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HomeMy WebLinkAbout23-010 - Contract - B-Force Protection Security, Inc - 2023-2025 Park Security ServicesCity of Tukwila Agreement Number: 23-010(b) Council Approval 6/16/25 • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and B -Force Protection Security Inc. That portion of Contract No. 23-010 between the City of Tukwila and B -Force Protection Security Inc. is hereby amended as follows: Section 2: The date by which work shall be completed is hereby amended to be no later than September 30th, 2025. Section 3: The total amount to be paid under the contract is hereby amended to $218,442.24. Exhibits A & B: Exhibits A & B are hereby replaced by the new exhibit versions attached to this amendment. All other provisions of the contract shall remain in full force and effect. CA Reviewed May 2020 Page 1 of 4 of 6200 Southcenter Boulevard, Tukwila WA 98188 (D Dated this 24th day of June, 2025. CITY OF TUKWILA Initial Signed by: 'TD Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: Jenni erars all eputy City Clerk APPROVED AS TO FORM: Signed by: 0 Office o tie'Ay tbrney CONTRACTOR: DocuSigned by: By:��t, �iaSalnbwG Printed Name -Eddie Hasanovi c Title: 'din Hasanovic CA Reviewed May 2020 Page 2 of 4 of 6200 Southcenter Boulevard, Tukwila WA 98188 (D EXHIBIT A.2 General Terms and Scope of Services Scope of Services — Contractor will provide the following services at identified park locations. Locking park gates: Locking park gates. Lock any open bollards to secure parking area. Call for towing any vehicles left in violation of parking lot rules. Locking park restrooms: Ensure restrooms are clear of people. Patrol Through: Provide perimeter and interior patrol of parks location and facilities Park Name & Address Service Description Frequency FY25 Cost Tukwila CommunityCenter • Lock the Restroom, 12424 42 Ave S Unlock on weekends 7 days/week $6,814.08 & holidays Crestview Park a Lock the gate, 16200 42nd Ave S Unlock on weekends 7 days/week $6,814.08 & holidays Crystal Springs Park • Lock the restroom 7 days/week $6,814.08 15832 51 st Ave S • Patrol through Tukwila Park • Lock the restroom 7 days/week $6,814.08 15460 65th Ave S • Patrol through Bicentennial Park Lock the restroom 7 days/week $6,814.08 7200 Strander BLVD Foster Park/Lee Phillips • Lock the restroom 7 days/week $6,814.08 13919 53rd Ave S Cascade View Community Park Patrol Through 7 days/week $6,814.08 14211 37th Ave S Duwamish Hill Preserve ' Lock the gate, 3800 S 115th St Unlock on weekends 7 days/week $6,814.08 & holidays Codiga Park 0 Lock the gate, 50th PI S Unlock on weekends 7 days/week $6,814.08 & holidays BASE FY25 SERVICES COST $61,326.72 Allowance for Additional Services if Needed $7,115.52 TOTAL FY25 CONTRACT COST $68,442.24 Initial DS CA Reviewed May 2020 page 3 of 4 of 6200 Southicenter Boulevard, Tukwila WA 98188 (D Exhibit B.2 Contract Terms, Deliverables & Payment Contractor shall be paid monthly based on the scope identified in Exhibit A. The contractor will provide an invoice for payment each month for services rendered. Total compensation is not to exceed $218,442.24 without the express modification of the agreement signed by the City by written amendment. Initial DS CA Reviewed May 2020 Page 4 of 4 Amendment #1 Between the City of Tukwila and B -Force Protection Security Inc. That portion of Contract No. 23-010 between the City of Tukwila and B -Force Protection Security Inc. is hereby amended as follows: Section 2: The date by which work shall be completed is hereby amended to be no later than June 30tH 2025. Section 3: The total amount to be paid under the contract is hereby amended to $198.000.00 at a rate of $6,818.08/month for services provided January 1St, 2025 and forward. Exhibits A & B: Exhibits A & B are hereby replaced by the new exhibit versions attached to this amendment. All other provisions of the contract shall remain in full force and effect. Dated this 12th day of December, 2024. CITY OF TUKWILA aSigned by: F-14o's hak4 Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: E@�Dp#4•F Andy Youn, CMC, City Clerk APPROVED AS TO FORM: Signed by: Office of the City Attorney CONTRACTOR: uSigned by: By: rJh' (uSatnAmu FCA5B3D121254FF... Printed Name:Eddie Hasanovi c Title: Edin Hasanovic CA Reviewed May 2020 Page 1 of 1 EXHIBIT A.1 General Terms and Scope of Services Scope of Services — Contractor will provide the following services at identified park locations. Locking park gates: Locking park gates. Lock any open bollards to secure parking area. Call for towing any vehicles left in violation of parking lot rules. Locking park restrooms: Ensure restrooms are clear of people. Patrol Through: Provide perimeter and interior patrol of parks location and facilities Park Name & Address Service