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HomeMy WebLinkAbout25-259 - Contract - Accurate Electric Unlimited - Maintenance & Repair Services: Justice Center Camera Security SystemCity of Tukwila • 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 25-259 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Accurate Electric Unlimited (AEU) Jnr,, hereinafter referred to as "the Contractor," whose principal office is located at PO Box 871866 Vancouver, WA 98687. 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 OF 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 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. 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 $35,000.00 at a rate of 3. 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. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing August 1 , 20?, and ending December 31 , 2025, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. 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 defend, indemnify and hold the Public Entity, 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 Public Entity. CA Revised May 2020 Page 1 of 4 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, 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 RCW, 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. 7. 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. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. 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 -owned, 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 $2,000,000 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 Commercial 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 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. CA Revised May 2020 Page 2 of 4 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. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. 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 37 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. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the 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. 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. B. 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 Inspections. 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 this Agreement immediately. 11. 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assianment 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 Aareement: 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. CA Revised May 2020 Page 3 of 4 14. 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. 15. 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. 16. 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. DATED this 28th day of August 2025 CITY OF TUKWILA CONTRACTOR: Signed by: Thomas McLeod, Mayor ATTEST/AUTH ENTI CATED: Signed by: E6D��FF6R8a ... Andy Youn-Barnett, City Clerk APPROVED AS TO FORM: Signed by: C7I41S)L4a-,,t Office of the City Attorney By: U;�Af, Printed Name: Jordon William Dixon Title: President Address: Physical- 600 SE Maritime Ave Vancouver 1►Ti/_lIa901:1ew-,YAE:i�. Vancouver,:•: CA Revised May 2020 Page 4 of 4 EXHIBITA IN July 29,2025 RE: Tukwila Police Department Attention: Rebecca Ellison, Senior PO BOX 871866 VANCOUVER, WA 98687 OFFICE # 360-550-9901 FAX # 360-567-3320 Manager Police Support Operations Thank you for considering Accurate Electric Unlimited for your upcoming electrical projects. This proposal letter is based on your request. SCOPE OF WORK AEU proposes to: 1. Assess what facility security system problems can be addressed under current conditions. 2. Capture in detail what actions will be required to achieve the goals you have for reliability, retention, and access to recorded history. 3. Generate a site report suitable as a basis for future support. INCLUSIONS a. Travel, Perdiem, and all expenses, one engineer and one technician on site one day plus findings and recommendations report. DELIVERABLES AEU will provide a written findings report and recommendations within 2 weeks of site visit. COST of the above service: $3,990.00 If you accept this proposal and authorize work to begin, please sign, date and email orfax to 360-567-3320 for countersignature. Signature of authorized representative for the buyer: Printed Name: Rebecca Ellison ?07 Date: July 30, 2025 Po #: none Please feel free to contact me with any questions. You may reach me by email at i2Lh-.na� tui.-. acmc „,,, on my office phone (360) 550-9901, or on my cell (971)-325- 9246. Sincerely, �0" Z"9ru Integration Estimator Please Note - This offer is valid for (10) days from the date of this document unless noted otherwise above. No energized electrical work is included. This work is to be provided during normal operating hours. This offer is predicated upon the execution of a mutually negotiated contract and project schedule including, at the minimum, the attachment of this proposal as a contract exhibit. The quoted cost is based on a single mobilization. To the extent more than one mobilization is required for any reason other than the fault of AEU, AEU shall be entitled to a change order for an increase in price and/or time caused by the change in scope of work. When complete project information is made available then an alternate construction and payment method shall be renegotiated and agreed upon before work commences. Scheduled work cancelled or re -scheduled less than 36 hours before start time is subject to additional costs for re -scheduling which may include mobilization and or travel costs. Exclusions - Nothing is included that is not specified such as but not limited to: code corrections to existing electrical, changes required by AHJ, Washington State sales tax, light pole base engineering, seismic, fire alarm, Covid 19 related delay or schedule impact, sheetrock cutting/patching/painting