HomeMy WebLinkAboutPSA Accurate Electric Unlimited 38 Cameras. _
This Agreement-is made by and between Kittitas County (hereinafter "the County',)and Accurate Electric Unlimlted, lnc. (hereinafter "Contiactor"). The County airdContractor agree as follows:
General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation);
Exhibit C (Proof of lnsuranoe).
copies of which are attached hereto and incorporated herein by this reference as fully as ifset forth herein.
The term of l!,-t Agreement shall commence upon signature by all parties, and
:g$iryg.ultilcompletio.n of !!e projoct Any party mayterminlte tnis Ad#;t ov giving
thirty- (30) days' notice in writing either perionally delivered or mailed jottage-pre,-piio uicertified mail, return reggipt requested, to the party's last known address torihd purposes
of giving notice under this paragraph.
Contractor acknowledges and by signing this Agreement agrees that thelndemnification provisions set lortn in eari,gg[h17 (lnOepenioent CJntraIi"O, g ffaxes),15 (Defense and tndemnrty Agreement),-2i (patint/cbpyright tnfrilglmfir)'and il(Confidentiality), are..totally and fully part of this Agreement-and hav! been mutuallynegotiated by the parties.
frofes.siolg! Services Agreement (rav. OSt24t2A1g')
Page 1 of17
, "-.1.f\
WTNESS WHEREOF, the parties have executed this Agreement this hffiayof 't2020.
APPROVED:
Accurate Electric Unlimited, lnc.BOARD OF COUNTY COMMISSIONERS
KITTITAS , WASHINGTON
natu natory & Date
6
c
$,4(S or Dixcn
Print Name of Signatory -
Gontractor Address:
PO Box 871866
Vancouver, WA 98687
Project Contact:
James Monroe, AEU
Vice-Chairman
Commissioner
Approved as to Form:
By -€ zz8?L
Deputy Attorney
County's Address:
Kittitas County
205 West Srh Avsnue, Suite 108
Ellensburg, WA 98926
Proiect Contact:
Steve Panattoni, Commander
(509) s62-7527
rullllll
dhLv--'
lri ill
Profes-sional Services Agreement (rev, }StZ4tZOlS')
Page 2 of 17
GENERAL CONDITIONS
1. Scope of Contractor'p Services:
Gontractor agrees to provide to the County services and any materials set forth in theproiect naffative identified in Exhibit'A" during the Agreement period. No material, labor,or facilities will be furnished by the Courity, unlEss otherwise proviOea 1or in theAgreement.
2. Performance of Work;
Contractor shall perform work in accordance with, and shall comply with, ail of theprovisions of this Agreement. Allwork shall comply with applicable coOis and ordinances.
3. Schedule of Performance:
Unless directed otherwise by the County, Contractor shall perform the work in accordance
with any schedules made a part of this Agreement
4. Definitions:4.1 'Additional lnsureds'means the County, its successors and assigns, andthe respective directors, officers, employees, agents and repreientatives of
the County and its successors and assigns.4.2 "Support" means the fotlowing: Contractor's directors, officers, employees,
agents and r_epresentatives; and sub-Contractors of any tier; the reip6ctivedirectors, ofiicers, employees, agents and representatives'of these sub-
Contractors of any tier; and any other person or entity acting under thedirection or control of, or on behalf of, Contractor or any Contrictor,s sub-
Contractors of any tier in connection with or incident to ihe performance ofthe Work or this Agreement.4.3 The "Work" means all of the duties listed in Exhibit A and the performance of
all other obligations, under this Agreement by Contractor or its Support.
