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HomeMy WebLinkAboutContractSMALL PUBLIC WORKS CONTRACT AGREEMENT Single Craft under 25K THIS AGREEMENT Agreement”)is made as of the day of 2022,the Effective Date”)by and between the City of Renton,a non charter code city under RCW 35A, and a Washington Municipal Corporation City through its Entrance Controls,Inc. a Division of Launch Pad Technologies Contractor”)a Washington Corporation,who are collectively referred to as the Parties”,to Installation of a New Key Card Reader and Panel for the City Hall Police 1st Floor Lobby Area;1055 South Grady Way,Renton,WA 98057.The City and Contractor agree as set forth below. 1.Scope of Work:Contractor will provide all material and labor necessary to perform all work described in the Scope of Work which is attached and fully incorporated into this Agreement by reference as Attachment A.” 2.Changes in Scope of Work:The City,without invalidating this Agreement,may order changes to the Scope of Work consisting of additions,deletions or modifications,the Agreement Sum being adjusted accordingly by Parties mutual agreement.Such changes in the work shall be authorized by written Change Order or Amendment signed by the Parties. 3.Time of Performance:Contractor shall commence performance of the Agreement no later than 120 days)calendar days after the Agreement’s Effective Date. 4.Term of Agreement:The Term of this Agreement shall end at completion of the Scope of Work,no later than 120 days from the Effective Date.Or shall terminate on 6/1/2023. This Agreement may be extended to accomplish change orders,if required,upon mutual written agreement of the City and Contractor. 5.Agreement Sum:The total amount of this Agreement is the sum of 10,904.14)which includes Washington State Sales Tax.This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Work. 6.Consideration:In exchange for Contractor’s performance of the items and responsibilities identified in the Scope of Work,the City agrees to make payment of the amount identified as the Agreement Sum. 7.Method of Payment/Retainage/Bonding:Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the City. DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D CAG-22-422 30th December PAGE 2 OF 8 A.Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and an Affidavit of Wages Paid at the end of the project with the Washington State Department of Labor and Industries. The State of Washington prevailing wage rates applicable for this project,which is located in King County,may be found at the following website address of the Department of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuant to WAC 296 127 011,the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date the contract is executed as reflected in the Effective Date”identified at the top of the first page of this Agreement. Upon request,the City will provide a copy of the applicable prevailing wages for this project.Alternatively,the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified as the City of Renton contact in Paragraph 15 Notices of this agreement. B.Retainage held by the City or in Escrow Account: Pursuant to RCW 60.26 and 39.08 the City requires a 5 Retainage be withheld and that the Contractor will provide a either a Performance and Payment Contract)Bond on the City approved form upon execution of the Agreement or waive the payment and performance bond and instead the City will retain 10%.Payment of the initial 95%will be made in the next pay cycle of the City Finance Department after receipt of such voucher or invoice pay cycles are bi weekly).The remaining 5%will be retained for the purpose of completion of the project and fulfillment of claims and liens.Unless the contractor waives the payment and performance bond below and opts for a 10%retainage below.) Contractor must pick one if contractor does not pick one then 5%with contract bond is required: To provide a payment and performance bond contract bond)in the amount of 100%of the estimate including taxes with a 5%retainage. or DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D PAGE 3 OF 8 X___To waive a payment and performance bond contract bond)and instead the city will retain the remaining 10%will be retained for the purpose of completion of the project and fulfillment of claims and liens. B. The City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. C.Final Acceptance.Final Acceptance of the Project occurs when the Public Works Director has determined that the Project is one hundred percent 100%)complete and has been constructed in accordance with the Plans and Specifications. D.Payment in the Event of Termination.In the event this Contract is terminated by the either party,the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work is satisfactorily completed,as scheduled,up to the date of termination.At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the City in finishing the work,and all damages sustained by the City or which may be sustained by the City or which may be sustained by the reason of such refusal,neglect,failure or discontinuance of Contractor performing the work,such excess shall be paid by the City to the Contractor.If the City’s expense and damages exceed the unpaid balance,Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City.Such expense and damages shall include all reasonable legal expenses and costs incurred by the City to protect the rights and interests of the City under the Contract. 