of any kind, ceiling wires or slack wires, final cleaning, temporary lighting, temporary power, concrete saw -cutting, pouring, patching, flat work, bollards, core drilling, underground excavation, boring, or backfill, vac truck, raceway cleaning, raceway proofing, fire sealing, roof penetrations, fire caulking, or; Power, Communications, Tele, Data, or Utility fees Escalation - This budget proposal is conditioned upon the ability to complete the project at present prices for materials and equipment. If AEU is unable to complete the above-described project at current prices for materials and equipment, the contract sum shall be equitably adjusted to compensate for increased costs. A change in price of an item of material or equipment will be considered significant when the price increases 15% between the date of this budget and the date of the applicable work. Billing & Payment Terms - AEU will invoice the Customer typically at monthly intervals, and/or at the end of a project. Invoices will be sent via email to the Customer's designated representative. AEU reserves the right to bill for materials purchased, but not yet delivered or on site. The default due date for payment will be 30 days from the invoice date and will be listed on each invoice. Interest will accrue on late payments at a rate of 1.5% per month. Accurate ELECTRIC UNLIMITED, WC. COMMERCIAL - INDUSTRIAL 08/06/2025 RE: Tukwilla Cameras PO BOX 871866 VANCOUVER, WA 98687 OFFICE # 360-567-3330 FAX # 360-567-3320 WA LISCENSE- ACCUREU905ML OR LICENSE- C638 CCB- 191346 Thank you for considering Accurate Electric Unlimited with your upcoming electrical projects. The following proposal is based off findings from a site visit on 8/12 by Shirley Horton and Griffin Longtin. Please see the following for corrective measures to your facility. Base: • Provide and install one camera and associated network cabling at camera location #009. • Provide and install new network cable and associated flex conduit at camera location #97. • Provide and install one camera and associated network cabling at camera location #098 • Provide and install one camera location #013. • Provide labor to relocate existing camera location #13 to #16. Replace existing flex conduit at camera location #16. • Provide and install new network cabling to camera location #15. • Provide labor to correct blurred lens on camera at location #008. • Travel and per diem included. • Electrical permit included. TotalPrice.................................................................................................................................$25,500.00 Alt #1: • Provide labor to wipe down and clean all exterior cameras. TotalPrice...................................................................................................................................$1,440.00 Please feel free to contact me with any questions. You may reach me by email @ aireuiinc„coir.n., ,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, or on my cell at (253) 592-8958. Sincerely, lob'” Project Manager & Estimator If you accept this proposal and authorize work to begin, please sign, date and email orfax to 360-567-3320 for countersignature. Signature of authorized representative for the buyer: Printed Name: Date: PO #: Please Note - This offer is valid for (10) days from the date of this document unless noted otherwise above. Please note. No energized electrical work is included. This work is to be provided during normal operating hours. This offer is predicated upon the execution of a mutually negotiated contract and project schedule including, at the minimum, the attachment of this proposal as a contract exhibit. Project was bid without inclusions for disruption of continual work from start to finish. A remobilization fee will be charged if crews are unable to continue progress from incurred disruptions in work or access to the work area. When complete project information is made available then an alternate construction and payment method shall be renegotiated and agreed upon before work commences. Exclusions- Nothing is included that is not specified including: code corrections to existing electrical, changes required by AHJ, Washington State sales tax, light pole base engineering, seismic, security, burglar alarm, video surveillance, card access, Covid 19 related delay or schedule impact, sheetrock cutting/patching/painting of any kind, ceiling wires or slack wires, final cleaning, temporary lighting, temporary power, concrete saw - cutting, pouring, patching, flat work, bollards, core drilling, underground excavation, boring, or backfill, vac truck, raceway cleaning, raceway proofing, fire sealing, roof penetrations, fire caulking, or Power, Communications, and Tele data Utility fees included i.e.., aid to construction and systems development. Escalation - This proposal is conditioned upon the ability to complete the premises at present prices for materials and equipment. If AEU is unable to complete the above-described project at current prices for materials and equipment, the contract sum shall be equitably adjusted to compensate for increased costs. A change in price of an item of material or equipment will be considered significant when the price increases 15% between the date of this budget and the date of the applicable work. Billinq & Payment Terms - The Contractor will invoice the Customer typically at monthly intervals, and/or at the end of a project. Invoices will be sent via email to Customer's designated representative listed above. The Contractor reserves the right to bill for materials purchased, but not yet delivered or on site. The default due date for payment will be 30 days from the invoice date and will be listed on each invoice. Interest will accrue on late payments at a rate of 1.5% per month.