5. Accountino and Pavment for Contractor Services:
Payment to the Contractor for services rendEredltnder this Agreement shall be as setforth in Exhibit "B". Wtlere Exhibit "B" requires payments by thebounty, payment shall bebased upon billings, supported unless otherwise provided iri exniuit ,,8;r'dtl;;mentation
of units of work actually performed and amounts earned, including *hd;;ppiopriate, theactual number of days worked each month, total number of houri for the rit6nin, and thetotal dollar payment requested. Unless specifically stated in Exhibit ,;a; oi"pproved inwriting in advance by the Kittitas County Board 6f Commissioners, tfre County will notreimburse the Contractor for any costs or expenses incurred by the Contractor inperformance of this Agreement,
\Me1e required, the Coun$ shatl, upon receipt of appropriate documentation, compensatethe Contractor, no more often than monthly,'throulh the County voucher syrter, for thecontractor's seryice pursuant to the fee schbdub se:t forth in Exhibit,'B*.
Profes^sional Services Agreement (rev. AWZ4nOlgl
Page 3 of 17
6. Assionment and Subcontractino:
No portion of this Agreement may be assigned or subcontracted to any other individual,
firm or entity without the express and prior written approval of the county.
7. lndependent Contractor:
The Contractor's services shall be furnished by the Contractor as an independent
Contractor and nothing herein contained shall be construed to create a relationship ofemployer-employee or master-servant, but all payments made hereunder and all seruicesperformed shall be made and performed pursuant to this Agreement by the Contractor asan independent Conkactor.
The Contractor acknowledges that the entire compensation for this Agreement is specifiedin Exhibit "8" and the Contractor is not entitled to any County beneits including, but notlimited to: vacation pay, holiday pay, sick leave pay, medicai, dental, or other insurance
benefits, or any other rights or privileges afforded to Kittitas coung employees.
Contractor will defend, indemnifu and hold harmless the County, its Additional lnsureds,
offigers, agents or employeqg from any loss or expense, inciuding but not limited tosettlements, iudgments, setoffs, attorneys'fees or costs incurred by-reason of claims or
demands because of breach of the provisions of this paragraph.
8. No Guarantee of Emplovment:
The performance of all or part of this Agreement by the Contractor shall not operate tovest. any empLoyment rights whatsoever and shall not be deemed to guarantee any
employment of the Contractor or any employee of the Contraclor or any suf-Contractor or
any employee of any sub-Contractor by the County at the present time 6r in the future.
9. Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal
or State income taxes. Wrere required by State or Federal taw, ttre Contractor authorizesthe County to make withholding_for any taxes other than income taxes (i.e. Medicarey. Allcompensation received by the Contractor will be reported to the lnternaj Revenue Service
at the end of the calendar year in accordance with ihe applicable IRS regulations. lt is theresponsibility of the Contractor to make the,necessary esiimated tax paylnents throughouithe year, if any, and the Contractor is solely liabb f6r any tax oUligiti6n arising troir tneContractor's performance. of this Agreemenf. The Conffaltor hereSy agrees toindemniffthe County against any demand to pay !.*9g arising from the Confracior's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquiredhereunder 1s required by law. The Contractor must pay all 6ther taxes including, but notlimited to: Business and Occupation Tax, taxes based on the Contractor's gross or net
ProfEssional Services Agreement (rev. OStz4nA1g)
Page4 oI 17
lncome, or persona! properly to which the County does not hold tiile. The Coung isexempt from Federal Excise Tax.
10. Requlations and Reouirement:
This Agreement shall be subject to all laws, rules and regulations of the United States ofAmerica, and State of Washington, and political subdivisibns of the State of Washington,
and to any other provisions set forth herein or in the attached exhibits.
11. Riqht to Review:
This contract is subject to. review by any Federal or State auditor. The County or itsdesignee shall have the right to review and monitor the financial and service componentsof this progrqm by whatever means are deemed expedient by the County. Such review
may occur with or without notice, and may include, but is not iimited to, on-site inspectionby County agents or employees, inspeciion of all records or other materials which theCounty leems pertinent to. the Agreement and its performance, anC any and allcommunications with or evaluation by seruice recipienis under this Agreement. TheContractor shall preserve and maintain all financial records and recordi relating to theperformance of work under this Agreement for 6 years after contract termination, and shallmake them available for such review, within Kitiitas County, State of Wasnington, upon
request.
