cannot meet their designated cleaning time shall be considered a damage incident. (See Schedule A, section 35 – Service Guarantees). Any cleaning personnel who must leave their cleaning duties for an appointment before the end of a shift cannot leave until a replacement has arrived. 38. SERVICE GUARANTEES 38.1 Should the Contractor and its subcontractors fail to meet the required response time or schedule staff as outlined in the agreement the City will impose a pricing adjustment directly related to the specific service failure in question. 38.2 The service guarantee charges are tabulated below and it is the intention, wherever possible to deduct the sum in question from invoices. 38.3 A mutually acceptable mechanism for the administration of this process and for the handling of disputes – will be agreed upon between the chosen proponent and the Department Representative(s) prior to the contract. 38.4 The pricing adjustment indicated in the table below are a genuine pre-estimate of the liquidated damages that may be suffered by the City and shall not be considered as a penalty. They are based upon the estimated cost of providing a replacement service at short notice and take into account industry norms. Service Failure Proposed Pricing Adjustment Failure to provide schedule shift Existing Rate plus 150% Failure to respond to emergency services $250.00 per event request RFP (Services) No. 1220-030-2011-012 37 39. CONDUCT (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) Shall maintain a high level of visibility at all times; Shall present a professional, concerned image to the public and staff; Shall not unlock doors except when authorized by authorized City staff; Shall not have personal visitors while on duty or otherwise on City facilities; and shall not converse privately with acquaintances while on duty; Shall not get personally involved with any staff member on the job, or engage in long or private conversations that disrupt work; Shall not use any staff member’s office, read, rearrange, or remove any material from the office; nor shall they permit any unauthorized person to do so. Cleaning personnel shall not sit on desks, cabinets, tables, or rest feet on desk tops or open desk drawers, etc.; Shall not read books, magazines, or newspapers while on duty; Shall not wear headphones while on duty; Shall park their personal vehicles in the City parking lot or in any area designated by the Department Representative; Shall limit telephone call to business or personal emergencies; Shall not accept any gifts or gratuities that are in any way related to their position with the City; Supervisory personnel shall investigate all complaints received from the public or Department Representative about the performance of its cleaning staff and report findings and corrective action to the Department Representative; Cleaning staff who have received consistent complaints without extenuating circumstances shall be discharged from their cleaning duties on the City contract. Rude or offensive behaviour to the public or City staff will not be tolerated. RFP (Services) No. 1220-030-2011-012 38 SCHEDULE A-1 THROUGH A-6 The detailed scope of work is as described on the following cleaning task schedules, supplementary cleaning performance guidelines and floor plan illustrations: Schedule A-1 Schedule A-2 Schedule A-3 Schedule A-4 Schedule A-4-1 Schedule A-5 Schedule A-6 Regular Cleaning Tasks; Project Specific Cleaning Tasks; Additional Services Cleaning Tasks; Basic Cleaning Performance Guidelines; Green Cleaning Services Program; Additional Services Performance Guidelines; and Floor Plan Illustrations. To view and/or print these cleaning task schedules, supplementary cleaning performance guidelines and floor plan illustrations please go to the FTP link below, enter the logon and password when prompted, locate folder 1220-040-2011-012 and proceed. ftp://ftp.surrey.ca/ Log on: Password: pur welcome To view this FTP site in Windows Explorer, click Page, and then open FTP Site in Windows Explorer. RFP (Services) No. 1220-030-2011-012 39 SCHEDULE B SAMPLE AGREEMENT PROJECT AGREEMENT for JANITORIAL SERVICES AND CUSTODIAL MAINTENANCE SERVICES at SURREY CITY CENTRE LIBRARY between CITY OF SURREY and __________________________________________ [CONTRACTOR] RFP (Services) No. 1220-030-2011-012 40 SCHEDULE B – SAMPLE AGREEMENT TABLE OF CONTENTS 1. INTERPRETATION .........................................................................................................45 1.1 Definitions....................................................................................................................45 1.2 Appendices..................................................................................................................46 2. SERVICES.......................................................................................................................46 2.1 Services ......................................................................................................................46 2.2 Amendment of Services...............................................................................................46 2.3 Additional Services ......................................................................................................46 2.4 Standard of Care .........................................................................................................47 2.5 Term ............................................................................................................................47 2.6 Time ............................................................................................................................47 2.7 Guarantee of Labour Hours .........................................................................................47 3. PERSONNEL ..................................................................................................................48 3.1 Qualified Personnel .....................................................................................................48 3.2 Listed Personnel and Sub-Contractors ........................................................................48 3.3 Replacement of Personnel or Sub-Contractors ............................................................48 3.4 Sub-Contractors and Assignment ................................................................................48 3.5 Agreements with Sub-Contractors ...............................................................................48 4. LIMITED AUTHORITY .....................................................................................................48 4.1 Agent of City ................................................................................................................48 4.2 Independent Contractor ...............................................................................................49 5. FEES AND PAYMENT ....................................................................................................49 5.1 Fees ............................................................................................................................49 5.2 Payment ......................................................................................................................49 5.3 Records .......................................................................................................................50 5.4 Non-Residents .............................................................................................................50 5.5 Fees Adjustment..........................................................................................................51 6. CITY RESPONSIBILITIES ...............................................................................................51 6.1 City Information ...........................................................................................................51 6.2 City Decisions ..............................................................................................................51 6.3 Notice of Defect ...........................................................................................................51 7. INSURANCE AND DAMAGES .......................................................................................51 7.1 Indemnity .....................................................................................................................51 7.2 Survival of Indemnity ...................................................................................................52 7.3 Contractor’s Insurance Polices ....................................................................................52 7.4 Insurance Requirements..............................................................................................52 7.5 Contractor’s Responsibilities .......................................................................................53 7.6 Additional Insurance ....................................................................................................53 7.7 Waiver of Subrogation .................................................................................................53 RFP (Services) No. 1220-030-2011-012 41 8. TERMINATION ................................................................................................................53 8.1 By the City ...................................................................................................................53 8.2 Termination for Cause .................................................................................................53 8.3 Curing Defaults ............................................................................................................54 9. APPLICABLE LAWS, BUILDING CODES AND BY-LAWS ............................................54 9.1 Applicable Laws...........................................................................................................54 9.2 Codes and By-Laws ....................................................................................................54 9.3 Interpretation of Codes ................................................................................................54 10. