Contract - 11-21-2023 - 13153 - Contract Execution: Jail Security Camera Project #2023-0045-01. AS-13153 Consent B. 9.
BOCC Agenda
Meeting Date: 11/21/2023
Contract Execution: Jail Security Camera Project#2023-0045-01
Submitted For: Will Tastad Submitted By: Ashley Claussen
Department: Facilities Maintenance
Information
Subject and Summary Statement
On October 24, 2023, the Board of County Commissioners voted to award agreement#2023-0045-01 for
the addition of cameras at the Cowlitz County Jail to Accurate Electric Unlimited (AS-13100). The
agreement has been signed and returned by the contractor and now requires final signature and
execution.
The total cost of the agreement is $72,543.77 including Washington State sales tax.
Will Staff Attend - NAME OF STAFF
No.
Department Recommendation
It is the recommendation of the Facilities Maintenance Department that the Board sign and execute the
agreement with Accurate Electric Unlimited in the amount of$72,543.77 with a 10% contingency
allowance to accommodate unforeseen developments should they arise.
Fiscal Impact
Expenditure Required $: 72543.77
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds -What Dept ? : CIP
Grant Y-N: N
Attachments
Agreement
Form Review
Inbox Reviewed By Date
Will Tastad Will Tastad 11/13/2023 06:30 AM
Mike Moss,Public Works Mike Moss 11/13/2023 08:20 AM
Form Started By:Ashley Claussen Started On: 11/09/2023 04:52 PM
COWLITZ COUNTY
SMALL PROJECT AGREEMENT
CONTRACT NUMBER 2023-0045-01
TITLE: JAIL CAMERA ADDITION
CONTRACT SUMMARY
Contract Value: $72,543.77 including applicable taxes
Estimated Completion Date: 180 calendar days after Notice to Proceed
Contract Type: Lump Sum
Contract Administrator: Ashley Claussen
Phone: 360-577-3030 ext. 6856
Email: ClaussenA@cowlitzwa.gov
PARTIES
COUNTY: CONTRACTOR:
Cowlitz County Washington Accurate Electric Unlimited, Inc.
CIO Facilities Maintenance PO Box 871866
1600 1311 Ave. S Vancouver,WA 98687
Kelso,WA 98626 Contact: Blake Moore
Contract Facilitator: Don Nyman Phone:360-567-3320
Phone: 360-577-3171 ext. 6751 Fax:N/A
Email:NymanD@cowlitzwa.gov Email: blake@aeuinc.com
THIS AGREEMENT made and entered into effective the day of 2023 by and between COWLITZ
COUNTY, a political subdivision of the State of Washington having offices for the transaction of business indicated above and
hereinafter referred to as the"County", and the"Contractor",named and having offices for the transaction of business indicated
above jointly,hereinafter referred to along with the County as the"Parties".
WHEREAS,the Board of County Commissioners of Cowlitz County pursuant to the provisions of the Revised Code of Washington
Section 36.32.120(6)has the care of County property and the management of County funds and business;and
WHEREAS,the Purchasing Services Department,on behalf of the Board of County Commissioners of Cowlitz County,pursuant to
the above cited statutory section and those provisions as set forth in the Revised Code of Washington Section 39.04.155,et seq. and
Cowlitz County Resolution 20-101,did let out for bid Small Works Roster Project No.2023-0045-01 for addition of cameras to the
existing security system at the Cowlitz County Jail;and
WHEREAS,the Purchasing Services Department,on behalf of Cowlitz County,did open said bids on October 5,2023 and the Board
of County Commissioners did on October 24,2023 accept the bid of the contractor dated October 5, 2023 as the lowest responsible
bid.
NOW,THEREFORE,for and in consideration of the mutual promises set forth herein,the parties hereto do mutually agree as follows:
ARTICLE 1. COMPENSATION, WORK AND SERVICES.
The Contractor,for the consideration of seventy-two thousand five hundred forty-three dollars and seventy-seven cents($72,543.77),
including sales tax, for work performed as specified in the "Contract Documents" as enumerated herein below, shall in strict
accordance with all of the provisions therein,perfonn all work and provide all materials called for by the Contract Documents. The
County agrees to pay the Contractor for said work as specified in the"Contract Documents."