12. Modifications:
12.1 Either party may request changes in the Agreement. Any and all agreed
modifications shallbe in writing, signed by each of the partiei.
12.2 The County may, at any time, by written notice thereof to Contractor("Change Notice") makes changes in the Work within the general scope ofthis Agreement, including, but not limited to: (a) changeiin, revisions to,substitutions for, additions to or deletions of iny W6rk; (b) changes inschedule; and (c) acceleration, deceleration or suipension ol perrormance
of any Work.
12.3 lf any change in the Work causes an increase or decrease on Contractols
cost ol ol th9. time required for, performance of the Work, an equitable
adjustment in the compensation to Contractor and in the sci.redule for theperformance of the Work shall be made to reflect such an increase or
decrease.
Notwithstanding any dispute or delay in aniving at a mutually acceptable
equitable adjustment, contractor shall proceed in accordalrce witt' attchange Notices. contractor must, within thirty (30) days after receipt of anychange Notice that does not set forth any acce-ptable
-adjustment,
iubmit t6
the county a written statement setting forih any iolustment claimed.
12.4
Professional Services Agreement (rev. OgtZ lZOlg)
Page 5 of 17
12.5 lf any change resuhs in a decrease in the Work performed, Contractor shall
be entitled to compensation associated with changing the Work, such as
revising. design already completed, revising calculations already performed,
and revising documents.
13. Termination for D-efault:
lf the Contractor defaults by failing to perform any of the obligations of the Agreement or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy oi insolvency
or makes an assignment for the benefit of creditors, the iounty may, by depositing written
notice to the Contractor in the U.S. mail, postage prepaid, terminate-thaAgreemenl, and atthe County's option, obtail performance of the work elsewhere. lf thle Agreement is
terminated for default, the Contractor shall not be entitled to receive any furthdr payments
under the Agreement until all work called for has been fully performed.- Any extra cost or
damage to the County resulting from such default(s) shalilie deducted from any moneydue or coming due to the Contractor. The Contractor shall bear any extra expenses
incuned bythe County.in completingthe work, and alldamage sustained, or which may be
sustained by the County by reason of such default.
lf a notice of termination for default has been issued and it is later determined for any
reason that the Contractor was not in default, the rights and obligations of the parties shail
be the same as if the notice of termination had been issued pursuant to the Teimination for
Public Convenience paragraph hereof.
14. Termir!fllion for Public Convenience:
T.he County may termingte the Agreement in whole or in part whenever the Gounty
determines, in its sole discretion that such termination is in the best interests of thiCounty. Whenever the. Agreement is terminated in accordance with this paragraph, the
Contractor shall be.entitled to payment for actualwork performed at unit contraciprices forcompleted iterns of work. ln the event of such terminition, an equ1able adjustnient shall
be made in the compensation payable to Contractor.
An equitable adjustment in the contract price for partially completed items of work will bemade, but such adjustment shall not include provision for 6ss of anticipated profit ondeleted or uncompleted work. Termination of this Agreement by the County at any time
during the term, whether for default or convenience, shall noi constitute a breach of
contract by the Counly,
1 5. Defense & lndemnitv Agreement:
lh.q -Contractor
agrees to and shall defend, indemniff and hold harmless the County, its
Additional lnsureds, appointed and elective officers, agents and employees, from and
against all loss or expense, in_cluding but not limited to judgments, settl'ements, attorney's
le99..anO costs by reason of any and all claims ano dEmands upon the bounty, itsAdditional lnsureds, its elected or appointed officials, agents, or employees for Oarna"ges
because of personal or bodily injury, including death-at any time resulting therefrim,
Professional Services Agreement (rev. OSnAnO$,
Page 6 of 17
sustained by any person or persons and on account of damage to property including lossof use thereol whether such injury to persons or damagd to p'rop'ery is due to the
negligence of the Contractor, its sub-Contractors, its elected officers, employees or their
agents, except only such injury or damage as shall have been occasioned by the sole
negligence of the County, its Additional lnsureds, appointed or elected officials, agents, oremployees. lt is further provided that no liability shall attach to the County by r-ason of
entering into this contract, except as expressly provided herein.
