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HomeMy WebLinkAbout12-025 - Custom Security Systems (Ace Fire) - 6300 Building Fire Alarm Upgrade02-09-'12 07:20 FROM- 'Tukwila t; Long SYIop ZObL41bbb1 Contract No. 12 -025 Council Approval 3/5/12 Project PA 911 30303.3000.176 Budget 303.98.594.190.48.00 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Custom Security Systems, hereinafter referred to as "the Contractor whose principal office is located P.O. Box 3107, Lacey, WA 98509. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION Ok the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform the 6300 Building Fire Alarm System Upgrades and those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any finds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $415,821.37 inclusive of all applicable state and local sales taxes. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maxitnum limits set forth in this Agreement. The Contractor shall request prior approval front the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This .Agreement shall be in full force and effect for a period commencing February 7, 2012 and ending .Lune 30, 2012 unless sooner terminated under the provisions hereinafter specified. 5. Independent Conti-actor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, ornission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and. employees, the Contractor expressly waives its immunity under "Title 51 of the .Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnity, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting fi the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except WAShared Copy UnlvNRogerlCON'17ZAC'I' Custom Security.ducx �d /G1A1,q-e_S kn 2/9/2012 Page 1 of 02- 09 -'12 07:21 FROM- Tukwila G Long Shop 2062415661 1`3b8 t'IOU /IOldy 1~ upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically ,result in termination ofthis Agreement. B. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keening and Renortiim A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. 13. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Insaections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate tills Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are nurtually agreed upon shall be incorporated by written amendments to this Agreement. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 15. Annlicable Law; Venue; Attornev's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County Washington. The revailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this--21 day of mot', 20 6 'z.. CITY OF T WILA By: L Title: ItFICATED: n, M 3 ATTE Christy O'Fla�fy, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney By-'A'_0 -oo A W:\.Shared Copy Only\Itoger \CON "CRAG "1' Custom Smirity.doex 2/9/2012 CONTRACTOR: A4 q I/- 'D 9 A C��Gbiyc s�v� r Cy-r FiF SAW By:_ Title:. Printed Name: Address: •,p� LVI Date approved by City Council: 3 1 5 2. (Applicable if contract amount is over $40,000) Page 2 of 2 uda CERTIFICATE ®F LIABILITY SURANCE DATE22 /DD012 i4 CORD oz /2z /zo12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Berrian Insurance Group, Inc. 10375 Park Meadows Drive Suite 220 Littleton, CO 80124 INSURED Alarm Center, Inc. dba Custom Security Systems P.O. Box 3407 Lacey, WA 98509 NAME Brian Zilverberg PH/c°° ,"ro,EXC): (303)327 -5991 F A// Ne) (303)795 -5833 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC INSURER A: First Mercury Insurance Co I 10657 INSURER B: Scottsdal Insurance Company 1 41297 INSURER C: I INSURER D: INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER: 11 -12 Custom Security Sys REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PO LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. D 1'WI TYPE OF INSURANCE I INSRI WVD POLICY NUMBER (MM/ DDS) (MM/DD/YYYY) LIMITS GENERAL LIABILITY FMMIO21057 -3 11/01/2011 11/01/20121 EACH OCCURRENCE 1,000,000 7 COMMERCIAL GENERAL LIABILITY I PREMISES (Ea occurrence) I 50,000 I CLAIMS -MADE FXI OCCUR I MED EXP (Any one person) I 5,000 A I X I Errors Omissions X I PERSONAL& ADV INJURY I$ 1,000,000 GENERAL AGGREGATE I 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS COMP /OP AGG I$ Z ,000,000 POLICY n JEo n LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS -MADE DED I X I RETENTION 0 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEt -7 OFFICER /MEMBER EXCLUDED? u N/A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below A Stop Gap Liability UUMoiNtU b1NULt LINI1 i (Ea accident) I BODILY INJURY (Per person) I BODILY INJURY (Per accident) I �PROPER'fY�AIRAGt (Per accident) I I XLS0078037' 11/01/2011 11/01/20121 EACH OCCURRENCE I 10, 000, 000 I AGGREGATE I 10, 000, 000 FMMIO210 5 7 3 11/01/2011 11101/2012 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) :ity of Tukwila is added as an additional insured. RECEIVEr) FIFO' 2 7 20'12 0, LONG Shier CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Tukwila AUTHORIZED REPRESENTATIVE 14000 Interurban Ave. Tukwila, WA 98168 Joel Berrian ©1988 -2010 ACORD CORPORATION. All rights reserved ORY LIM TS I E E.L. EACH ACCIDENT I E.L. DISEASE EA EMPLOYEEI E.L. DISEASE POLICY LIMIT I 1,000,000 ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD O2/05/2012 04 :05 3602521507 FRONT DESK PAGE 02/05 January 30 2012 6300 Building 6300 South Center Blvd Tukwila, WA Phone: 206 -571 -6291 Fax: 206-241-5661 Rc: Tukwila City.l-lalI Attn. Roger Thank you for the opportunity, to present to you, our investigation results to determine the viability an.d installation demands in meeting your requirement per previously estabii.shcd parameters. We feel the proposed system would meet those requirements DESIGN CONCEPT As per design proposal. Scope of World FIRE SYSTEM: Our design, as per requirements, would provide for a complete stand. -alone System. This is achieved by the installation of the provided equipment. Bid (Turn Key) (Ace Fire Security) Providea, flans, devices, wire, installation and final inspection with local jurisdiction included, Does not include conduit if required. Bid (1i lectrical Sub) pulls wine Trim devices. Ace Fire Seelrrity, supply, Fire Alarm Nvices, Mans and Permits, 'Trim Program Fire Panel and FjaAl Inspection with local 3uri9dietion, Permits The permit cost will be billed out separately. The estimated cost will be approximately $500.00 for both A -Bid and .D -Bid each. Dote: Upon submittal of "plans' to tite Fire Marshal /County, lead time back to dealer is generally 2 -3 weeks. This is a basic gaideline and is subiect to change, Fire Marshal /County must sign plans before work nay start, Provided Equipment Headquarters, P.O. Box 3407, Lacey, WA 98509 -3407 02/05/2012 04:05 3602521507 FRONT" DESK PAGE 03/05 k z Q -Bid Silent: Knight 5808 Analog/Addrassable I;ire.Alarm Control Panel 1 Silclit Knight 5860 Remote LCD Annuciator. i Addressable Input Module 4 .Addressable Relay Modulo 3 Addressabl.o Smoke Detector 5 Addressable Manual full Station. 6 Hom /Strobe 45 Strobe Light 108 Wea.therproof Horn /Strobe 1 Silent Knight 5496 1 Fire Sprinklcr 5 Elevator Recall 3 Power Supplies 2 Schedule of Values Bid (Turn Kcy) TOM.. Amount (to be billed on a billing schedule, sec exhibit A):............$ 49,$46 plus sales tax (whi includes plans and permits) Exclusions Underground, conduit, excavation, repairs of existing system if any, after how's labor, rack and or rack modification, labor factor is based upon flee and unencumbered access to all site areas and. single start/stop cycle. Terma Prices are valid for 30 Days from date of proposal. Upon execution of contract, customer will provide 1/3 deposit with order, dimafrer progress billings, as per exhibit A, until project completion. Thank you again for the opportunity, to partner our,joint interest, in the success of this project. 1f T can be of any further help or if you. should have any questions concerning tfiis proposal, please feel free to contact me at any time. Sincerely, Gary Nino Custom Security rlrnr7c]rn nn n7 'I) a 7. nA r•r)r1M nrr]7Ce).1 Qnr7 T(1_ rnnr•