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION ........................................55 10.1 No Disclosure ............................................................................................................55 10.2 Freedom of Information and Protection of Privacy Act ...............................................55 10.3 Return of Property .....................................................................................................55 11. USE OF WORK PRODUCT .............................................................................................55 12. WORKERS’ COMPENSATION BOARDS AND OCCUPATIONAL HEALTH AND SAFETY .............................................................................................................................55 13. BUSINESS LICENSE ......................................................................................................56 14. DISPUTE RESOLUTION .................................................................................................56 14.1 Dispute Resolution Procedures................................................................................56 15. JURISDICTION AND COUNCIL NON-APPROPRIATION ..............................................57 16. PERFORMANCE SECURITY ..........................................................................................57 17. EXTRA WORK ................................................................................................................58 18. CHANGES .......................................................................................................................58 19. WASTE SITES ................................................................................................................59 20. GENERAL .......................................................................................................................60 20.1 Entire Agreement .....................................................................................................60 20.2 Amendment .............................................................................................................60 20.3 Contractor Terms Rejected ......................................................................................60 20.4 Survival of Obligations .............................................................................................60 20.5 Cumulative Remedies ..............................................................................................60 20.6 Notices ....................................................................................................................61 20.7 Unenforceability .......................................................................................................61 20.8 Headings .................................................................................................................61 20.9 Singular, Plural and Gender .....................................................................................61 20.10 Waiver .....................................................................................................................61 20.11 Signature .................................................................................................................61 20.12 Enurement ...............................................................................................................61 RFP (Services) No. 1220-030-2011-012 42 APPENDICES APPENDIX 1 – SCOPE OF SERVICES ........................................................................................ APPENDIX 1-A – REGULAR CLEANING TASK SCHEDULE ....................................................... APPENDIX 1-B – PROJECT SPECIFIC CLEANING TASK SCHEDULE ...................................... APPENDIX 1-C – BASIC CLEANING PERFORMANCE GUIDELINES ......................................... APPENDIX 1-D – GREEN CLEANING SERVICES PROGRAM APPENDIX 1-E – ADDITIONAL SERVICES PERFORMANCE GUIDELINES............................... APPENDIX 1-F – FLOOR PLAN ILLUSTRATIONS ...................................................................... APPENDIX 2 – FEES AND PAYMENT ......................................................................................... APPENDIX 3 – TIME SCHEDULE ................................................................................................ APPENDIX 4 – PERSONNEL AND SUB-CONTRACTORS .......................................................... APPENDIX 5 – ADDITIONAL SERVICES ..................................................................................... APPENDIX 6 – CONTRACTOR’S TECHNICAL PROPOSAL ....................................................... RFP (Services) No. 1220-030-2011-012 43 SCHEDULE B – SAMPLE PROJECT AGREEMENT JANITORIAL SERVICES AND CUSTODIAL MAINTENANCE SERVICES SURREY CITY CENTRE LIBRARY REFERENCE No.: 1220-030-2011-012 THIS AGREEMENT dated for reference this _____ day of ______________, 2011 is entered into: BETWEEN: CITY OF SURREY 14245 – 56th Avenue Surrey, B.C. V3X 3A2 (the "City") OF THE FIRST PART AND: __________________________ (the "Contractor") OF THE SECOND PART RECITALS WHEREAS A. Pursuant to a request for proposals #1220-030-2011-012 (the “RFP”), dated ________________________, 2011 the City invited qualified proponents to submit proposals to respond to the City’s request for a contract to, inter alia, provide janitorial services and custodial maintenance services at Surrey City Centre Library, 10350 University Drive, Surrey, B.C. B. The City has received proposals in response to its RFP, and after evaluating the proposals, the City has selected the Contractor to provide the Services (as hereinafter defined) and the Contractor agrees to supply the Services as and when ordered upon the terms and conditions contained in this Agreement. C. The City selected the Contractor’s proposal and conditionally awarded the Contractor the janitorial services and custodial maintenance services, subject to the execution and delivery of this Agreement. NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the payment of one ($1.00) dollar and other good and valuable consideration paid by each of the parties to the other (the receipt and sufficiency of which is hereby acknowledged) the City and the Contractor agree as follows: RFP (Services) No. 1220-030-2011-012 44 AGREEMENT 1. INTERPRETATION 1.1 DEFINITIONS In this agreement the following definitions apply: (a) "Additional Services" means and includes anything and everything required to be done by the Contractor for the fulfilment and completion of the project services as referred to in this Contract including, without limitation, the project services as outlined in Appendix 5; (b) “Calendar Year” means the period from January 1st to December 31st; (c) "Change" means as specified in section17.1; (d) "Change Order" means as specified in section 17.2; (e) “City” means the City of Surrey; (f) “City Representative” means the Acting, Purchasing & AP Manager; (g) "Contemplated Change Order" means as specified in section 17.5; (h) “Contract” means this executed Contract between the City and the Contractor as set out and described in the Contract Documents; (i) "Contract Documents" means this Contract including all Schedules and Appendices, the RFP, the Performance Security, Certificate of Insurance and the Contractor's Proposal and includes any and all additional and amending documents issued in accordance with the provision of the Contract Documents; (j) "Contract Services" has the meaning set out in section 2.1; (k) “Contractor’s Representative” means the person appointed by the Contractor to represent the Contractor for the purposes of this Contract and so notified to the City in writing; (l) “Department” means the Library Department, 7452 – 132 Street, Surrey, British Columbia, V3W 4M7; (m) "Department Representative" means the Chief Librarian, or her designate; (n) “Disbursements” has the meaning set out in section 5.3; (o) “Dispute” has the meaning set out in section 14.1; (p) "Extra Work" means as specified in section (q) "Facility" means the Surrey City Centre Library, 10350 University Boulevard, Surrey, British Columbia; (r) “Fees” has the meaning set out in section 5.1; (s) “Indemnitees” has the meaning set out in section 7.1; (t) "Invoice" has the meaning set out in section 5.2(a); RFP (Services) No. 1220-030-2011-012 45 1.2 (u) "Term" has the meaning set out in 2.5; and (v) “Time Schedule” has the meaning set out in section 2.6; and (w) “Year of the Term” as used herein shall mean each twelve-month period January 1st, to December 31st. APPENDICES The following are the Appendices attached to and forming part of this Agreement: Appendix 1 – Scope of Services; Appendix 1-A – Regular Cleaning Task Schedule; Appendix 1-B – Project Specific Cleaning Task Schedule; Appendix 1-C – Regular Cleaning Performance Guidelines; Appendix 1-D – Green Cleaning Services Program Appendix 1-E – Additional Services Performance Guidelines; Appendix 1-F – Floor Plan Illustrations; Appendix 2 – Fees and Payment; Appendix 3 – Time Schedule; Appendix 4 – Personnel and Sub-Contractors; Appendix 5 – Additional Services; and Appendix 6 – Contractor’s Technical Proposal 2. SERVICES 2.1 Services The City hereby retains the Contractor to provide the consulting and professional services as described generally in Appendices 1 through 1-F (inclusive), including anything and everything required to be done for the fulfillment and completion of this agreement (the “Services”). 2.2 Amendment of Services The City may from time to time, by written notice to the Contractor, make changes in the scope of the Services. The Fees will be increased or decreased by written agreement of the City and the Contractor according to the rates set out in Appendix 2. 2.3 Additional Services The Contractor will, if requested in writing by the City, perform additional services as may be listed in Appendix 5. The terms of this agreement will apply to any additional services, and the fees for additional services, and the time for the Contractor’s performance, will generally correspond to the fees and time of performance as described in Appendices 2 and 3. The Contractor will not provide any additional services in excess of the scope of services requested in writing by the City. RFP (Services) No. 1220-030-2011-012 46 2.4 Standard of Care The Contractor will perform the Services with that degree of care, skill and diligence normally provided by a qualified and experienced practitioner performing services similar to the Services, and on the understanding that the City is relying on the Contractor’s experience and expertise. The Contractor represents that it has the expertise, qualifications, resources and relevant experience to provide the Services. 2.5 Term The agreement commences on the date of execution of the agreement. The initial term of the agreement will be for a one (1) year period [the “Initial Term”] with the option to renew for two (2) additional one (1) year periods [the “Renewal Term(s)”] to a maximum total term of three (3) years [collectively the “Term”]. If the City elects to extend the Term, the provisions of the agreement will remain in force, including the fees payable under the RFP except where amended in writing by the parties. It is the City’s intent to amalgamate these services requirements with similar service requirements as may be required with the expansion of the Surrey Civic Centre development projects. These combined requirements will be part of a future Request For Proposals process. 2.6 Time The Contractor acknowledges that time is of the essence with respect to the provision of the Services and accordingly the Contractor will provide the Services within the performance or completion dates or time periods (the "Time Schedule") as set out in Appendix 3, or as otherwise agreed to in writing by the City and the Contractor. If at any time the Contractor discovers that the Time Schedule cannot be met it will immediately advise the City in writing and provide a revised Time Schedule. 