16. lndustrial lnsurance Waiver:
Wth respect to the performance of this Agreement and as to claims against the County, its
Additional lnsureds, o*fiice_rs, agents and employees, the Contractorixpressly waives its
i-mmunity under Title 51 of the Revised Code of Washington, the lndustiial lnjurance Act,
for injuries to its employees and agrees that the obligatidns to indemnifo, defend and hold
harmless provided in this agreement extend to anyilaim brought by or on behalf of any
employee of the Contractor. This waiver is mutually negotiateO Oy ttre parties to thi6
Agreernent
17. Venue and Choice of Law:
ln the event that any litigation should arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue of sulh action of litigation shal be in theSuperior Court of the State of Washington in and for the Couity of Kittitas. This
Agreement shall be governed by the law oithe state of washington.
18. Withholdino P3vment:
ln the event the Contractor has failed to perform any obligation to be performed by the
Contractor under this Agreement within the time sei tort[ in this Agreement, then theC91nty may, upon written notice, withhold all monies due and pay-abte to iontractor,
without penal$, untilsuch failure to perform is cured or otherwise adludicated.
19. Future Non-Allocation of Funds:
lf sufficient funds ar9 no! appropriated or allocated for payment under this Agreement forany future fiscal period, the County will not be obligatecjto maXe payments f# services or
amounts incuned after the end of the current fiscal period, No penalty or expense shallaccrue to the County in the event this provision applies,
20. Qontractor commihnents. warranties and Reoresentations:
The contractor represents and warrants to ne county as tottows:20.1 The Contractor is- duly_incorp919ted, vaiidly existing and in good standing
under the laws of the State of Washington, and hai allrequisite corporate
power and authority to enter into and to perform its obligaiions under this
Agreement.
20.2 The Contractor has the authority to execute this Agreement, to make the
representations and warranties set forth in it and to pefform the
Profes_sion al Se rvices Ag ream ent (rev . A9 t 24 I 2}1tr)
Page7 ol 17
obligations of the contractor under this Agreement in accordance with its
terms
20.3
20.4
20.5
20.6
22. Disputes:
22.1
This Agreement has been validly executed by an authorized
representative of the contractor and constitutes a valid and legally
binding and enforceable obligation of Contractor.
The contractor has or will obtain prior to the commencement date such
licenses, permits and other authorizations from federal, state and other
governmental authorities, as are necessary for the performance of its
obligations under this Agreement.
The contractor is not in violation of any appricabre raw, ordinance or
regulation the consequence of which willor rnay materially affect
contractor's ability to perform its obligations under this Agreement. The
contractor is not subject to any order or judgment of any court, tribunal orgovernmental agency which materially and adversely affects its
operations or assets in the state of washington, or its ability to perform
its obligations under this Agreement.
None of the representations or warranties in this Agreement, and none of
the documents, statements, certificates or schedulis furnished or to be
furnished by contractor pursuant hereto or in connection with the
performance of the obligations contemplated under this Agreement,
contains or will contain any untrue statement of a materiaffact or omits or
will omit to state a material fact necessary to make the statements of fact
contained therein not misleading.
General
Differences between the contractor and the county, arising under and by
virtue of the Agreement Documents shall be brought to the attention of th6
County at the earliest possible time in orderthat suih matters may be setged
or other appropriate action promptly taken. Except for such objections as are
21. PatenUCopvright lnfrinqement:
Contractor will defend and indemnify the County from any claimed action, cause or
dernand brought against the Gounty; to the extent such actioir is based on the claim that
information supplied by the Contractor infringes any patent or copyright. The Contractor
will pay those costs_and damages attributable to any such claims'tiral are finally awarded
against the Coun$ in any action. Such defense and payments are conditioned upon the
following:
21.1 Contractor shall be notified promptly in writing by County of any notice of
such claim.