ARTICLE 2. CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement and other documents listed below issued prior to the execution of this
Agreement and all modifications and change orders issued subsequent thereto.These form a contract and all are as fully a part of
the contract as if attached to this Agreement or repeated herein. In the event of a conflict between documents the order of
precedence will be the order listed below. An enumeration of the contract documents is set forth below:
1. Change Orders; and
2. Agreement; and
3. Addenda;and
4. Applicable Specifications, Project Conditions and Drawings;and
5. The provisions of Cowlitz County Bid No. 2023-0045-01; and
6. The bid proposal of the contractor dated October 5,2023.
ARTICLE 3. RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor relationship will be created by this Agreement. The County is interested only in
the results to be achieved, and the conduct and control of all services or work will lie solely with the Contractor. No agent,
employee, servant or otherwise of the Contractor shall be or shall be deemed to be an employee, agent, servant or otherwise of
the County for any purpose, and the employees of the Contractor are not entitled to any of the benefits that the County provides
for County employees. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees,
servants, subcontractors, or otherwise during the performance of his Contract. In the performance of the services herein
contemplated, the Contractor is an independent contractor with the authority to control and direct the performance and details of
the work,the County being interested only in the results obtained;however,the work contemplated herein must meet the approval
of the County pursuant to the provisions of the agreement under which the services and work were let to the Contractor.
ARTICLE 4. INDEMNIFICATION
The Contractor is an independent contractor and not the agent or employee of the County. No liability shall attach to the County
for entering into this Contract or because of any act or omission of the Contractor except as expressly provided.
The Contractor agrees to defend, indemnify and hold the County and the County's Consultant(s), when used on the project,
harmless from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by
third parties arising from, resulting from or connected with services performed or to be performed under this contract by the
Contractor, its agents or employees to the fullest extent permitted by law. The Contractor's duty to indemnify the County and
Consultant shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or
resulting from the sole negligence of the County or Consultant,their agents or employees.The Contractor's duty to indemnify the
County and Consultant for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting
from the concurrent negligence or (a) the County or Consultant, their agents or employees, and (b) Contractor, its agents or
employees shall apply only to the extent of negligence of the Contractor or its agents or employees. Contractor's duty to defend,
indemnify and hold the County harmless shall include, as to all claims, demands, losses and liability to which it applies, the
County's personnel-related costs, reasonable attorney's fees, court costs and all other claim-related expenses.
The Contractor's indemnification shall specifically include all claims for loss liability because of wrongful payments under the
Uniform Commercial Code, or other statutory or contractual liens or rights or third parties, including taxes, accrued or accruing
as a result of this contract or work performed or materials furnished directly or indirectly because of this contract.
Contractor further agrees that this duty to indemnify County applies regardless of any provisions in RCW Title 51 to the contrary,
including but not limited to any immunity of Contractor for liability for injuries to Contractor's workers and employees, and
Contractor hereby waives any such immunity for the purpose of this duty to indemnify County.
ARTICLE 5.TERMINATION
Contract(s)resulting from this bid may be terminated, in whole or in part, under the following conditions: 1) by mutual written
agreement;2)by the County for breach by the bidder of any of the obligations or requirements set forth in the contract documents.
The County retains the option to require the bidder to assume liability for any and all damages,including the excess of re-procuring
similar products or services; 3) for the convenience of the County; or 4)by the County for non-appropriation of funds.
ARTICLE 6. TERMINATION BY THE COUNTY WITHOUT CAUSE
Notwithstanding any other provisions contained herein,the County,without cause,may terminate the contract between the parties
by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are
discharged,but any right based upon breach or performance occurring prior to termination survives; 2)If the reasonable costs of
performance incurred by the Contractor prior to termination exceed the amount paid by the County to the Contractor on the
Contract Sum,the County shall reimburse the Contractor in the amount of such excess;3)If the amount paid by the County to the
Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the
Contractor shall reimburse the County in the amount of such excess; 4) Any funds obtained or retained by the Contractor as
provided in 2)or 3)of this paragraph, shall constitute full payment and consideration for the services performed by the Contractor
prior to termination.
ARTICLE 7. MAINTENANCE OF RECORDS
The Firm will maintain, for at least three(3)years after completion of this contract,all relevant records pertaining to this contract.
The Firm shall make available to the County or the Washington State Auditor or their duly authorized representatives,at any time
during their normal operating hours, all records, books or pertinent information which the Firm shall have kept in conjunction
with this Agreement and which the County may be required by law to include or make part of its auditing procedures, an audit
trail or which may be required for the purpose of funding the services contracted for herein.
ARTICLE 8. VENUE STIPULATION
This Agreement has and shall be construed as having been made and delivered in the State of Washington, and the laws of the
State of Washington shall be applicable to its construction and enforcement.Any action at law,suit in equity or judicial proceeding
for the enforcement of this Agreement or any provisions hereto shall be instituted only in courts of competent jurisdiction within
Cowlitz County,Washington, unless relocation or commencement elsewhere is required by law.
ARTICLE 9. COMPLIANCE WITH LAWS
The Contractor in the performance of this Agreement agrees to comply with all applicable federal,state and local laws,ordinances
and regulations including but not limited to those pertaining to civil rights. The Contractor may not, without the prior written
approval of the County,assign, sublet or transfer in whole or in part his interest in this Agreement.