2.7 GUARANTEE OF LABOUR HOURS The Contractor agrees to provide as part of the Contract: (a) a specific number of hours of labour to provide the level of service required. The hours of labour will be identified on an annual basis. At the end of the each year, with renewal of the contract, the Contractor shall submit a report showing the hours budgeted and the hours actually used. Any increase in actual hours used over those budgeted shall not result in a claim for additional payment. On a monthly basis the Contractor will provide status reports on hours used versus those budgeted. On an annual basis any decrease in actual hours used below those budgeted shall be either: (b) deducted from the monthly invoice at the specified rate for such work; OR (c) carried forward to subsequent months to do additional cleaning. Such additional cleaning will be deducted from any accumulated surplus hours. RFP (Services) No. 1220-030-2011-012 47 3. PERSONNEL 3.1 Qualified Personnel The Contractor will provide only professional personnel who have the qualifications, experience and capabilities to perform the Services. 3.2 Listed Personnel and Sub-Contractors The Contractor will perform the Services using the personnel and sub-contractors as may be listed in Appendix 4 and the Contractor will not remove any such listed personnel or subcontractors from the Services without the prior written approval of the City. The City may from time to time request reasonable changes to the personnel of the Contractor, and the Contractor shall comply with any such request. The Contractor shall not change any of the personnel without the prior written approval of the City, which approval will not be unreasonably withheld. 3.3 Replacement of Personnel or Sub-Contractors If the City reasonably objects to the performance, qualifications, experience or suitability of any of the Contractor's personnel or sub-contractors then the Contractor will, on written request from the City, replace such personnel or sub-contractors. The Contractor shall not change any of the personnel without the prior written approval of the City, which approval will not be unreasonably withheld. 3.4 Sub-Contractors and Assignment Except as provided for in section 3.2, the Contractor will not engage any personnel or sub-contractors, or sub-contract or assign its obligations under this agreement, in whole or in part, without the prior written approval of the City. 3.5 Agreements With Sub-Contractors The Contractor will preserve and protect the rights of the City with respect to any Services performed under sub-contract and incorporate the terms and conditions of this agreement into all sub-contracts as necessary to preserve the rights of the City under this agreement. The Contractor will be as fully responsible to the City for acts and omissions of sub-contractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 4. LIMITED AUTHORITY 4.1 Agent of City The Contractor is not and this agreement does not render the Contractor an agent or employee of the City, and without limiting the above, the Contractor does not have authority to enter into any contract or reach any agreement on behalf of the City, except for the limited purposes as may be expressly set out in this agreement, or as necessary in order to perform the Services. The Contractor will make such lack of authority clear to all persons with whom the Contractor deals in the course of providing the Services. Every vehicle used by the Contractor in the course of performing the services shall identify the Contractor by name and telephone number. RFP (Services) No. 1220-030-2011-012 48 4.2 Independent Contractor The Contractor is an independent contractor. This agreement does not create the relationship of employer and employee, a partnership, or a joint venture. The City will not control or direct the details, means or process by which the Contractor performs the Services. The Contractor will determine the number of days and hours of work required to properly and completely perform the Services. The Contractor is primarily responsible for performance of the Services and may not delegate or assign any Services to any other person except as provided for in section 3.4. The Contractor will be solely liable for the wages, fringe benefits, work schedules and work conditions of any partners, employees or sub-contractors. 5 FEES 5.1 Fees The City agrees to pay, and the Contractor will accept, as full payment and consideration for the Services, including Contract Services and Additional Services, as follows: (a) Contract Services:-______________________________which includes HST, for Contract Services (Daytime and Regular) provided in accordance with the performance of the Agreement throughout the Term payable in twelve (12) equal monthly instalments, in arrears. The cost for Contract Services must not exceed the unit cost per occurrence specified in Appendix 2 (the “Fees”) for those Contract Services requested by the City plus HST, labour is inclusive of cleaning equipment and supplies. If a price is not specified for a specific task, then the work will be performed at a cost mutually agreed upon by the parties. (b) Additional Services:-_______________________________which includes HST, for Project Services provided in accordance with the performance of the Agreement throughout the Term payable upon performance, in arrears, and after receipt of an Invoice. The cost for Project Services must not exceed the unit cost per occurrence specified in Appendix 2 (the “Fees”) for those Additional Services requested by the City plus HST, labour is inclusive of materials and equipment. If a price is not specified for a specific task, then the work will be performed at a cost mutually agreed upon by the parties. When Project Services are performed in conjunction with Contract Services, the Contractor shall not receive additional compensation for labour. All rates are firm for the duration of the Contract Term. All amounts are in Canadian funds. The City shall not be responsible for costs incurred by the Contractor in excess of the agreed amount(s) as set out herein. 5.2 Payment The Contractor shall submit invoice(s) by the 5th of each month for Services provided in accordance with the performance of the Agreement in the preceding calendar month (the “Billing Period”). Any/all Extra Work as approved by the Department Representative, or designate during each calendar month must be clearly identified and quantified on a separate invoice(s). RFP (Services) No. 1220-030-2011-012 49 (a) The invoice(s) submitted for each Billing Period shall be clearly itemized to the amount of the Services performed, the billing rates, shown an invoice number, the Contractor’s name, address and telephone number, address to which payment is due, the City’s purchase order number/contract reference number, the price per item of consumables, supplies and equipment; receipts, bills, invoices or other evidence in support of each invoice for consumables, supplies and equipment; taxes (if any); and grand total of the invoice. Note: No prepayments will be allowed. (b) the Contractor will on request from the City provide receipts and invoices for all Disbursements claimed; (c) if the City reasonably determines that any portion of an Invoice is not payable then the City will so advise the Contractor; (d) the City will pay the portion of an Invoice which the City determines is payable within 30 days of the receipt of the Invoice, except the City may hold back from payments 10% of the amount the City determines is payable to the Contractor until such time as the Contractor provides its final report to the City; and (e) if the Contractor offers the City a cash discount for early payment, then the City may, at the City’s sole discretion, pay the portion of an Invoice which the City determines is payable at any time after receipt of the Invoice. Invoices will be submitted by the Contractor by mail to: 5.4 Name: _____________________ Address: _____________________ Fax No.: _____________________ Records The Contractor will prepare and maintain proper records related to the Services, records, receipts and invoices relating to Disbursements. On request from the Contractor will make the records available open to audit examination by the City at during regular business hours during the time the Contractor is providing the Services period of six years after the Services are complete. 5.5 including City, the any time and for a Non-Residents If the Contractor is a non-resident of Canada and does not provide the City a waiver of regulation letter, the City will withhold and remit to the appropriate governmental authority the greater of: (a) 15% of each payment due to the Contractor; or (b) the amount required under applicable tax legislation RFP (Services) No. 1220-030-2011-012 50 5.6 Fees Adjustment The parties agree that all fees as set out in this Agreement will remain in force for a period of twelve (12) months and thereafter the fees will be subject to an increase during the term once per Year of the Term by a percentage which shall not be greater than the percentage increase in the Consumer Price Index (All items) for Vancouver, British Columbia as published by Statistics Canada ("CPI"), or any successor government agency for the Calendar Year immediately preceding the applicable January 1st of the current Calendar Year. 6. CITY RESPONSIBILITIES 6.1 City Information The City will, in co-operation with the Consultant, make efforts to make available to the Consultant information, surveys, and reports which the City has in its files and records that relate to the Services. The Consultant will review any such material upon which the Consultant intends to rely and take reasonable steps to determine if that information is complete or accurate. The Consultant will assume all risks that the information is complete and accurate and the Consultant will advise the City in writing if in the Consultant’s judgment the information is deficient or unreliable and undertake such new surveys and investigations as are necessary. 6.2 City Decisions The City will in a timely manner make all decisions required under this agreement, examine documents submitted by the Consultant and respond to all requests for approval made by the Consultant pursuant to this agreement. 6.3 Notice of Defect If the City observes or otherwise becomes aware of any fault or defect in the Services, it may notify the Consultant, but nothing in this agreement will be interpreted as giving the City the obligation to inspect or review the Consultant’s performance of the Services. 