21.2 Contractor shall have the right, hereunder, at its option and expense, to
obtain for the County the right to continue using the information, in the event
such claim of infringement is made, provided no reduction in perfonnan@ or
loss results to the County.
Professional Services Agreement (rev. 09l24l201ll
Page I of 17
made of record in the manner hereinafter specified and within the time limits
stated, the records, orders, instructions, and decisions of the Kittitas County
Commissioners shall be final and conclusive.
22.2 Notice of Potential Claims
The Contractor ehall not be entitled to additional compensation which
otherwise may be payable, or to extension of time for (1) any act or failure to
act by the County, or (2) the happening of any event oi ociurrence, unless
the Contractor has given the County a written Notice of Potential Claim
within ten (10) days of the commencement of the act, failure, or event giving
rise to the claim, and before finalpayment by the County. The written liotic6of Potential Claim shall set forth the reasons for which the Contractor
believes additional compensation or extension of time is due, the nature of
the cost involved, and insofar as possible, the amount of the potential claim.
Contractor shall keep full and complete daily records of the work performed,
labor and material used, and all costs and additional time claimed to be
additional.
22.3. Detailed Claim
The Contractor shall not be entitled to claim any such additional
compensation, or extension of time, unless within thirty (30) days of the
completion of the portion of the work from which the claim arose, and before
final payment by the County, the Contractor has given the County a detailed
written statement of each element of cost or other compensation requested
and of all elements of additional time required, and copies of any supporting
documents evidencing the amount orextension of time claimed tb Oe ilue.
23. Ownership of ltems Produced:
All writings, programs, data, public records or other materials prepared by the Contractorandlor its consultants or sub-Gontractors, in connection with perfo'rmance of this
Agreement shall be the sole and absolute property of the County.
24. Conlidentiality:
The Contractor, its employees, sub-Contractors, and their employees shall maintain the
conlidentiality of all information provided by the County or acquired by the Conkactor inperformance of this Agreement, except upon the prhr written consent of the Kittitas
9qr{V.. Prosecuting, Attorney or an order entered by a court after having acquiredjurisdiction over the County. Contractor sh_all immediateiy give to the County notice of anyjudicial. proceedings. seeking disclosure of such informati6n. Contractor strail indemniff
and hold harmless the County, its Additional lnsureds, officials, agents or emptoyees from
all loss or expense, including, but not limited to setllements, judgftents, setofb,
-attorneys'
fees and costs resulting from contractor's breach of this provision.
Professional Serulces Agreement (rev. }gn4n}1El
Page I of 17
To the extent that any information obtained by the Contractor is required to be shared withor provided to others by the terms of the Statement of the Work, this provision is not
breached by such acts.
25. Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement,
except service of process, notice shall be given by the Contiactor to the department headof the department for whom services- are rLndered, and to the (ittitar County
commissioners, 205 w $h Ave, suite 108, Ellensburg, wA 9g926. Notice to th6
Contractor for all purposes underthis Agreement shall be given to the address reflected onthe signature page. N.otice may be given by delivery or Oy Oepositing in the U.S, Mail, first
class, postage prepaid.
26. $everabilitv:
lf any term or condition of this Agreement or the application thereof to any person(s) orcircumstances is held invalid, such invalidity shall
'not
affect other terms,'conditioni orapplications which can be glven effecl without the invalid term, condition or application, To
this end, the terms and conditions of this Agreement are declared severable.
27. Miscellaneous:
27 '1 The County's failure or delay to insist upon strict performance of any of the
provisions of this Agreement or to exercise any rights or remedies under this
Agreement shall not be construed as a waivei or relinquishment to any
extent. of its right to assert or rely upon any such provisions, rights or
remedies in that or any other instance; rather the same.shall be and-remain
in fullforce and effect.