ARTICLE 10. INTEGRATION
This Agreement contains all the terms and conditions agreed upon by the Parties. No other understanding, oral or otherwise
regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. All Parties have read and
understand the above contract and now state that no representations, promises, or agreements not expressed by this Agreement
have been made to induce the other to execute the same.
ARTICLE 11. LIQUIDATED DAMAGES
Time is of the essence in the performance of the contract. Because the County finds it impractical to calculate the actual costs of
delays, it has adopted the Liquidated Damage Table below.
LD=0.15C/T
where:
.LD Liquidated damages per calendar or working day rounded to the nearest dollar)
C= Ori inal contract amount plus chap e orders
T= _Original time for physical completion plus change orders
Accordingly,the Contractor agrees:
1. To pay(according to the following formula) liquidated damages for each calendar or working day(as specified in the
time for completion in the bid documents) beyond the number of calendar or work days established for physical
completion, and
2. To authorize the County to deduct these liquidated damages from any money due or coming due to the Contractor.
Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payments of
liquidated damages will in any degree,release the Contractor from further obligation and liabilities to complete the entire work.
ARTICLE 12. RECOVERY OF FUNDS
Whenever,under the contract, any sum of money shall be recoverable from or payable by the Contractor to Cowlitz County the
same amount may be deducted from any sum due to the Contractor under the contract or under any other contract between the
contractor and Cowlitz County. The rights of Cowlitz County are in addition and without prejudice to any other right Cowlitz
County may have to claim the amount of any loss or damage suffered by Cowlitz County on account of the acts or omissions of
the Contractor.
ARTICLE 13. ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach,
default or misrepresentation in connection with any provisions of this Contract,the successful or prevailing party or parties shall
be entitled to recover reasonable attorney's fees, court costs, and all expenses (including taxes) even if not taxable as court costs
(including, without limitation, all such fees, costs, and expenses incident to appeals), incurred in that action or proceeding, in
addition to any other relief to which such party or parties may be entitled.
ARTICLE 14.ANTI-KICKBACK
No officer or employee of the County, having the power or duty to perform an official act or action related to this Agreement,
shall have or acquire any interest in this agreement, or have solicited, accepted or granted a present or future gift, favor, service,
or other thing of value from or to any person involved in this Agreement.
ARTICLE 15. WAIVER
No officer, employee, agent or otherwise of the COUNTY has the power, right or authority to waive any of the conditions or
provisions to this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent
breach.All remedies afforded in this Agreement or at law shall be taken and construed as cumulative,that is, in addition to every
other remedy provided herein or by law. Failure of the COUNTY to enforce at any time any of the provisions of this Agreement
or to require at any time performance by CONTRACTOR of any provision hereof, shall in no way be construed to be a waiver of
such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the right of the COUNTY to hereafter
enforce each and every such provision.
ARTICLE 16. EXECUTION AND VALIDITY
Execution of this Agreement constitutes the valid and binding obligation of Contractor,enforceable against it in accordance with
the terms of the Agreement. The PARTIES warrant that the officers/individuals executing below have been duly authorized to
act for and on behalf of the Party for purposes of confirming this Agreement.
ARTICLE 17. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an
original,but such counterparts shall together constitute but one and the same.
ARTICLE 18. THIRD PARTY BENEFICIARIES
This Agreement is intended for the benefit of the COUNTY and CONTRACTOR and not for the benefit of any third parties.
ARTICLE 19. SURVIVAL
Without being exclusive, the Article for Indemnification and the Article for Venue Stipulation of this Agreement shall survive
any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other Articles of this
Agreement which,by their sense and context, are intended to survive shall also survive.
ARTICLE 20. INSURANCE
The Contractor shall furnish and maintain all insurance as required herein and comply with all limits, terms and conditions
stipulated therein, at their expense, for the duration of the contract. Following is a list of requirements for this contract. Any
exclusion that may restrict the required coverage must be pre-approved by the Cowlitz County Risk Management Department.
Work under this contract shall not commence until evidence of all required insurance, policy endorsements and bonding is
provided to the County of Cowlitz. Insurance companies shall be licensed to do business in the State of Washington. Evidence of
such insurance shall consist of a completed copy of the certificate of insurance, signed by the insurance agent for the Contractor
and returned to the Cowlitz County Department with whom the contract is executed. The insurance policy or policies will not be
canceled, materially changed or altered without thirty (30) days prior notice submitted to the Purchasing Services Department.
The policy shall be endorsed and the certificate shall reflect that the County of Cowlitz is an additional named insured on the
Contractor's General and Automobile Liability policies with respect to activities under the contract.The policy shall provide and
the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is
brought except with respect to the limits of the company's liability.
A. The policy shall be endorsed and the certificate shall reflect that the insurance afforded therein shall be primary insurance
and any insurance or self-insurance carried by the County shall be excess and not contributory insurance to that provided
by the Contractor.