7. INSURANCE AND DAMAGES 7.1 Indemnity The Contractor will indemnify and save harmless the City and all of its elected and appointed officials, officers, employees, servants, representatives and agents (collectively the “Indemnitees”), from and against all claims, demands, causes of action, suits, losses, damages and costs, liabilities, expenses and judgments (including all actual legal costs) for damage to or destruction or loss of property, including loss of use, and injury to or death of any person or persons which any of the Indemnitees incur, suffer or are put to arising out of or in connection with any failure, breach or non-performance by the Contractor of any obligation of this agreement, or any wrongful or negligent act or omission of the Contractor or any employee or agent of the Contractor. RFP (Services) No. 1220-030-2011-012 51 7.2 Survival of Indemnity The indemnity described in section 7.1 will survive the termination or completion of this agreement and, notwithstanding such termination or completion, will continue in full force and effect for the benefit of the Indemnitees. 7.3 Contractor's Insurance Policies The Contractor will, without limiting its obligations or liabilities and at its own expense, provide and maintain throughout this agreement the following insurance in forms and amounts acceptable to the City from insurers licensed to conduct business in Canada: (a) (b) (c) (d) 7.4 commercial general liability insurance on an occurrence basis, in an amount not less than five million ($5,000,000) dollars inclusive per occurrence against death, bodily injury and property damage arising directly or indirectly out of the work or operations of the Contractor, its employees and agents. The insurance will include cross liability and severability of interests such that the coverage shall apply in the same manner and to the same extent as though a separate policy had been issued to each insured. The insurance will include, but not be limited to: premises and operators liability, broad form products and completed operations, owners and contractors protective liability, blanket contractual, employees as additional insureds, broad form property damage, non-owned automobile, contingent employers liability, broad form loss of use, personal injury, and incidental medical malpractice; automobile liability insurance on all vehicles owned, operated or licensed in the name of the Contractor in an amount not less than three million ($3,000,000) dollars per occurrence for bodily injury, death and damage to property; Property insurance, in an amount acceptable to the covering all supplies, equipment and other property of the Contractor which may be stored or kept at the Facility(ies) by the Contractor from time to time. Such policy will include a waiver of subrogation against the City; and A fidelity bond in an amount not less than $50,000 for any one loss, protecting the City of Surrey and their respective officers, officials, employees and agents against claims for loss of money, securities and other property that the City of Surrey or other third parties may suffer, resulting directly from fraudulent acts committed by the Contractor, its Subcontractors or their respective employees or agents. Insurance Requirements The Contractor will provide the City with evidence of the required insurance prior to the commencement of this Agreement. Such evidence will be in the form of a completed certificate of insurance acceptable to the City. The Contractor will, on request from the City, provide certified copies of all of the Contractor’s insurance policies providing coverage relating to the Services, including without limitation any professional liability insurance policies. All required insurance will be endorsed to provide the City with thirty (30) days advance written notice of cancellation or material change restricting coverage. To the extent the City has an insurable interest, the builder’s risk policy will have the City as first loss payee. The Contractor will be responsible for deductible amounts under the insurance policies. All of the Contractor's RFP (Services) No. 1220-030-2011-012 52 insurance policies will be primary and not require the sharing of any loss by the City or any insurer of the City. 7.5 Contractor Responsibilities The Contractor acknowledges that any requirements by the City as to the amount of coverage under any policy of insurance will not constitute a representation by the City that the amount required is adequate and the Contractor acknowledges and agrees that the Contractor is solely responsible for obtaining and maintaining policies of insurance in adequate amounts. The insurance policy coverage limits shall not be construed ad relieving the Contractor form responsibility for any amounts which may exceed these limits, for which the Contractor may be legally liable. 7.6 Additional Insurance The Contractor shall place and maintain, or cause any of its subcontractors to place and maintain, such other insurance or amendments to the foregoing policies as the City may reasonably direct. 7.7 Waiver of Subrogation The Contractor hereby waives all rights of recourse against the City for loss or damage to the Contractor's property. 8. TERMINATION 8.1 By the City The City may at any time and for any reason by written notice to the Contractor terminate this agreement before the completion of all the Services, such notice to be determined by the City at its sole discretion. Upon receipt of such notice, the Contractor will perform no further Services other than the work which is reasonably required to terminate the Services and return the City’s property to the City. Despite any other provision of this agreement, if the City terminates this agreement before the completion of all the Services, the City will pay to the Contractor all amounts owing under this agreement for Services provided by the Contractor up to and including the date of termination, plus reasonable termination costs in the amount as determined by the City in its sole discretion. Upon payment of such amounts no other or additional payment will be owed by the City to the Contractor, and, for certainty, no amount will be owing on account of lost profits relating to the portion of the Services not performed or other profit opportunities. 8.2 Termination for Cause The City may terminate this agreement for cause as follows: (a) If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of its insolvency, or if a receiver is appointed because of its insolvency, the City may, without prejudice to any other right or remedy the City may have, terminate this agreement by giving the Contractor or receiver or trustee in bankruptcy written notice; or RFP (Services) No. 1220-030-2011-012 53 (b) If the Contractor is in breach of any term or condition of this agreement, and such breach is not remedied to the reasonable satisfaction of the City within 5 days after delivery of written notice from the City to the Contractor, then the City may, without prejudice to any other right or remedy the City may have, terminate this agreement by giving the Contractor further written notice. If the City terminates this agreement as provided by this Section, then the City may: 8.3 (c) enter into contracts, as it in its sole discretion sees fit, with other persons to complete the Services; (d) withhold payment of any amount owing to the Contractor under this agreement for the performance of the Services; (e) set-off the total cost of completing the Services incurred by the City against any amounts owing to the Contractor under this agreement, and at the completion of the Services pay to the Contractor any balance remaining; and (f) if the total cost to complete the Services exceeds the amount owing to the Contractor, charge the Contractor the balance, which amount the Contractor will forthwith pay. Curing Defaults If the Contractor is in default of any of its obligations under this agreement, then the City may without terminating this agreement, upon 5 days written notice to the Contractor, remedy the default and set-off all costs and expenses of such remedy against any amounts owing to the Contractor. Nothing in this agreement will be interpreted or construed to mean that the City has any duty or obligation to remedy any default of the Contractor. 9. APPLICABLE LAWS, BUILDING CODES AND BY-LAWS 9.1 Applicable Laws This agreement will be governed by and construed in accordance with the laws of the Province of British Columbia. The City and the Contractor accept the jurisdiction of the courts of British Columbia and agree that any action under this agreement be brought in such courts. 9.2 Codes and By-Laws The Consultant will provide the Services in full compliance with all applicable laws, building codes and regulations. 9.3 Interpretation of Codes The Contractor will, as a qualified and experienced professional, interpret applicable codes, laws and regulations applicable to the performance of the Services. If an authority having jurisdiction imposes an interpretation which the Contractor could not reasonably have verified or foreseen prior to entering into this agreement, then the City will pay the additional costs, if any, of making alterations so as to conform to the required interpretation. RFP (Services) No. 1220-030-2011-012 54 10. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION 10.1 No Disclosure Except as provided for by law or otherwise by this agreement, the Contractor will keep strictly confidential any information supplied to, obtained by, or which comes to the knowledge of the Contractor as a result of the performance of the Services and this agreement, and will not, without the prior express written consent of the City, publish, release, disclose or permit to be disclosed any such information to any person or corporation, either before, during or after termination of this agreement, except as reasonably required to complete the Services. 10.2 Freedom of Information and Protection of Privacy Act The Contractor acknowledges that the City is subject to the Freedom of Information and Protection of Privacy Act of British Columbia and agrees to any disclosure of information by the City required by law. 10.3 Return of Property The Contractor agrees to return to the City all of the City’s property at the completion of this agreement, including any and all copies or originals of reports provided by the City. 11. USE OF WORK PRODUCT The Contractor hereby sells, assigns and transfers to the City the right, title and interest required for the City to use and receive the benefit of all the reports, drawings, plans, designs, models, specifications, computer software, concepts, products, designs or processes or other such work product produced by or resulting from the Services rendered by the Contractor. 12. WORKERS' COMPENSATION BOARD AND OCCUPATIONAL HEALTH AND SAFETY 12.1 The Contractor will, at its own expense, procure and carry full Workers' Compensation Board coverage for itself and all workers, employees, servants and others engaged in the supply of the Services. The City has the unfettered right to set off the amount of the unpaid premiums and assessments for the Workers' Compensation Board coverage against any monies owning by the City to the Contractor. The City will have the right to withhold payment under this Agreement until the Workers' Compensation Board premiums, assessments or penalties in respect of the Services have been paid in full. 12.2 The Contractor will provide the City with the Contractor's Workers' Compensation Board registration number and a letter from the Worker's Compensation Board confirming that the Contractor is registered in good standing with the Workers' Compensation Board. 