Description Frequency FY25 Cost Tukwila Community • Lock the Restroom, Unlock on Center weekends & holidays 7 days/week $4,542.72 1242442 nd Ave S Crestview Park • Lock the gate, Unlock on 7 days/week $4,542.72 16200 42nd Ave S weekends & holidays Crystal Springs Park • Lock the restroom 7 days/week $4,542.72 15832 51 st Ave S • Patrol through Tukwila Park • Lock the restroom 7 days/week $4,542.72 15460 65th Ave S • Patrol through Bicentennial Park • Lock the restroom 7 days/week $4,542.72 7200 Strander BLVD Foster Park/Lee • Lock the restroom Phillips 7 days/week $4,542.72 1391953 rd Ave S Cascade View • Patrol Through Community Park 7 days/week $4,542.72 14211 37th Ave S Duwamish Hill • Lock the gate, Unlock on Preserve weekends & holidays 7 days/week $4,542.72 3800 S 115th St Codiga Park • Lock the gate, Unlock on 7 days/week $4,542.72 50' PI S weekends & holidays BASE FY25 SERVICES COST $40,884.48 Allowance for Additional Services if Needed 1 $7,115.52 TOTAL FY25 CONTRACT COST 1 $48,000.00 Exhibit B.1 Consulting Terms, Deliverables & Payment Contractor shall be paid monthly based on the scope identified in Exhibit A. The contractor will provide an invoice for payment each month for services rendered. Total compensation is not to exceed $198,000 without the express modification of the agreement signed by the City by written amendment. City of Tukwila Contract N umber. 23-010 Council Approval 1/23/23 if 6200 Southcenter Boulevard, Tukwila WA 98188 CITY OF TU KWI LA Short Form Contract Contractor/ Vendor Name: B -Force Protection Security Inc. Project No, Address: 16432 Military Rd S Seatac, WA 98188 Budget Item. - Telephone: (206) 334-3459 Project Name: Park Security services Please Initial all attachments, then sign and return copies one and two to: City of Tukwila, CitX Clerk Department, 6200 South,center Boulevard, Tukwila, Washington 96188. Retain copy three for your records until a fully executed copy Is returned to you. AGREEMENT This Agreement, made and entered into this X17"' day of January 2023, by and between the City of Tukwila, hereinafter referred to as "City", and - B -Force Protection Security Inc. , hereinafter referred to as "Contractor." The City and the Contractor hereby agree as follows: SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The Contractor shall perform 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 funds 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. TIME OF COMPLETION. The work shall be commenced on FebruarV 1st 2023 and be completed no later than December 313', 2024 . 3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services rendered according to the rate and method ; set forth on Exhibit B attached' hereto and incorporated herein by this reference. The total amount to be paid shall not exceed §150,000 at a rate of 16084/mo.. , except by written agreement of the parties. 4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 5. PAYMENTS. The City shall make payments on account of the contract at completion of the project. 6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of the work, provided the contract is fully performed and accepted. 7. CONTRACT DOCUMENTS. The contract includes this Agreement, Scope of Work and Payment Exhibit. CA revised May 2020 page 1 The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. 8. MATERIALS, APPLIANCES AND EMPLOYEES. Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work, Unless otherwise specified, all material shall be new, and both workmanship and, materials shall be of good quality. Contractor warrants, that all workmen and subcontractors shall be skilled in their trades. 9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor.. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. 10. PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to any act or neglect. 11. ACCESS TO WORK. The Contractor shall permit and: facilitate observation of the work by the City and its agents and public authorities at all times. 12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra, cost must be made in writing before executing the work involved. 13. CORRECTION OF WORK. . The Contractor shall re -execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as, well as, to work done by direct employees of the Contractor. 14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees, fit, and it the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but it such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. 15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, lions filed„ damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. 