27.2 This Agreement embodies the entire Agreement between the County and
Contractor, ?nd supersedes any and atl prior agreements, regarding theWork. No change, amendment or modification bf any provisi6ns of this
Agreement shall be valid unless set forth in a written instiument signed by
the party to be bound thereby.27,3 The rights and remedies of the County set forth in any provision of this
Agreement are in addition to and do not in any way limit-any other rights of
remedies afforded to the County by any other provisions of ihis Agreement,
by any of Contractor's Support or by law.
27 '4 The headings of sections and paragraphs of this Agreement are for
convenience of reference only and are not intended to restrict, affect or be
of any weight in the interpretation or construction of the provisions of such
sections or paragraphs.
28. Waiver:
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of anyprior or subsequent breach. No terms or conditions of this Agreement shall be held to be
Profeesional Servlces Agroement (rev. OStZ4tzOlg)
Page 10 of 17
waived, modified or deleted except by an instrument, in writing, signed by the parties
hereto.
29. Survival:
The^provisiols of paragraphs 7, g, 11, 13, 14, 15, 16, 17, 19, 19, 20, 21, 22, 29, 24, 2g,
30, 31, and 32 shall survive, notwithstanding the termination or invalidity oittris Agreement
for any reason.
30. Nondiscrimination:
30.1 The County is an equal opportunity employer.
30.2 Nondiscrimination in Emplovment
ln the performance of this Agreement, the contractor will not
discriminate against any employee or applicant for employment on the
grounds of race, creed, color, national origin, sex, gexualorientation,
maritalstatu$, age or the presence of any sensory, mental orphysical handicap; provided that the prohibition against discrimination
in employment because of handicap shall not apply if the particular
disability prevents the proper performance of the particular worker
involved. The Contractor shallensure that applicants are employed,
and that employees are treated during employment without
discrimination because of their race, creed, color, nationalorigin, sex,
sexual orientation, marital status, age or the presence of any sensory,
mental or physical handicap. Such action shall include, but not be
limited to: employment, upgrading, demotion or transfers, recruitment or
recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and programs for haining inchiding
apprenticeships. The Contractor shall take such action with respect tothis Agreement as may be required to ensure fullcompliance with
local, state and federal laws prohibiting discrimination in employment.
30.3 Nondiscrimination in Service$.
The Contractor will not discriminate against any recipient of any services
or benefits provided for in this Agreement on the ground$ of race,
creed, color, nationalorigin, sex, sexualorientation, marital status, age or
the presence of any sensory, mental or physical handicap.
30.4 [.ny assignment andlor subcontracting has been authorized by the
Co-unty, said assignment or subcontract shall include appropriate
safeguards against discrimination. The Contractor shall take such
action as may be required to ensure full compliance with the
provisions in the immediately preceding paragraphs herein.
Professional Services Agreement (rev. AU24?cl.A)
Page 11 ol 17
31. Prevailinq Waoe:
Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed in the performance of any part of the Work in acoordance with RCW gg.12
and the rules and regulations of the Department of Labor and lndustries. The schedule
of prevailing wages rates for the locality or localities of the Work is determined by the
lndustrial Statistician of the Departmeni of Labor and lndustries. lt is the Contractor's
responsibility to veriff the applicable prevailing wage rate. lt is understood that the
Contractor is responsible for obtaining and compleiing all required government forms
and submitting same to the proper authorities.
Disputes regarding prevailing wage rates shall be referred for arbitration to the Director
of the Department of Labor and lndustries. The arbitration decision shall be final and
conclusive and binding on all parties involved in the dispute as provided for by RCW
39.12.060.
32. Debarment Certification:
The Contractor certifies that it:
32.1 ls not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency.
32.2 Has not within a three-year period preceding the execution of this contract
with Kittitas County, been convicted of or had a civiljudgment rendered
against them for commission of fraud or a criminal oifense in connection
with obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federalor State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tai evasion, receiving
stolen property, making false claims, or obstruction of justice.
32.3 ls not presently indicted for or otherwise criminally or iivilly charged by agovernmentalentity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph 32.2ot this section.32"4 Has not within a three-year period preceding the preceding the execution
of this contract with Kittitas County had one or more publiCtransactions
(Federal, State, or local) terminated for cause of default.