12.3 The Contractor agrees that it is the prime contractor for the Services for the purposes of the Workers Compensation Act. The Contractor will have a safety program in place that meets the requirements of the Workers' Compensation Board Occupational Health and Safety Regulation and the Workers Compensation Act. As prime contractor, the Contractor will be responsible for appointing a qualified coordinator for insuring the health and safety activities for the location of the Services. The qualified coordinator is: RFP (Services) No. 1220-030-2011-012 55 Name: ____________________________ Contact No.: _______________________ The Contractor will advise the City immediately in writing if the name or contact number of the qualified coordinator changes. 12.4 Without limiting the generality of any other indemnities granted by the Contractor in this Agreement, the Contractor will indemnify and save harmless the Indemnitees from and against all claims, demands, causes of action, suits, losses, damages, costs, liabilities, expenses, judgments, penalties and proceedings (including all actual legal costs) which any of the Indemnitees incur, suffer or are put to arising out of or in any way related to unpaid Workers' Compensation Board assessments owing from any person or corporation engaged in the performance of this Agreement or arising out of or in any way related to the failure to observe safety rules, regulations and practices of the Workers' Compensation Board, including penalties levied by the Workers' Compensation Board. 12.5 The Contractor will ensure compliance with and conform to all health and safety laws, by-laws or regulations of the Province of British Columbia, including without limitation the Workers Compensation Act and Regulations pursuant thereto. 12.6 The City may, on twenty-four (24) hours written notice to the Contractor, install devices or rectify any conditions creating an immediate hazard existing that would be likely to result in injury to any person. However, in no case will the City be responsible for ascertaining or discovering, through inspections or review of the operations of the Contractor or otherwise, any deficiency or immediate hazard. 12.7 The Contractor understands and undertakes to comply with all the Workers' Compensation Board Occupational Health and Safety Regulations for hazardous materials and substances, and in particular with the "Workplace Hazardous Materials Information System (WHMIS)" Regulations. All "Material Safety Data Sheets (MSDS)" will be shipped along with the Goods and any future MSDS updates will be forwarded. 13. BUSINESS LICENSE The Contractor will obtain and maintain throughout the term of this Agreement a valid City of Surrey business license. 14. DISPUTE RESOLUTION 14.1 Dispute Resolution Procedures The parties will make reasonable efforts to resolve any dispute, claim, or controversy arising out of this agreement or related to this agreement (“Dispute”) using the dispute resolution procedures set out in this section 14. (a) Negotiation The parties will make reasonable efforts to resolve any Dispute by amicable negotiations and will provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate negotiations. RFP (Services) No. 1220-030-2011-012 56 (b) Mediation If all or any portion of a Dispute cannot be resolved by good faith negotiations within 30 days, either party may by notice to the other party refer the matter to mediation. Within 7 days of delivery of the notice, the parties will mutually appoint a mediator. If the parties fail to agree on the appointment of the mediator, then either party may apply to the British Columbia International Commercial Arbitration Centre for appointment of a mediator. The parties will continue to negotiate in good faith to resolve the Dispute with the assistance of the mediator. The place of mediation will be Surrey, British Columbia. Each party will equally bear the costs of the mediator and other out-of-pocket costs, and each party will bear its own costs of participating in the mediation. (c) Litigation If within 90 days of the request for mediation the Dispute is not settled, or if the mediator advises that there is no reasonable possibility of the parties reaching a negotiated resolution, then either party may without further notice commence litigation. 15. JURISDICTION AND COUNCIL NON-APPROPRIATION 15.1 Nothing in this agreement limits or abrogates, or will be deemed to limit or abrogate, the jurisdiction of the Council of the City in the exercise of its powers, rights or obligations under any public or private statute, regulation or by-law or other enactment. 15.2 The Contractor recognizes and agrees that the City cannot make financial commitments beyond the City’s current fiscal year. The City will annually make bonafide requests for appropriation of sufficient funds to cover all payments covered by this Agreement. If City Council does not appropriate funds, or appropriates insufficient funds, the City will notify the Contractor of its intention to terminate or reduce the services so affected within 30 days after the non-appropriation becomes final. Such termination shall take effect 30 days from the date of notification, shall not constitute an event of default and shall relieve the City, its officers and employees, from any responsibility or liability for the payment of any further amounts under this agreement. 16. PERFORMANCE SECURITY 16.1 Concurrently with the execution and delivery of this agreement, the Contractor will deliver to the City a clean, unconditional, irrevocable, demand letter of credit (the “Letter of Credit”) payable in the amount of $50,000 and issued in favour of the City and on terms satisfactory to the City. 16.2 The Letter of Credit must contain an automatic extension clause for the Term of this agreement and may be drawn on by the City to reimburse the City for any costs, losses or damages suffered by the City as a result of the Contractor’s breach of this agreement. 16.3 Upon expiry or earlier termination of this agreement the City will return the Letter of Credit, or that portion of the Letter of Credit not drawn down by the City pursuant to Section 16.2, to the Contractor. RFP (Services) No. 1220-030-2011-012 57 16.4 The City will not be responsible nor shall it pay to the Contractor any interest on the irrevocable letter of credit. 17. Extra Work 17.1 The City may invite the Contractor to perform Extra Work as part of this Contract by issuing a Contemplated Change Order for the Extra Work. 17.2 It is a condition of a Contract that the City is not obligated at any time to make a request to the Contractor to perform Extra Work. The City reserves the right to retain the services of other independent contractor(s) or utilize its own employees to perform any Extra Work that is required to be performed and the Contractor and its subcontractors, if any, shall cooperate fully with other independent contractor(s) retained by the City to perform and/or complete any Extra Work and shall so carry on their work that other cooperating contractors shall not be hindered, delayed, or interfered with in the progress of their work, and so that all of such work shall be finished and complete of its kind. 17.3 The Contractor is under no obligation to accept an invitation to perform Extra Work and the City is under no obligation to offer work that might be undertaken by the Contractor as Extra Work. 17.4 If the City issues a Contemplated Change Order for Extra Work, the Contractor shall promptly either decline the opportunity to perform the Extra Work, or respond with a Quotation. 17.5 The City is under no obligation to accept the Contractor's Quotation for Extra Work and may elect to have the Extra Work performed by others. 17.6 In no event shall the Contractor proceed with any work that the Contractor intends or expects to be treated as Extra Work without first receiving a written Change Order approving the work as Extra Work. 18. CHANGES 18.1 A Change is: (a) An addition to the Services that is both (i) of a type and character similar to the Services as defined in the Contract Documents, and (ii) is located generally within the Surrey City Centre Library Building; or (b) A deletion of the Services indicated in the Contract Documents; or (c) An alteration of the Services indicated in the Contract Documents, within the general scope of the Services as described in the Contract Documents. 18.2 The City may without invalidating this Contract make a Change to the Services. If the City makes a Change to the Services, then the Department Representative, or, designate shall issue a Change Order. 18.3 Additional work that the City may wish performed that does not satisfy the requirements of subsections 18 (a) and (c) is Extra Work ("Extra Work") and not a Change. Extra Work may be declined by the Contractor or may, upon agreement between the parties, be undertaken as Extra Work. 18.4 The Department Representative, or designate may at any time give the Contractor a written request (a "Contemplated Change Order") to provide a Quotation for a specified Change that the City is considering. RFP (Services) No. 1220-030-2011-012 58 18.5 If the Department Representative, or designate gives the Contractor a Contemplated Change Order, then the Contractor shall, as part of the Services, respond as promptly as possible with a written price quotation (a "Quotation"). The Quotation shall comply with the following: (a) Any Quotation submitted by the Contractor for a Change, a Contemplated Change Order or for Extra Work shall, unless expressly stated otherwise in the Quotation, be interpreted to represent the total adjustment to the Contract Price (excluding HST) owing on account for the Services contemplated by the Quotation and for certainty shall be interpreted to include compensation on account of all related costs, including but not limited to all direct, indirect, or impact, head office, overhead, and all other costs, and all markups and profits, even if the Quotation does not specifically mention such items. 18.6 The Department Representative, or designate may at any time, by way of a Change Order, direct the Contractor to proceed with a Change and the Contractor shall comply with such direction. 18.7 The Contractor shall not proceed with any Services that the Contractor intends or expects to be treated as a Change without receiving a written Change Order approving the Services as a Change. 18.8 If for any reason the Contractor proceeds with Services that the Contractor intends to claim as a Change before a written Change Order is issued, then verbal approval must have been received and a written Change Order pending. The Contractor shall maintain daily records, and submit them before the end of the next day to the Department Representative, or, designate for certification. Notwithstanding any other provision of the Contract Documents, no payment shall be owing to the Contractor on account of any claimed Change if the Contractor fails to maintain and submit such records. However, the mere maintenance and submission of such daily records shall not create an entitlement for the Contractor to receive payment for the claimed Change and the Contractor's right to receive payment shall be as otherwise provided by the Contract Documents. 