B. The Contractor shall not commence work, nor shall the Contractor allow any subcontractor to commence work on any
subcontract until a Certificate of Insurance with each required policy endorsement, meeting the requirements set forth
herein, has been approved by Cowlitz County Risk Management Department and filed with the department with whom
the contract is executed.Upon request,the contractor shall forward to the Cowlitz County Risk Management Department
the original policy, or endorsement obtained,to the Contractor's policy currently in force.
C. Failure of the Contractor to fully comply with the insurance requirements set forth herein, during the term of the
Agreement, shall be considered a material breach of contract and cause for immediate termination of the Agreement at
the County's discretion.
D. Providing coverage in the amounts listed shall not be construed to relieve the Contractor from liability in excess of such
amounts.
E. REQUIRED COVERAGE:The insurance shall provide the minimum coverage as set forth below:
1. GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General Liability coverage with
limits of$1,000,000.00 per occurrence,$2,000,000 aggregate. This coverage shall include products,completed
operations,personal injury, fire damage and medical expense.
2. PROOF OF AUTOMOBILE INSURANCE: The Contractor shall carry, for the duration of this Agreement,
comprehensive automobile liability coverage of$1,000,000.00 for any vehicle used in conjunction with the
provision of services under the terms of this Contract. Said policy shall provide that it shall not be canceled,
materially changed, or renewed without forty five(45)days written notice prior thereto to Cowlitz County.
3. WORKERS COMPENSATION:When the Contractor has employees of the company,the Contractor shall carry
Worker's Compensation Industrial Injury Insurance coverage and effective in Washington State. Proof of
insurance shall be reflected on the Contractor's Certificate of Insurance or by providing the Contractor's State
Industrial Account Identification Number
ARTICLE 21. WAGE RATES AND EMPLOYMENT.
The work outlined in this Agreement is considered Public Work and requires payment of prevailing wages in accordance with
RCW 39.12 and WAC 296-127-023. No less than the applicable prevailing rate of wage must be paid to any worker, laborer, or
mechanic employed in the performance of any part of the stated work. The Contractor is solely responsible for determining the
applicable labor classification(s)and utilizing the appropriate and correct prevailing wage and benefit rate(s). Current wage rates
for work to be performed in Cowlitz County can be found at https:llsecure.liii.w�i.gov/wagelookup using the effective date of
October 5,2023. The Contractor shall complete and file State of Washington, Department of Labor and Industries Statement of
Intent to Pay Prevailing Wages on Public Contracts and shall familiarize itself with all of the provisions of Chapter 39.12 RCW.
The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms.
IN WITNESS WHEREOF, the said Contractor has executed this instrument, and the said Board of County Commissioners
pursuant to resolution duly adopted, has caused this instrument to be executed by and in the name of said Board on the day and
year set forth herein.
CONTRACTOR BOARD OF COUNTY COMMISIONERS OF COWLITZ
COUNTY, WASHINGTON
Signature LL Richard R. Dahl,Chairkan
Jordon William Dixon &Z/�
Print Name Arne Mortensen, Commissioner
President- "• 4 � , �
Title Dennis P. Weber, Commissioner
Date: NovPmhPr 9th, 2093
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ARTICLE 21. WAGE RATES AND EMPLOYMENT.
The work outlined in this Agreement is considered Public Work and requires payment of prevailing wages in accordance with
RCW 39.12 and WAC 296-127-023. No less than the applicable prevailing rate of wage must be paid to any worker, laborer, or
mechanic employed in the performance of any part of the stated work. The Contractor is solely responsible for determining the
applicable labor classification(s)and utilizing the appropriate and correct prevailing wage and benefit rate(s). Current wage rates
for work to be performed in Cowlitz County can be found at litt s=llsecitre.lni.w�t.lovlwd elookkt 1 using the effective date of
October 5, 2023.The Contractor shall complete and file State of Washington, Department of Labor and Industries Statement of
Intent to Pay Prevailing Wages on Public Contracts and shall familiarize itself with all of the provisions of Chapter 39.12 RCW.
The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms.
IN WITNESS WHEREOF, the said Contractor has executed this instrument, and the said Board of County Commissioners
pursuant to resolution duly adopted, has caused this instrument to be executed by and in the name of said Board on the day and
year set forth herein.
CONTRACTOR BOARD OF COUNTY COMMISIONERS OF COWLITZ
COUNTY, WASHINGTON
Signature Richard R. Dahl,Chal6at
Jordon William Dixon
Print Name Arne Mortensen, Commissioner
President- ql�;j
Title Dennis P. Weber,Commissioner
COUNT
Date: NnvPmhPr 9th, 2023 ��ra ,
EST: c�
Op COUNTY
ell Do nws y, Clerk of the Bo t j _`