Professional Services Agreement (rev. }StZ4nOlE)
Page 12 of 17
EXH!.B|T,',A"
SCOPE OF WORK
ln addition to providing all materiaLand labor, the Csntractor Ehallperform the following:
Provide labor and matbrlals for the installationr programming, and testing of (38) new
dome cameras, which includes (2) PT?cameras ai described in the prdposit OateO
03113120, attached herein and which is inoorporated as part of the agieement.
**$9s attached Proposal dated 03ll3/20.*.
Profesaional Seruices Agrecment (rev. OStZ4p}1g)
Page 13 of 17
EXHIBIT'8"
-
COMPENSATION
{s full compensation. for satisfactory. performance of the work, the County sha1 pay
0ontractor compensalion not to excedd:
'*$33,241 ae stated in the Propocal dated 0gttg/20.**
Prcfessional Seivlcee Agroarnont (rev. 0gn4g01g,
Page 14 ot 17
EXHIBIT ''C"
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of the
Work such insurance as will protect Contractor, its Support and the Additional lnsureds
from all claims, losses, harm, costs, liabilities, damages and expenses arising out of
personal injury (including death) or property damage that may result from performance
of the work or this Agreement, whether such performance is by Contractor or any of its
Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class Vll or better in the most recently published
edition of Best's Reports unless otherwise approved by the County. lf an insurer is not
admitted, all insurance policies and procedures for issuing the insurance policies must
comply with Chapter 48.15 RCW and284-15 WAC.
The Contractor shall provide proof of insurance for:
fil Comfnercial General Liability lnsurance
Coverage limits not less than:r $5,000,000 per occurrence' 4,P-. $1,000,000 products & completed operatifns aggregate. $1,000,000 personal and advertising injury, each offense. Certificate Holder - Kittitas Countyr The certificate must name the county as additionalinsured. Sixty (60) days written notice to the County of cancellation of the insurance
policy
[l gofnmer.qial.AujqtnoEile Liabilitv lnsurance (if ANY use of vehicle in performance)
Automobile Liability for owned, non-owned, hired, and leased vehicles (MCS go
endorsement and a CA 9946 endorsement must be attached if 'pollutants' are to be
transpofted). Coverage limits not less than:. $1,000,000 combined single limit. Thirty (30) days written notice to the County of cancellation
of the insurance policy.
[l Workers' Compensation
AdditionalCoverage May Be R uired:
Professional Services Agreement (rev. Agl}a2}lgl
Page 15 of 17
Workers'Compensation in amounts required by law
I $tgo Gap/Employers Liabilitv
Coverage limits not less than:. $1,000,000 each accidento $1,000,000 disease - policy limito $1,000,000 disease - each employee' ti1tv (30) days written notice to the County of canceltation
of the insurance policy.
I Professionat Liabitity
The Contractor and/or its Subcontractor and/or its consultant providingprofessional servioes shall provide evidence of Professional Liability tnsurancecovering professional errors and omissions. Such policy must firovide thefollowing minimum limits:. $1,000,000 per claim. $2,000,000annualaggregate
' lf insurance is on a claims-made form, its retroactive date, and that of allsubsequent renewals, shall be no later than the effective date of this
Agreement.