16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. CA revised May 2020 Page 2 A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits, described below: I , Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non-ownie,d', hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,00O products -completed operations aggregate limit, Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Comm ercl al General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured' -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess, or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed" with insurers with a current A, M, Best rating of not less than: A: VII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work, F. Subcontractors. The Contractor shall cause each: and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 Si 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. CA revised May 2020 Page 3 H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business -days notice to the Contractor to correct the breach,, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a performance bond at 1010% of the amount of the contract and in a form acceptable to the City. In lieu of bond for contracts less than, $25,000, the City may, at the Contractor's option, hold 5% of the contract amount as retainage for a period of 30 days after final acceptance or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any lions, whichever is later. 18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lion could be filed, or a bond satisfactory to the City indemnifying the City against any lien. 19. SEPARATE CONTRACTS. The City has the right to execute other contracts, in connection with the work and the Contractor shall properly cooperate with any Such other contracts, 20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. 21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work, shall remove from the premises all rubbish, implements and surplus materials and leave the premises clean. 22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless, from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to ROW 4.24,11 5, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 ROW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. 24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 25. ENTIRE AGREEMENT,• MODIFICATION. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between, the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 26. SEVERABILITY AND SURVIVAL. If any term, condition, or provision of this Agreement is declared' void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended; to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised May 2020 Page 4 27. NOTICES. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcen,ter Blvd, Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 28. APPLICABLE LAW; VENUE,• ATTORNEY'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 prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA ............................. By: Signature Printed Name., Allan Ekberg, Mayor 02-01-2023 Date: ATT EST/ALITHENTIC ATE D: . .......... City Clerk, Christy O'Flaherty ,.TWO � ,602fez 191:1 kh I BY: ..................... 1 -� 4-1 -47 111,171 Office of the City Attorney By: Signature Edin Hasanovic Printed Name: Owner Title: 01-17-2023 Date - CA revised May 2020 Page 5 EXHIBIT A General Terms and Scope of Services Scope of Services — Contractor will provide the following services at identified park locations. Locking park gates: Locking park gates. Lock any open bollards to secure parking area. Call for towing any vehicles left in violation of parking lot rules. Lacking park restrooms: Ensure restrooms are clear of people. Park Name & Address Service Description Frequency Annual Cost Tukwila Community . Lock the Restroom, Unlock on 7 days/week $9,125 Center weekends & holidays 1242442 d Ave S Crestview Park . Lock the gate, Unlock weekends 7 days/week $9,125 16200 42nd Ave S and holidays Crystal Springs Park . Lock the restroom plus patrol 7 days/week _. $9,125 15832 51 st Ave S through Tukwila Park . Lock the restroom plus patrol 7 days/week $9,125 154601 65th Ave S through Bicentennial Park . Lock the restroom 7 days/week $9,125 7206 Strander BLVD Foster Park/Lee . Lock the restroom 7 days/week $9,125 Phillips 13919 53rd Ave S Cascade View • Patrol Through 7 days/week $9,125 Community Park 14211 37th Ave S Duwamish Hill • Lock the gate, Unlock on 7 days/week $9,125 Preserve weekends and holidays 3800 S 115th St Allowance for Additional Services if Needed $2,000 TOTAL ANNUAL CONTRACT COST $75,004 TOTAL FY23IFY24 BIENNIUM CONTRACT COST $150,000 Exhibit B Consulting Terms, Deliverables & Payment Contractor shall be paid monthly based on the scope identified in Exhibit A. The contractor will provide an invoice for payment each month for services rendered. Total compensation is not to exceed $150,000 ($75,000 per fiscal year for both FY23 and FY24) without the express modification of the agreement signed by the City by written amendment.