HomeMy WebLinkAbout4949Contract Number:
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4949
PIERCE COUNTY SECURITY, INC.
Security-Parking; Court; Library; Conf Ctr; Nav Museum
Public Works
LEG 12-1
8/17/2010
8/31/2012
3/1/2012
Comments:
GOODS AND SERVICES AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Pierce
County Security, Inc. ("Vendor"), whose mailing address is: 2002 — 99` Street E, Tacoma, WA 98445.
The parties agree as follows:
1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for
the City:
SCOPE: The vendor agrees to perform the services more specifically described in the scope of work and duties, including any attachments
thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The scope of work and duties may be modified only
pursuant to section 10.K of this agreement. If the scope of work and duties provides for unspecified additional services, such services shall
only be performed upon the express written request of the city. Vendor further represents that the services furnished under this agreement
will be performed in accordance with generally accepted professional practices in effect at the time such services are performed.
2. TIME OF COMPLETION. The term of this agreement shall commence on September 1, 2010 and will terminate on August
31, 2012, unless terminated earlier pursuant to this agreement.
3. COMPENSATION. The City shall pay the Vendor in an amount not to exceed $5,000.00 per month. Vendor shall bill for
security services at the rate of $14.17 per hour and shall provide eight (8) hours of security per day, seven (7) days a week, and shall bill for
vehicle patrols at the rate of $18.17 per hour and shall provide two (2) hours of vehicle patrols per day, seven (7) days a week.
Vendor shall submit regular billing statements describing work performed and amount charged for security services. The
descriptions shall conform to and fall within the categories set out in the Scope of Services. Upon receipt of a conforming billing statement,
the City shall promptly process the payment.
Vendor shall not perform work beyond the Scope of Services and Duties, nor shall vendor be compensated for such work, unless
the Scope of Service and Duties or amount of compensation is modified pursuant to this Agreement. Vendor shall only be compensated for
additional services if requested pursuant to Section 10.K and, if not otherwise provided, such compensation shall be in accordance with this
Section.
If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into
compliance. Such withholding does not relieve vendor of its obligations under this Agreement.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an
employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security,
state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents,
employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract
services, including all required licenses for Contracror's officers, agents, employees and sub-contractors.
5. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any
one or more of the following events:
A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers for completion of this
Agreement.
Security Services & Patrols Between the City of Bremerton & Pierce County Security, Inc.
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The Vendor's failure to make full and prompt payment to subcontractors or for material or labor.
The Vendor's failure to complete with federal, state or local laws, rules or regulations.
The Vendor's filing for banlavptcy or becoming adjudged bankrupt.
If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement
until the services required by this Agreement are completed and fully performed.
6. CHANGES. The City may issue a written change order for any change in the services to be provided during the performance of
this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order
request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known ofthe facts and
events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all
equitable adjustments. However, ifthe parties aze unable to agree, the City will determine the equitable adjustment as it deems appropriate.
The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the
City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor
waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. Ifthe Vendor disagrees
with the equitable adjustrnent the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as
provided below:
A.
Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretarion, or determinarion by the City, the
Vendor shall:
1.
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Immediately give a signed written notice of protest to the City;
Supplement the written protest within fourteen (14) calendar days with a written statement that provides the
following information:
a. The date of the Vendor's protest.
b. The nature and circumstances that caused the protest.
c. T'he provisions in this Agreement that support the protest.
d. The estimated dollaz cost, if any, of the protested work and how that estimate was determined.
e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is
asserting a schedule change or disruption.
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3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. T'he
City shall have access to any of the Vendor's records needed for evaluating the protest.
T'he City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a
protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made
for an invalid protest.
Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the
goods, materials and services required by the City under this Agreement.
Vendor's Acceptance of Chan�es. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for
Security Services 8c Patrols Between the City of Bremerton 8c Pierce County Security, Inc.
direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the
change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional
entitlement and accepts from the City any written or orat order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor
completely waives any claims for protested work and accepts from the City any written or oral order (including
directions, instructions, interpretations, and determination).