18.9 The Contractor shall not be entitled to rely on any oral representation (except in an emergency), site meeting discussion, site meeting minutes or other communication as approval that any Services are a Change. The Contractor shall strictly comply with the requirements of this section. 18.10 In an emergency, when it is impractical to delay the Services until the written authorization is issued, the Department Representative, or designate may issue an oral direction which the Contractor shall follow. In such event the Department Representative, or, designate shall issue a confirming Change Order at the first opportunity. 19. WASTE SITES 19.1 With respect to garbage, waste and waste water: (a) the Contractor shall select its own site(s) for disposal of debris, trash and unsuitable materials collected under the conditions of this Agreement. In no case shall debris, trash, and unsuitable materials be disposed of at the City Centre Library or on any properties adjacent thereto. The Contractor is responsible for RFP (Services) No. 1220-030-2011-012 59 (b) (c) any and all damage done or regulations violated in the disposal of waste material and for any other actions which the Contractor performs; the Contractor warrants that it will not produce or discharge in any manner or form, directly or indirectly, chemicals or toxic substances into the environment and that all vehicles and equipment used will not pose a hazard to, or harm, or adversely affect anyone coming into contact with them and covenants and agrees to provide the City with an environmental plan (where applicable), acceptable to the City, which plan shall outline the procedures to be followed by the Contractor to prevent the production or discharge of chemicals or toxic substances into the environment and the actions to be taken should the discharge occur; and the Contractor shall be responsible to take all necessary measures to comply with requirements of Federal and Provincial environmental regulatory agencies, City by-laws, the Environmental Management Act and any other applicable acts and regulations. 20. GENERAL 20.1 Entire Agreement This agreement, including the Appendices and any other documents expressly referred to in this agreement as being a part of this agreement, contains the entire agreement of the parties regarding the provision of the Services and no understandings or agreements, oral or otherwise, exist between the parties except as expressly set out in this agreement. This agreement supersedes and cancels all previous agreements between the parties relating to the provision of the Services. 20.2 Amendment This agreement may be amended only by agreement in writing, signed by both parties. 20.3 Contractor Terms Rejected In the event that the Contractor issues an invoice, packing slip, sales receipt, or any like document to the City, the City accepts the document on the express condition that any terms and conditions in it which constitute terms and conditions which are in addition to or which establish conflicting terms and conditions to those set out in this Agreement are expressly rejected by the City. 20.4 Survival of Obligations All of the Contractor's obligations to perform the Services in a professional and proper manner will survive the termination or completion of this agreement. 20.5 Cumulative Remedies The City’s remedies under this agreement are cumulative and in addition to any right or remedy which may be available to the City at law or in equity. RFP (Services) No. 1220-030-2011-012 60 20.6 Notices Any notice, report or other document that either party may be required or may wish to give to the other must be in writing, unless otherwise provided for, and will be deemed to be validly given to and received by the addressee, if delivered personally, on the date of such personal delivery, if delivered by facsimile, on transmission, or if by mail, five calendar days after posting. The addresses for delivery will be as follows: The City: Attention: The Contractor: Attention: 20.7 Unenforceability If any provision of this agreement is invalid or unenforceable, it will be severed from the agreement and will not affect the enforceability or validity of the remaining provisions of the agreement. 20.8 Headings The headings in this agreement are inserted for convenience of reference only and will not form part of nor affect the interpretation of this agreement. 20.9 Singular, Plural and Gender Wherever the singular, plural, masculine, feminine or neuter is used throughout this agreement the same will be construed as meaning the singular, plural, masculine, feminine, neuter or body corporate where the context so requires. 20.10 Waiver No waiver by either party of any breach by the other party of any of its covenants, obligations and agreements will be a waiver of any subsequent breach or of any other covenant, obligation or agreement, nor will any forbearance to seek a remedy for any breach be a waiver of any rights and remedies with respect to such or any subsequent breach. 20.11 Signature This Agreement may be executed in or one or more counterparts all of which when taken together will constitute one and the same Agreement, and one or more of the counterparts may be delivered by fax transmission. 20.12 Enurement This Agreement shall enure to the benefit of and be binding upon the respective successors and permitted assigns of the City and the Contractor. IN WITNESS WHEREOF the parties have duly executed this agreement as of the day and year first above written. CITY OF SURREY by its authorized signatory: __________________________ RFP (Services) No. 1220-030-2011-012 [CONTRACTOR] by its authorized signatory(ies): ______________________________ 61 Appendices 1 through 6 will be inserted here if an Agreement is assembled for execution and including the RFP and the successful Proposal. Appendix 1 – Scope of Services; Appendix 1-A – Regular Cleaning Task Schedule; Appendix 1-B – Project Specific Cleaning Task Schedule; Appendix 1-C – Regular Cleaning Performance Guidelines; Appendix 1-D – Additional Services Performance Guidelines; Appendix 1-E – Floor Plan Illustrations; Appendix 2 – Fees and Payment; Appendix 3 – Time Schedule; Appendix 4 – Personnel and Sub-Contractors; Appendix 5 – Additional Services; and, Appendix 6 – Contractor’s Technical Proposal RFP (Services) No. 1220-030-2011-012 62 SCHEDULE C FORM OF PROPOSAL JANITORIAL SERVICES AND CUSTODIAL MAINTENANCE SERVICES SURREY CITY CENTRE LIBRARY RFP (Services) No. 1220-030-2011-012 63 SCHEDULE C – FORM OF PROPOSAL RFP Project Title: JANITORIAL SERVICES AND CUSTODIAL MAINTENANCE SERVICES – SURREY CITY CENTRE LIBRARY RFP Reference No.: 1220-030-2011-012 Legal Name of Proponent: Contact Person and Title: Business Address: Telephone: Fax: E-Mail Address: TO: ACTING PURCHASING & AP MANAGER Finance & Technology Dept. Purchasing Section City of Surrey 6645 – 148 Street Surrey, B.C. Canada V3S 3C7 Dear Sir: 1.0 I/We, the undersigned duly authorized representative of the Proponent, having received and carefully reviewed all of the Proposal documents, including the RFP and any issued addenda, and having full knowledge of the Site, and having fully informed ourselves as to the intent, difficulties, facilities and local conditions attendant to performing the Services, submit this Proposal in response to the RFP. 2.0 I/We confirm that the following appendices are attached to and form a part of this Proposal: Schedule C-1 – Statement of Departures; Schedule C-2 – Proponent’s Experience, Reputation and Resources; Schedule C-3 – Proponent’s Technical Proposal (Project Services); Schedule C-4 – Proponent’s Technical Proposal (Project Timeline); and Schedule C-5 – Proponent’s Financial Proposal (Schedule of Prices). RFP (Services) No. 1220-030-2011-012 64 3.0 I/We confirm that this proposal is accurate and true to best of my/our knowledge. 4.0 I/We confirm that, if I/we am/are awarded the Agreement, I/we will at all times be the “prime contractor” as provided by the Worker's Compensation Act (British Columbia) with respect to the Services. I/we further confirm that if I/we become aware that another contractor at the place(s) of the Services has been designated as the “prime contractor”, I/we will notify the City immediately, and I/we will indemnify and hold the City harmless against any claims, demands, losses, damages, costs, liabilities or expenses suffered by the City in connection with any failure to so notify the City. This Proposal is submitted this _____________________ day of _________________, 201_. I/We have the authority to bind the Proponent. ____________________________ (Name of Proponent) _______________________________ (Name of Proponent) ____________________________ (Signature of Authorized Signatory) _______________________________ (Signature of Authorized Signatory) _______________________________ (Print Name and Position of Authorized Signatory) _______________________________ (Print Name and Position of Authorized Signatory) RFP (Services) No. 1220-030-2011-012 65 SCHEDULE C-1 - STATEMENT OF DEPARTURES 1. I/We have reviewed the proposed Contract attached to the RFP as Schedule “B”. If requested by the City, I/we would be prepared to enter into that Contract, amended by the following departures (list, if any): Section 2. Requested Departure(s) / Alternative(s) The City of Surrey requires that the successful Proponent have the following in place before commencing the Services: (a) Workers’ Compensation Board coverage in good standing and further, if an “Owner Operator” is involved, personal operator protection (P.O.P.) will be provided, Workers' Compensation Registration Number ___________________________; (b) Prime Contractor qualified coordinator is Name: Contact Number: ________________________. ___________________ and (c) Insurance coverage for the amounts required in the proposed Contract as a minimum, naming the City as additional insured and generally in compliance with the City’s sample insurance certificate form (available on the City's web site at www.surrey.ca (search "Insurance Certificates") titled City of Surrey Certificate of Insurance Standard Form); d) City of Surrey business license; e) If the Proponent’s Services are subject to HST, the Proponent’s HST number is _________________________________; and, f) If the Proponent is a company, the company name indicated above is registered with the Registrar of Companies in the Province of British Columbia, Canada, Incorporation Number ___________________. As of the date of this Proposal, we advise that we have the ability to meet all of the above requirements except as follows (list, if any): Section 3. Requested