I Poltution Liability
The Contractor shall provide a Pollution Liability policy, providing coverage forclaims involving bodily i1juu, property damage finauoiig'toss of ise oitanginleproperty that has not bee-n physically injured), cleanup costs, remediaiion,disposal or other handling of pollutants,lnchding'costs and expenses incurred inthe investigation, defense, or setflernent of claiml arising out of:. Contractor's operations related to this project; and/or
' Remediation, abatement, repair, maintenance or other work with lead-basedpaint or materials containing asbestos; andlorr Transportation of hazardous materials away from any site related to thisproject
Such Pollution Liability policy shall provide the following minimum coverage:r $ per claimr $ annualaggregate
fl Propertv Damaoe
The Contractor shall-.provide a policy that covers damage to Kittitas Countyfacilities' including buildings, equipment, grounds, etc. $udir pofi"v rt
"ff
provide
the following minimum covlragd: '
o $ peroccurrence
fl Umbrella Coveraoe
frofes.slon-a!_ServicesAgreement(rev.Ogt}4tit}l1,tPage 18 of 17
Umbrella policies shall provide coverage at least as broad as specified for
underlying coverages (CGL, Auto, Employer's Liability) and cover thbse insured
in the underlying policies, including additiohd insured.r Amount required for this Agreement: $
Contractor shall furnish the County a Certificate of lnsurance to inctude the policy
Endorsements/Exclusion$ aE evidence that policies providing insurance requireO by thilAgreement are in full force and effect. Contrac-tor hereby wlives all rights of recourse,including any right to which another may be subrogated, against fittitas County foipersonal iljurY, including death, and property damagl. Contrlctor's insurance policies
required above shall be p{mryy insurance and shall be non.contributing wittr anyother insurance maintained by Kittitas County.
The Contractor shall assume full responsibility for all loss or damage from any causewhatsoev.er.to any tools, Contractor's employee-owned tools, machiiery, equiprient, oimotor vehicleE owned or rented by the Contiactor, or the Contractor,s agendr,'suppliers
or contractors as well as to any temporary structures, scaffolding and proiective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage andlimits required are obtained by subcontractors.
NOTE: No contract shall form until and unlesg a copy of the Gertificate oflnsurance with EndorsenentslExclusions, properly completeO and in the amountrequired, is attached hEreto.
Failure of the Contractor to fully comply with the above insurance requirements duringthe'term gf the Agreement shall be considered a material breach of contractand causefor immediate termination of the Agreement at the County's discretion. Alternatively, theCountymay procure and maintain, al the Contractor's soie erpense, insurance to theextent deemed proper up to the amount of the required coverage(sy. fne County mayoffset the cost of such insurance against paymeni due to the Coniractor under thisAgreement.
Prcfes-sion-al Servlces Agreement (rev. Oilz4n}ft,t
Page17 ot 17
Accwratell|Cftl€ UxUImrD, ltaG.colilfficnl. tNDU3TnAt
Kittltae County Jall
Karra Balley
PROPOSAL FOR CCTV UPGRADE ANDCAMERA REPLACEMENT
Accurate Electric unlimited (AEU) ls pleased to provide this proposal for labor and materials for
the installation, programming, and testing of thirty eight (38) new digital cameras as described
herein for the lot sum total of .,. S g3,241 {UsD}
EXISNNG EONDITIONS
The current cameras are currently first generation with also a limited remaining lifespan with
most of the models no longer available for replacement.
PROPOSED SOLUT|ON
Accurate Electric Unllmited (AEU) proposes to provide and lnstall thirty-eight (3g) new dome
cameras which includes two (2) PTZ cameras. The V984 cameras by Vicon are belng introduced
this year with specifications exceeding previous versions (cut sheet attached). AEU will replace
the cameras using the existing CAT5 cable infrastructure and replace 'in-situ'. AEU has excluded
the previous lift costs for the few locations needed and wlll rely on the County to provide a lift.
(Two man rule; County Tech drives, AEU is in for the ride)
SCHEDUIE
AEU proposes the installation be completed with one (1) 0n site Journeymen with remote
programming by our software engineers.... ln 1 week. AEU proposes to be on slte within 35
days of Notice to Proceed
lncluslons:
r All travel time and expenses
o Terminations of cables at head end equipmentr Parts and labor
Filslqsfpnr:
r Permit, lf required {scope of work does not include new raceways or cabling}r Lift costs, if needod. Sales tax, if applicable
This Proposal Respectfully Submitted by;
J*r*ffion o"
James Monroe, AEU
March 13,2020
This Proposal is Accepted by:
NAME: ,,,, $tl{ ,,{.ylrhF ,, -, ^.*,
Signature:
Datel *t tt;,i&r,.W