7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar
days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of
time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written
claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only i� no such provision is applicable,
unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor lrnew, or
should have lrnown, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth
regarding protests in Section 6(A)(2)(a)-(e).
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN TI� TIME ALLOWED SHALL
BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT
CLAIM OR CAUSED BY THAT DELAY.
Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days
from the date the contract work is complete.
8. I1�iDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers
harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the performance of this Agreement. Vendor's obligation to indemnify shall not extend to that portion of damages caused by
the City's sole negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any ofthese covenants
of indemnification.
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
Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of
the Vendor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES
THE CONSULTANT''S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED
THIS WAIVER.
Security Services & Patrols Between the City of Bremerton & Pierce County Security, Inc.
The provisions of this section shall survive the expiration or termination of this Agreement.
9. INSURANCE. The Vendor shall procwe and maintain for the duration of this Agreement, insurance against claims for injuries to
persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents,
representatives, employees or subcontractors.
Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing:
Automobile Liabilitv insurance with limits no less than $500,000 combined single limit per accident for bodily injury and
property damage; and
2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined
single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage
shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and
employer's liability.
Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor.
All required policies shall be provided on an"occurrence" basis except professional liability insurance (ifrequired), which shall be
provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work
performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to
the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies.
The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.
T'he Vendor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written
notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage.
The Ciry also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate
of the insurance policy with all endorsements as evidence of coverage.
10. MISCELLANEOUS.
A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to
fulfill Vendor's obligarions under this contract. B&O taxes shall be paid when due, and Vendor, by this agreement,
assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declazed
delinquent.
B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on
the following list shall take precedence:
Addenda, if any,
2. Contract,
Scope of Work & Duties (Exhibit A)
4. Bid Proposal
Securiry Services & Patrols Between the City of Bremerton & Pierce County Security, Inc.
C.
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E.
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G.
H.
J.
K.
Documents Incorporated by Reference. The following documents are incorporated by reference, to include, but not be
limited to:
1. Scope of Work & Duties
2. Bid Proposal
Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its
subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual
orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person
who is qualified and available to perform the work to which the employment relates.
Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout
every aspect in the performance of this Agreement.
Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of
its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own
risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
Governin��Law. This Agreement shall be governed and construed in accordance with the laws of the State of
Washington. Ifany dispute arises between the City and Vendor under any ofthe provisions ofthis Agreement, resolution
of that dispute shal l be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or
lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this
Agreement.
Written Notice. All communications regarding this Ageement shall be sent to the parties at the addresses listed below,
unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar
days after tt�e date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the
addressee at the address stated in this Agreement.
Notices to be sent to:
VENDOR:
Attn: Robert McPherson
Contracts Administrator
Pierce County Securitv, Inc.
2202 — 99`� Street E, Tacoma , WA 98445
Notices to be sent to:
CITY:
Attn: City Clerk
City of Bremerton
345 6'� Street, Suite 600
Bremerton, WA 98337
Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void.
Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in
writing and signed by a duly authorized representative of the City and Vendor.
Security Services & Patrols Between the Ciry of Bremerton & Pierce County Security, Inc.
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Severabilitv. Ifany one or more sections, sub-sections, or sentences ofthis Agreement are held to be unconstitutional or
invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall
remain in full force and effect.
Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede
all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part
of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement
between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this
Agreement, the terms of this Agreement shall prevail.
IN WITNESS WI-�EREOF, the parties below have executed this Agreement.
VENDOR:
���-G� �oKN�Y S���C,�.��s� /N�
By:
Print Name: .r�x-? S . �I �-�i�s�-�S�J
Its: ��n� /�,(/�v�. rN
Date: � -- j �� — �-o �o •
CITY:
City of Bremerton
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APPROVED AS TO FORM:
Bremerton City Attorney
ATTEST:
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City Clerk
Security Services & Patrols Between the City of BremeROn & Pierce County Security, Inc.