Departure(s) / Alternative(s) I/We offer the following alternates to improve the Services described in the RFP (list, if any): Section RFP (Services) No. 1220-030-2011-012 Requested Departure(s) / Alternative(s) 66 4. The Proponent acknowledges that the departures it has requested in Sections 1,2, and 3 of this Schedule C-1 will not form part of the Contract unless and until the City agrees to them in writing by initialing or otherwise specifically consenting in writing to be bound by any of them. RFP (Services) No. 1220-030-2011-012 67 SCHEDULE C-2 - PROPONENT’S EXPERIENCE, REPUTATION AND RESOURCES Proponents should provide information on the following (use the spaces provided and/or attach additional pages, if necessary): (i) Location of branches, background, stability, structure of the Proponent; (ii) An experience statement listing specific organizations for which the Proponent has performed services similar to those described in this Request for Proposal within the last five years. Experience must include at least five (5) years of Class “A” building experience. (iii) Proponent’s demonstrated ability to provide the Services including, without limitation, staff experience/qualifications, including training programs on-site and off-site, licenses and certifications relevant to the performance of the Services, length of time staff have been employed or retained, staff training and retention plans; (iv) Proponent’s corporate and personal references (name and telephone number). The City's preference is to have a minimum of three references for each category; and (v) Proponent’s financial strength (with evidence such as financial statements, bank references); (vi) Proposed Personnel: Provide a description highlighting the applicable skills, qualifications and experience for cleaning personnel that would potentially be assigned to this contract, keeping in mind that cleaning personnel are required to possess an excellent command of the English language, good communication skills, and previous experience. Name: Labour Category: Years of Work Experience: Qualifications: Responsibility: Name: Labour Category: Years of Work Experience: Qualifications: Responsibility: RFP (Services) No. 1220-030-2011-012 68 Name: Labour Category: Years of Work Experience: Qualifications: Responsibility: Name: Labour Category: Years of Work Experience: Qualifications: Responsibility: Name: Labour Category: Years of Work Experience: Qualifications: Responsibility: (vii) Proponent’s References Proponent to provide three references of recent successful performance of the Services where the requirements were similar to the City’s requirements as set out in the RFP. The City reserves the right to request site visits and demonstrations of existing Proponent operations. The City reserves the right to contact any person(s), agency(ies) or firm(s) not listed as part of an independent review. Reference #1 Name of client’s organization: Reference Contact Information: Name: Phone Number: Email Address: How long has the organization been a client of the Proponent? Describe the size and scope of the referenced project. Describe the nature of the work performed. Provide the start and end dates of the project duration, and any relevant comments. Description of the building and number of people occupying the building. Square Footage of the building Total Square Footage: Square Feet of carpeted area: Square Feet of hard surface floors: . RFP (Services) No. 1220-030-2011-012 69 Reference #2 Name of client’s organization: Reference Contact Information: Name: Phone Number: Email Address: How long has the organization been a client of the Proponent? Describe the size and scope of the referenced project. Describe the nature of the work performed. Provide the start and end dates of the project duration, and any relevant comments. Description of the building and number of people occupying the building. Square Footage of the building Reference #3 Name of client’s organization: Reference Contact Information: Total Square Footage: Square Feet of carpeted area: Square Feet of hard surface floors: Name: Phone Number: Email Address: How long has the organization been a client of the Proponent? Describe the size and scope of the referenced project. Describe the nature of the work performed. Provide the start and end dates of the project duration, and any relevant comments. Description of the building and number of people occupying the building. Square Footage of the building RFP (Services) No. 1220-030-2011-012 Total Square Footage: Square Feet of carpeted area: Square Feet of hard surface floors: 70 (viii) Sub-contractors: Proponents should provide the following information on the background and experience of all sub-contractors proposed to undertake a portion of the Services (use the spaces provided and/or attach additional pages, if necessary): (a) Legal Name of Sub Contractor Company: Contact Person and Title: Business Address: Telephone: Fax: E-mail Address: Description of Services to be Rendered: Sub-Contractor History, Experience including demonstrated abilities to perform the services outlined herein: Estimate of Annual Cost Allocation to this Sub Contractor: (b) Legal Name of Sub Contractor Company: Contact Person and Title: Business Address: Telephone: Fax: E-mail Address: Description of Services to be Rendered: Sub-Contractor History, Experience including demonstrated abilities to perform the services outlined herein: Estimate of Annual Cost Allocation to this Sub Contractor: RFP (Services) No. 1220-030-2011-012 71 SCHEDULE C-3 - PROPONENT’S TECHNICAL PROPOSAL (PROJECT SERVICES) The Proponent is to provide clear and express written statements to the following: (i) a narrative that confirms that you have reviewed the Scope of Services and the proposed project agreement and illustrates an understanding of the City’s requirements and Services; (ii) a description of the techniques, approaches and methods to be used in managing the project, including, but not limited to, the utilization of subcontractors (describe how you will manage performance of your subcontractors), a description of how the Contractor monitors that all tasks are performed, follows up on performance deficiencies, and reports to the client about these matters. Sample logs, reports or forms to be included; (iii) outline administrative controls, plans and processes to monitor and assure contract compliance of janitorial services and custodial maintenance. Include methods of quality control, contract administration, audits, management inspection programs, conduct and job performance standards, corrective action planning and follow-up reporting. Include details of your quality assurance program not covered in the performance requirements of the RFP, including reporting requirements to ensure compliance. RFP (Services) No. 1220-030-2011-012 72 SCHEDULE C-3 - PROPONENT’S TECHNICAL PROPOSAL (PROJECT SERVICES) (Cont’d) (iv) provide your risk management plan. Identify and describe risks including, but not limited to, safety of staff, clients, and City property. Describe how these risks will be managed, keeping in mind that, on occasion, cleaning staff will be required to work around the general public and staff. (v) provide details of your contingency plan for dealing with any disruption of services at the Facility. Specifically, describe your proposed service delivery model(s). Also, describe your proposed service migration plan that would allow for a seamless transition from your service delivery model to the service of another service provider. (vi) describe the janitorial services and custodial maintenance training your company will obtain or provide to its employees working at the Facility to meet and exceed the challenging performance requirements. (vii) briefly describe how your organization is an industry leader in the area the City wishes to contract for and how your organization could provide the performance standards/requirements outlined in this RFP. RFP (Services) No. 1220-030-2011-012 73 SCHEDULE C-3 - PROPONENT’S TECHNICAL PROPOSAL (PROJECT SERVICES) (Cont’d) (viii) The City’s objective is to continuously reduce costs and continuously improve service levels. Describe how your pricing model will accomplish this. Describe how your services, business model, processes and use of technology (equipment, management and/or software, etc.) will drive productivity improvements and cost reductions. (ix) Service Performance Requirements & Quality Assurance Plan – The Proponent will be required to develop and maintain a service performance and quality assurance plan. Explain how you would accomplish the following: (a) and measure and assess the janitorial and custodial maintenance services as needed; (b) measure and assess that the Service performance requirements are being met to ensure deficiencies are corrected before the level of Service becomes unacceptable to the City. (x) provide a statement of your commitment toward continuous improvement around environmental health, pollution prevention and efficient energy use. (e.g. eco-friendly cleaning supplies, consumables and techniques and methods of reducing waste and toxics); RFP (Services) No. 1220-030-2011-012 74 SCHEDULE C-3 - PROPONENT’S TECHNICAL PROPOSAL (PROJECT SERVICES) (Cont’d) (xi) Major Cleaning (Industrial/Commercial Quality) Equipment: Provide a list of all proposed major pieces of equipment to be used by the Proponent. Provide at a minimum the following information. Major Equipment description including quantity, make / model; Equipment Manufacturer; When Purchased; Condition of Equipment; and, When Last Received Preventive Maintenance (COPY AND APPEND ADDITIONAL SHEETS AS NEEDED) DESCRIPTION INCLUDING QUANTITY, MAKE/MODEL EQUIPMENT MANUFACTURER WHEN PURCHASED CONDITION OF EQUIPMENT (Use the rating scores shown below) WHEN LAST RECEIVED PREVENTIVE MTNCE. (Cleaning/Lubrication etc.) Rating Scores: 1= Equipment is functional, but requires immediate replacing; 2= Equipment is functional, scheduled to be replaced within the next 6 months; 3= Equipment is functional, well maintained and in good condition; 4= Equipment is functional, and in very good condition; 5= New Equipment, purchased within the past 3 months. Total market value of equipment: $_______________ RFP (Services) No. 1220-030-2011-012 75 SCHEDULE C-4 TIME SCHEDULE The Contractor will perform the Services in a manner which causes minimal interference to the users and occupants of the Facility. The Contractor will perform the Services during the Time Schedule as set out in this Schedule. The exact start and finish times for the Services will be agreed upon between the City and the Contractor. The Services will be performed with the least inconvenience to City personnel. Full consideration must be given where offices are occupied and the Contractor must arrange its work schedule accordingly. All work shall be started and completed at approximately the same time in each time period, unless otherwise specified or agreed to by the City. Specific cleaning schedules and any variations to the schedule must be approved by the City in writing in advance of the variation. 