HomeMy WebLinkAboutE3 Solutions Inc. - Law and Justice Center - Security Camera ProjectAGREEMENT 22045S
LAW AND JUSTICE CENTER - SECURITY CAMERA PROJECT
THIS AGREEMENT, entered into this 30 day of October, 2020, between the City of Yakima, a Washington
municipal corporation ("City"), and e3 Solutions ("Contractor).
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Scope of Work
The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively
referred to as "Services") according to the procedure outlined in the specifications of Quote #22045S Titled Law and
Justice Center Security Camera Project and the quote documents, which are all attached and incorporated herein as
Exhibit A, and any applicable construction standard(s), which are by this reference incorporated herein and made a
part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part
thereof.
Work is estimated to be completed within thirty (30) days after Notice to Proceed. Final work schedule shall be
coordinated with Project Coordinator Stephen Yu at (509) 575-6056.
The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may
be required for the transfer of materials and completing the work provided for in this Contract and every part thereof,
except such as are mentioned in the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit A, attached hereto and incorporated herein, which Exhibit
includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the
time and in the manner and upon the conditions provided for the Contract.
3. Change Orders
Any proposed change in this Contract shall be submitted to the other party, as listed herein, for its prior written approval.
If approved, change will be made by a contract modification that will become effective upon execution by the parties
hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized
and is not valid. Contractor may be required to provide a detailed cost estimate for the proposed change.
4. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative
of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests
accruing from this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does
hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and
shall be surrendered to the City upon demand. All information concerning the City and said project which is not
AGREEMENT 22045S LEGAL CENTER SECURITY CAMERA PROJECT
otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in
whole or part, now or at any time disclose that information without the express written consent of the City.
7. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval
of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve
Contractor of responsibility for performance of the Services in accordance with this Contract,
notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the
ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send
copies of the requested documents to the City. Contractor's records relating to the Services will be
provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the
Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final
payment of the compensation payable under this Contract, or for a longer period if required by law or by
the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the
City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books,
documents, papers and records which are related to the Services performed by Contractor under this
Contract.
c. All records relating to Contractor's services under this Contract must be made available to the City, and
the records relating to the Services are City of Yakima records. They must be produced to third parties,
if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All
records relating to Contractor's services under this Contract must be retained by Contractor for the
minimum period of time required pursuant to the Washington Secretary of State's records retention
schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property
of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any
other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract,
the Contractor shall deliver these materials to the City.
9. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year
following the date of completion and acceptance of the Services.
10. Compliance with Law
To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal
regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes.
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits,
licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work.
AGREEMENT 22045S LEGAL CENTER SECURITY CAMERA PROJECT
a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License
and pay all charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington State Contractor Registration number.
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration
number, as required in Title 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.101 or 36.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
11. Prevailing Wages
The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work.
a. RCW 39.12.010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to
determine the appropriate prevailing wage rate for the services being provided.
b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before
an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay
Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a
public work project, and before any final money is disbursed, each Contractor and Subcontractor must
submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and
Industries.
c. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the
Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall
be the responsibility of the Contractor.
The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima
County, may be found at the following website address of the Department of Labor and Industries:
https://fortress.wa.qov/Ini/wagelookup/prvWagelookup.aspx.
,
Based on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of
determining prevailing wages is the quote date, March 26, 2020.
A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office,
located at 129 N 2nd Street, Yakima, WA 98901. Upon request, the City will mail a hardcopy of the applicable prevailing
wages for this project.
12. Certified Payroll for Non -Federally Funded Projects
Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee
information such as last name, SSN and address, redacted in accordance with RCW 42.56.230, in order to provide for
public records requests.
AGREEMENT 22045S LEGAL CENTER SECURITY CAMERA PROJECT
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The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City
determines, in its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to
comply with any applicable law.
RCW 42.56.230 (7)(a) Personal information Exemption: Any record used to prove identity, age, residential address,
social security number, or other personal information required to apply for a driver's license or identicard.
RCW 39.12.010 (4): An "Interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor,
an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of
employment are affected by this chapter, and the director of labor and industries or the director's designee.
WAC 296-127-320 Payroll:
(1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works
project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation,
straight time rate, hourly rate of usual benefits as defined by WAC 29H 2I 0°1, (1), and overtime hours worked each
day and week, including any employee authorizations executed pursuant to WAC " i i 27- 22, and the actual rate of
wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works
project.
(2) A Contractor shall, within ten days after it receives a written request, from the department or from any interested
party as defined by RCW 39.12.010(4), file a certified copy of the payroll records with the agency that awarded the
public works contract and with the department.
(3) A Contractor's noncompliance with this section shall constitute a violation of RCW 39,12.050.
13. Nondiscrimination
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin,
sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of
any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW
chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.).
This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision
of Services under this Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such
rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for any future City contracts.
14. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or
property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed
officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses,
liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and
expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent
acts or omissions of Contractor, its officials, officers, employees or agents.
b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent
acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers,
employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its
AGREEMENT 22045S LEGAL CENTER SECURITY CAMERA PROJECT
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proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or
costs and expenses, including reasonable attorneys' fees.
c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work
is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless
obligations set forth above in Section (a) shall operate with full effect regardless of any provision to the
contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to
fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in
section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically
assumes all potential liability for actions brought by employees of the Contractor against the City and its
elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have
mutually negotiated this waiver. Contractor shall similarly require that its Subcontractors, and anyone
directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable
in connection with its performance of this Agreement, shall comply with the terms of this paragraph, waive
any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their
respective employees. The provisions of this section shall survive the expiration or termination of this
Agreement.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
e. The terms of this section shall survive any expiration or termination of this Contract.
15. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force
insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits
should it deem it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate.
This Certificate of insurance shall be provided to the City, prior to commencement of work.
The following insurance is required:
a. Commercial Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall
provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum
liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and
property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries
higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and
the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named
as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its
elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the City
prior written notice. The insurance shall be with an insurance company or companies rated A-VII or
higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as
well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to
AGREEMENT 22045S LEGAL CENTER SECURITY CAMERA PROJECT
5
and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this
contract.
b. Automobile Liability Insurance.
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown
on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials,
employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits.
The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees,
agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will
not cancel or change the insurance without first giving the City prior written notice. The insurance shall
be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the
State of Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or
qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability
shall include Hired and Non -Owned coverage if necessary.
c. Employer's Liability (Stop Gap):
Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent
applicable, and shall maintain Employer's Liability insurance with a limit of no less than
$1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its
employees for services performed under the terms of this Contract. Contractor agrees to assume full
liability for all claims arising from this Contract including claims resulting from negligent acts of all
Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as
needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's
liability or responsibility.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Contract. Any insurance, or self-insurance maintained by the City shall be in excess of the Contractor's insurance
and shall not contribute to it.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full
force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required
insurance may be sufficient cause for the City to terminate the Contract.
Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, elected and appointed officials, employees, agents,
attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence.
16. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid,
such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term,
condition or application. To this end, the terms and conditions of this Contract are declared severable.
AGREEMENT 22045S LEGAL CENTER SECURITY CAMERA PROJECT 6
17. Contract Documents
This Contract, the Invitation to Quote #21904S, Scope of Work, conditions, addenda, and modifications and
Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and
are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively,
supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing
Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract.
18. Termination - Convenience
This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become
effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract.
19. Termination - Cause
The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of
Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions
contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days
after the notice is mailed first class mail, certified with retum receipt requested.
20. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in
transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending
or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for
a period equal to the time lost due to the reason for delay.
21. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
22. Venue
The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County,
Washington.
23. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized
by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and
provisions of this Contract.
24. Notice
Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered
in person or by ovemight courier, facsimile or first class mail, certified with retum receipt requested. Notices to the parties
shall be delivered to:
AGREEMENT 22045S LEGAL CENTER SECURITY CAMERA PROJECT 7
TO CITY: City of Yakima Purchasing
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: e3 Solutions
PO Box 72
Yakima, WA 98907-0072
25. Survival
The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in
rdance with their terms.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
cIJY iflMA
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City Manager
Date:,
City Clerk
CITY CONTRACT N6.
RESOLUTION NO*
Date:
Print name)
k,ark).
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AGREEMENT 22045S LEGAL CENTER SECURITY CAMERA PROJECT 8
EXHIBIT A
e3 Solutions Inc.
P.O. Box 72 • Yakima, WA 98907-0072
Phone (509) 452-0240 • Fax (509) 452-3001 • Toll Free (866) 452-0240
On the Web at http://www.ecubedsolutions.com
March 26, 2020
City of Yakima
129 N. 2nd Street
Yakinia, WA 98901
RE: Law and Justice. Center Camera Upgrades
PleaSe'consider onr proposal for this project based on our survey of the sit
by the City and discussions with my lead Video Surveillance tecluncian.
provided
Due to ongoing questions about potential blocking of the view by trees lining the south side of
the building, this proposal does not include any new camera on the south side of the building.
We can address this as an addition to this proposal, but I feel that no matter where we install a
camera on that side of the building the view would be seriously limited.
Additionally, the initial request includet 2 cameras to view the main lobby (C49 and C50) and
based on our discussions we will utilize a single Dual -Lens camera for this area.
As such, including the 2 cameras in the south employee parking area we will have a total of 25
new cameras and 4 new Milestone Camera Licenses.
NOTE: It is our plan ro replace the SW Parking Lot camera with a dual lens 5MP Camera that
should give high resolution coverage to the entire parking lot. The camera at the NE corner will
be a 51V1P Varifocal lens camera to allow us vaty the zoom based on the view requested.
Please note that the cabling costs for cameras C39 and C42 are based on cable num* ro the
small closet in the attorney conference room at the east side of the building. If these cables must
be installed to a different location there may be additional costs.
Materials Included in this Proposal:
• 8 — Hanwha XNV-6010 1080P Vandal Resistant Dome Cameras
• 9— Hanwha XND-6010 1080P Indoor Dome Cameras
• 2 — Hanwha PNM-7000VD 1080P Dila! Lens Donie Cameras
• 2 — Hanwha PNM-9000VD 2MP Dual Lens Dome C'ameras
• 1 Hanwha XNE-8010R 6MP360° Fisheye Lens Dome Camera
• 1 Hanwha XNV-8080R SNIP Varifocal Lens Camera
• 2 — Altronix EBRIDGE1PCRMT Network over Coax Extenders
• 5000' — Berk Tek Cat 6 Network Cable
• 1 — Misc. camera mounting hardware, RJ45 Connectors, etc.
• 4 — Milestone XProtect Professional + Camera Licenses with 1-year Care +
Materials Cost $ 17,013.87
Estimated Installation Labor (WA State Prevailing Wage) $ 12,544.00
All Bid and Proposal Pricing Valid for 15 Days
All information contained herein, including but not limited to, oral statements, computer files, drawings, personnel
files, professional references, and other material or data supplied to the client is confidential and privileged.
AGREEMENT 22045S LEGAL CENTER SECURITY CAMERA PROJECT 9
Peaxrits nd Fees $ 362.80
Prices above do not include sales is
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AGREEMENT 22045S LEGAL CENTER SECURITY CAMERA PROJECT 10