Exhibit A
SCOPE OF WORK AND DUTIES FOR
Security Services and Patrols
The contractor shall:
A. Provide the required amount of security services per day, seven (7) days a week.
B. Provide vehicle patrols through city facilities as required.
C. Have all security personnel wear uniform apparel for identification and to maintain a
professional appearance when on duty and to enhance authority.
D. Have all security personnel be "unarmed", no exceptions allowed.
E. Possess professional liability insurance of $1,000,000.00, automobile liability
insurance of $500,000.00 and provide certificates of continued coverage.
Locations:
A. Downtown Parking Facility, 405 Washington Avenue.
6. Harborside Parking Facility, 100 Washington Avenue.
C. Bremerton Library, 612 Fifth Street.
D. Municipal Courts Building, 900 Pacific Avenue.
E. Conference Center, 100 Washington Avenue.
F. Naval Museum Facility, 251 First Street
Basic Duties•
1. Patrol on foot and inspect all levels of the facility, elevator, stairwetls and the outer
perimeter, as applicable.
2. Patrol in security marked vehicles, through parking facilities and outer perimeter of
facilities, as applicable. - � .
3. Report and log all incidents of theft or vandalism.
4. Assist contracted parking services with related tasks associated with vehicles and during
scheduled events and activities, as applicable.
5. Give verbal warnings of "no trespassing" to persons loitering, or have no reason to be on
city property, maintain an activity log of incidents to be given to the city on a monthly
schedule or as requested. •
Citv Contact List:
A. Chris Mottner, Inventory/Facilities Supervisor
Phone: (360) 473-2316 Email: chris.mottner(�a.ci.bremerton.wa.us
B. Michael Bishop, Lead Facilities Service Specialist
Phone: (360) 473-5335 Email: michael.bishop(a�ci.bremerton.wa.us
C. Customer Response Dispatcher (24 hour message phone)
Phone: (360) 473-5920
Term:
A. Services will be for a two (2) year period, beginning upon formal award of contract.
B. An additional two (2) year optional term may be offered and negotiated by both parties,
with rates adjusted to compensate for increases to cost of living rates.
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Exhibit B
BID PROPOSAL
SECURITY SERVICES AND PATROLS
City of Bremerton
1. Unarmed Security Guard $14.17
per hour.
2. Vehicle Security Patrols $18.17 per hour.
(* if additional to -item # 1)
Please indicate proposed coverage and schedules:
In the interest of proposing the best possible service PCS visited each and every one of
the sites in downtown Bremerton, wanting to have a complete understanding of the
service and the logistic involved in delivering that service. In examining the site we
noted that the height of the parking facilities would not hamper a patrol car accessing
them. Also due to the close proximity of the sites, 0.8 miles from to conduct the entire
route, PCS can offer several options in how we could staff it.
➢ Post Officers at each of the six sites for shifts the City determines are
necessary.
➢ Post the two parking facilities with on site Officers and then have a mobile
patrol travel between the other four sites making random checks at each site.
Additionally, the Patrol could assist and check on the parking facilities.
➢ Have a Mobile Patrol conduct random checks of all six sites.
The above are some examples of how PCS could service the City of Bremerton's
account. PCS prides itself on being flexible to a client's needs, so we would gladly work
with the City if a different option was put forth. In today's current financial environment
it is crucial that we find an efficient, effective, and affordable way to deliver security
service. You can rest assured that if PCS is selected we will work with you in a
collaborative partnership to discover the best and most economical service.
Contractor
Firm Name
Address
Pacific Coast Security / Pierce County Security, Inc.
Pacific Coast Security / Pierce County Securitv, Inc.
2002 99'" Street East, Tacoma. WA 98445
Telephone Number 253.535.4433 Fax Number 253.535.0747
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Signature of Preparer �, � `�i1-
Bremerton Business License # Obtained if awarded IRS TIN/SS 91-1180326
Washington State Contractor # 108, expiration January 2011
https://fortress.wa.�ov/dol/dolprod/bpdLicenseQuerv/1qsLicenseDetail.aspx?SessID=248
9&RefID=254423
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PCS Proposal Package, page number 17