1. Daytime Services Monday through Friday with work hours 1:00 p.m. through 9:00 p.m. Saturday and Sunday with work hours 1:00 p.m. to 5:00 p.m. Work schedules are not subject to change without the prior written approval of the Department Representative, or, designate. 2. Regular Cleaning Monday through Friday with work commencing after 9:00 p.m. Saturday and Sunday with work commencing after 5:00 p.m. Work schedules are not subject to change without the prior written approval of the Department Representative, or designate RFP (Services) No. 1220-030-2011-012 76 SCHEDULE C-5 PROPONENTS FINANCIAL PROPOSAL Project/Contract: JANITORIAL SERVICES AND CUSTODIAL MAINTENANCE SERVICES SURREY CITY CENTRE LIBRARY Project/Reference No.: 1220-030-2011-012 From (Proponent): ___________________________________________________________ company name Summary Analysis of Service Cost: A. Maximum Guaranteed Price – Daytime Cleaning Services: B. Maximum Guaranteed Price – Regular Cleaning Services: $__________________ (i) Monday Through Friday $__________________ (ii) Saturday and Sunday $__________________ C. Sub Total (A + B): $__________________ D. Plus HST (12% of C): $__________________ E. Total Maximum Guaranteed Price (C + D): $__________________ RFP (Services) No. 1220-030-2011-012 77 SCHEDULE C-5 PROPONENTS FINANCIAL PROPOSAL Project/Contract: JANITORIAL SERVICES AND CUSTODIAL MAINTENANCE SERVICES SURREY CITY CENTRE LIBRARY Project/Reference No.: 1220-030-2011-012 From (Proponent): ___________________________________________________________ company name 1. FEES (SCHEDULE OF PRICES) Using the format of the following tables, provide the total cost breakdown for the Services, Equipment, Consumables and Additional Services of the Facility of the annual Service. Cost estimates should also describe the basis upon which the costs have been developed and must clearly identify any exclusions. Table 1 - Regular cleaning services (excluding additional services cleaning tasks which is priced separately): Provide full details of the labour costs for the First Full Contract Year of operations. Services Total Guaranteed Minimum Hourly Labour Rate Per First Full Contract First Full Number of Hours (Hrs.) Labour Category (Including Year ($) Contract Year Committed To This Site First All Labour Burden – Full Contract Year Overhead and Profit) First Staff Numbers Full Contract Year A B C D E Daytime Cleaning Services: Monday through Friday 1:00 pm. To 9:00 p.m. Saturday and Sunday Only 1:00 pm to 5:00 p.m. 1 2,340 hours $ $ 1 520 hours $ $ (carry this amount forward to Item A of the project financial summary analysis sheet): Regular Cleaning Services: Monday through Friday commencing after 9:00 p.m. Light Duty Work hours $ $ Medium Duty Work hours $ $ Heavy Duty Work hours $ $ Working Supervisor hours $ $ (carry this amount forward to Item B(i) of the project financial summary analysis sheet): $ Saturday and Sunday Only Commencing after 5:00 p.m. Light Duty Work hours $ $ Medium Duty Work hours $ $ Heavy Duty Work hours $ $ Working Supervisor hours $ $ (carry this amount forward to Item B(ii) of the project financial summary analysis sheet): RFP (Services) No. 1220-030-2011-012 $ 78 Table 2 – Hourly Labour Rates Occasionally, a need for cleaning outside the normal scope of this contract arises. The Contractor is expected to respond in a timely manner to requests from the City to perform an emergency clean up. The hourly rate for one person to perform emergency clean up is: HOURLY RATES ($) Normal working hours $ Outside normal working hours $ Saturday $ Sunday $ Public Holidays $ MINIMUM HOURS PER CALL-OUT (IF APPLICABLE) The foregoing prices shall include all labour burden, fixed costs, cleaning equipment and supplies, overheads and profits, HST extra, to cover the finished work specified in this Request For Proposals. 2. ADDITIONAL SERVICES (SCHEDULE A-3) Items in Proponents Financial Proposal make up the bulk of the basic required Services. It is anticipated that additional services may be required as set out in Schedule A-3. The City therefore reserves the right to negotiate Additional Services with the successful Proponent. Note: The City may negotiate for additional locations/services. The Proponent understands that the City reserves the right to reject any or all offers received for Additional Services and to obtain these Additional Services from other sources. No amount of work is guaranteed under this contract. 3. PAYMENT A cash discount of _____________% will be allowed if accounts are paid within ___________ days after receipt of an invoice or on a net 30 days basis. RFP (Services) No. 1220-030-2011-012 79 ATTACHMENTS JANITORIAL SERVICES AND CUSTODIAL MAINTENANCE SURREY CITY CENTRE LIBRARY RFP (Services) No. 1220-030-2011-012 80 Attachment 1 City Standard Certificate of Insurance (Example) RFP (Services) No. 1220-030-2011-012 81 ATTACHMENT 2 - PRIME CONTRACTOR DESIGNATION LETTER OF UNDERSTANDING As per the requirements of the Workers’ Compensation Act Part 3, Division 3, Section 118 (1-3), which states: Coordination of multiple-employer workplaces 118 (1) In this section: “multiple-employer workplace” means a workplace where workers of 2 or more employers are working at the same time: “prime Contractor” means in relation to a multiple-employer workplace, (a) the directing Contractor, employer or other person who enters into a written proposal with the City of that workplace to be the prime Contractor for the purposes of this Part, or (b) if there is no proposal referred to in paragraph (a), the City of the workplace. (2) (a) (b) (3) The prime Contractor of a multiple-employer workplace must ensure that the activities of employers, workers and other persons at the workplace relating to occupational health and safety are coordinated, and do everything that is reasonably practicable to establish and maintain a system or process that will ensure compliance with this Part and the regulation in respect to the workplace. Each employer of workers at a multiple-employer workplace must give to the prime Contractor the name of the person the employer has designated to supervise the employer’s workers at that workplace. By signing this proposal, the Contractor accepts all responsibilities of a Prime Contractor as outlined in the Workers’ Compensation Act, and WCB OH&S Regulation. As a Contractor signing this proposal with the City, you are agreeing that your Company, Management staff, Supervisory staff and workers will comply with the Workers’ Compensation Board (WCB) Occupational Health and Safety Regulation and the Workers’ Compensation (WC) Act. Any WCB violation by the Prime Contractor may be considered a breach of contract resulting in possible termination or suspension of the contract and/or any other actions deemed appropriate at the discretion of the City. Any penalties, sanctions or additional costs levied against the City, as a result of the actions of the Prime Contractor are the responsibility of the Prime Contractor. I, the undersigned, acknowledge having read and understand the information above. By signing this proposal, I agree as a representative of the firm noted below, to accept all responsibilities of the Prime Contractor for this project. I fully understand and accept the responsibilities of the prime Contractor designation in accordance with the Workers’ Compensation Act while contracted by the City of Surrey for project and will abide by all Workers’ Compensation Board Regulation requirements. Project File No: 1220-030-2011-012 Project Title: Janitorial Services and Custodial Maintenance – Surrey City Centre Library COS FORM 15e updated March 31, 2011 RFP (Services) No. 1220-030-2011-012 82 ATTACHMENT 3 - RISK, HEALTH & SAFETY Responsibility of Contractor(s) The City of Surrey strives to maintain a safe work environment for employees and Contractors and insists upon the enforcement of safe practices and procedures in all premises and in all work activities. It is essential that all Contractors and their employees and sub-Contractor(s) perform in the same manner. As a Contractor to the City of Surrey, you are expected to conform to the requirements of the Workers’ Compensation Act, the WCB Occupational Health and Safety Regulation and to all federal, provincial and local laws and regulations. Any City of Surrey employee has the authority to order an unsafe act to cease or to have an unsafe piece of equipment removed from the premises or, in extreme situations, to shut down a job entirely. The following information is provided as typical City of Surrey requirements, but does not relieve the Contractor from complying with all applicable local, provincial and federal laws, regulations and bylaws. PERSONNEL 1. You are expected to inform your employees of any potential hazard in the workplace and advise of appropriate action to be taken should a hazard be found or a fire or accident occur. 2. Contractors will restrict persons invited on the premises to employees only. No families or friends are permitted. 3. The Contractor will advise the City of any on-site accidents involving the Contractor’s employees, or injuries to others caused by the Contractor’s business. GENERAL SAFETY RULES 1. Horseplay, gambling and the use of alcohol or narcotics will not be tolerated. 2. Orderliness and good housekeeping are basic requirements and must be maintained at all times. 3. Any equipment, which could create a hazard, must be maintained in good condition. 4. Restricted and controlled products will be labeled, used and stored in accordance with the associated regulations, e.g. WHMIS. 5. Contractors will use a regular system of inspections to detect and correct hazardous conditions, safety violations and unsafe working practices on the job site. 6. Contractors will ensure their employees utilize proper safety equipment and clothing as required for job site activities. 7. Contractors must follow and have on site proper written safe work procedures for hazardous work, e.g. confined space entry, lockout, excavations and shoring, etc. 8. All ladders must be of an approved type and length. Unacceptable ladders must be removed immediately from the premises. 9. All vehicles and equipment on City property must be kept in safe mechanical condition at all times, and be operated only by persons with a valid driver’s license and/or proper training and qualifications. 10. Contractors will not operate any equipment, valves, switches, etc., which are part of the City’s operation, unless specific permission is received from the Department Representative. 11. Accumulation of oily rags, combustible refuse or similar fire hazards will not be tolerated. Your safety record and attitude are important criteria used to judge your qualification for future bidding on solicitations with the City of Surrey. You can help ensure employee safety and your eligibility for future business with the City if you exhibit and practice a “Safe Work - Safe City” attitude. COS FORM 15f UPDATED MARCH 30, 2011 RFP (Services) No. 1220-030-2011-012 83