8.Hold Harmless:Contractor shall indemnify,defend and hold harmless the City,its elected officials,officers,agents,employees and volunteers,from and against any and all claims, losses or liability,or any portion of the same,including but not limited to reasonable attorneys’fees,legal expenses and litigation costs,arising from injury or death to persons, including injuries,sickness,disease or death of Contractor’s own employees,agents and volunteers,or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by The City and its officers,agents,employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115,Validity of agreement to indemnify against liability for negligence relative to construction,alteration,improvement,etc.,of structure or improvement attached to real estate…)then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and The City,its officers,officials,employees and volunteers,Contractor’s liability shall be only to the extent of Contractor’s negligence. DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D PAGE 4 OF 8 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act, RCW Title 51,solely for the purposes of this indemnification.The Parties have mutually negotiated and agreed to this waiver.The provisions of this section shall survive the expiration or termination of this Agreement. 9.Insurance:Contractor shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of 1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.Professional liability insurance,in the minimum amount of 1,000,000 for each occurrence,shall also be secured for any professional services being provided to The City that are excluded in the commercial general liability insurance. C.Workers’compensation coverage,as required by the Industrial Insurance laws of the State of Washington,shall also be secured. D.It is agreed that on Contractor’s commercial general liability policy,the City of The City will be named as an Additional Insured on a non contributory primary basis.The City’s insurance policies shall not be a source for payment of any Contractor liability. E.Subject to the City’s review and acceptance,a certificate of insurance showing the proper endorsements,shall be delivered to the City before executing the work of this Agreement. F.Contractor shall provide the City with written notice of any policy cancellation,within two 2)business days of their receipt of such notice. 10.Discrimination Prohibited:Except to the extent permitted by a bona fide occupational qualification,the Contractor agrees as follows: A.Contractor,and Contractor’s agents,employees,representatives,and volunteers with regard to the Work performed or to be performed under this Agreement,shall not discriminate on the basis of race,color,sex,religion,nationality,creed,marital status, sexual orientation or preference,age except minimum age and retirement provisions),honorably discharged veteran or military status,or the presence of any sensory,mental or physical handicap,unless based upon a bona fide occupational qualification in relationship to hiring and employment,in employment or application for employment,the administration of the delivery of Work or any other benefits under this Agreement,or procurement of materials or supplies. DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D PAGE 5 OF 8 B. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race,creed, color,national origin,sex,age,sexual orientation,physical,sensory or mental handicaps,or marital status.Such action shall include,but not be limited to the following employment,upgrading,demotion or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms of compensation and selection for training. C.If Contractor fails to comply with any of this Agreement’s non discrimination provisions,the City shall have the right,at its option,to cancel the Agreement in whole or in part. D.Contractor is responsible to be aware of and in compliance with all federal,state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11.Independent Contractor:Contractor’s employees,while engaged in the performance of any of Contractor’s Work under this Agreement,shall be considered employees of the Contractor and not employees,agents,representatives of the City and as a result,shall not be entitled to any coverage or benefits from the City of Renton.Contractor’s relation to The City shall be at all times as an independent contractor.Any and all Workman’s Compensation Act claims on behalf of Contractor employees,and any and all claims made by a third party as a consequence of any negligent act or omission on the part of Contractor’s employees,while engaged in Work provided to be rendered under this Agreement,shall be the solely Contractor’s obligation and responsibility. 12.City of Renton Business License:The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing business/register my business 13.Record Keeping and Reporting:Contractor shall maintain accounts and records,which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement.The Contractor agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act Chapter 42.56 RCW). DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D PAGE 6 OF 8 14.Public Records Compliance.To the full extent the City determines necessary to comply with the Washington State Public Records Act,Contractor shall make a due diligent search of all records in its possession,including,but not limited to,e mail,correspondence, notes,saved telephone messages,recordings,photos,or drawings and provide them to the City for production.In the event Contractor believes said records need to be protected from disclosure,it shall,at Contractor’s own expense,seek judicial protection.Contractor shall indemnify,defend,and hold harmless the City for all costs,including attorneys’fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein,or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner,unless those records are protected by court order. 15.Other Provisions: A.Administration and Notices.Each individual executing this Agreement on behalf of The City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Contractor. Any notices required to be given by the Parties shall be delivered at the addresses set forth below.Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail,postage prepaid,to the address set forth below.Any notice so posted in the United States mail shall be deemed received three 3)calendar days after the date of mailing.This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. CITY OF RENTON Edward Grube 1055 South Grady Way Renton,WA 98057 Phone:425)430 6670 egrube@rentonwa.gov Fax:425)430 XXXX CONTRACTOR Todd Carlson 702 Industry Drive Tukwila,WA 98188 Phone:206)334 3908 toddcarlson@eci nw.com Fax:XXX)XXX XXXX B.Amendment and Modification.This Agreement may be amended only by an instrument in writing,duly executed by both Parties. C.Assignment and Subcontract.Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton’s prior express written consent. DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D PAGE 7 OF 8 D.Compliance with Laws.Contractor and all of the Contractor’s employees shall perform the Work in accordance with all applicable federal,state,county and city laws,codes and ordinances.A copy of this language must be made a part of any contractor or subcontractor agreement. E.Conflicts.In the event of any inconsistencies between contractor proposals and this contract,the terms of this contract shall prevail. F.Governing Law.This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. G.Joint Drafting Effort.This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation,substitution,submission or other event of negotiation,drafting or execution. H.Jurisdiction and Venue.Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent,King County,Washington,or its replacement or successor. I.Severability.A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement,which shall remain in full force and effect. J.Sole and Entire Agreement.This Agreement contains the entire agreement of the Parties and any representations or understandings,whether oral or written,not incorporated are excluded. K.Third Party Beneficiaries.Nothing in this Agreement is intended to,nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties,and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Waivers.All waivers shall be in writing and signed by the waiving party.Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either The City or Contractor from enforcing that provision or any other provision of this Agreement in the future.Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D PAGE 8 OF 8 IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR Martin Pastucha,Administrator Michael Inay 1055 South Grady Way President Renton,Washington 98057 Date 12/09/22 Date Approved as to Legal Form Shane Moloney Renton City Attorney Date Non standard pw single craft under 25K clb 02/08/22 Clb12 2 22 2255) DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D 12/30/2022 | 3:22 PM PST Approved by Cheryl Beyer via 12/13/2022 email 12/13/2022 email Exhibit A City Hall – Key Card Project November 8th, 2022 (Tuesday) – 11:00AM till 12:00PM • Location: o City Hall – 1055 South Grady Way, Renton, WA 98057 • Work Scheduled: o Weekday Work (Monday thru Friday) o Work Hours (To Be Determined) o Start Date (To be Determined) • Walk Thru of Work Area o Questions can be asked during Walk through but once it has been completed; facilities cannot answer questions after the walkthrough. • Expectations: o Arrive on Time when Scheduled o This is a Prevailing Wage Project o Provide L&I Affidavit and Intent at the Start and End of the Project o Provide all Permits associated with the Project, if required o Contractor to observe proper OSHA safety protocol throughout project. o Installation of Key Card Readers and Strikes on 1 Interior Doors at City Hall at the 1st Floor Police Lobby ▪ Integration to existing system; Lenel • Installation of new Hardware, if needed • If required, Integration into the Fire System • Routing of necessary network wires to allow system to integrate into existing system and new system ▪ Installation of • Card Reader at the door • Electronic Strike at each door • Routing of necessary wiring to allow system to integrate into existing system and new system ▪ Program New Hardware into the Existing Software; Lenel OnGuard o Daily Cleanup and Removal of debris from Location. o Walkthrough once all work has been completed at location to ensure all work has been accomplished Attachment A DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D • Bid Due Date: o Deadline for Bids is November 14th, 2022 at 5:00PM o We will not accept Bids after the deadline. o Bids must be Submitted Via Email and sent to egrube@rentonwa.gov o The City of Renton has the right to Reject all Bids. o The Lowest Responsible Bidder will be notified via Phone Call or Email that they have won the Small Works Project. o If you are not contacted within 1 week after the Deadline listed below; you have not been selected for the Small Works Project o If you want to find out about the winning bid or other bids, please submit a Public Records Request at City Clerk’s Office. DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D 34948 34948 11917 105 1 17 17 USD 2 2 1 1 Quotation No.:90128-1 Client No.:11917 Todd Carlson toddcarlson@eci-nw.com Date:11/1/2022 Quote Valid 30 days Renton City Hall Lobby Police Door Reader Add Due Upon ReceiptF a x : Phone: 206-430-6643 Renton, WA 98057 Edward Grube 1055 South Grady Way Renton Community Services Special Terms listed below 702 Industry Drive Phone: (206) 622-0452 Fax: (206) 622-8727 Tukwila, WA 98188 SCOPE OF WORK Entrance Controls will provide and install the following: 1) Install a new panel with lock power supply in the police dispatch area. The location is still to be determined. The owner will provide Data Drop at the panel location. 2) The new panel will include a Lenel LNL- X2220 Board that will allow you to hook up two card readers. 3) Install a card reader on the police lobby door. ECI will provide a CX-33 module to interface the card access system and the existing auto-opener. The door also has an electric strike already installed with an intercom that releases the door. 4) The owner to provide IP information as needed. 5) ECI to provide all programming and testing. 6) Additional reader capacity may be needed. ECI will provide this on a seperate quote. 7) The card access door already has a strike on it that we will reuse. 8) All work to be done duirng normal business hours Qty.Description Unit Price Total PriceManufacturerPart# 198.79 198.79HID CorpReader, multiCLASS RP40, Wall920PTNNEK000001 72.77 72.77Bosch Security SystDetector, PIR Request To Exit SensorDS1601 1.55 1.55Bosch Security SystA light gray trim plate used whenTP1601 11.94 11.94Interlogix (UTC)Replaced with 194-12-W1076-N1 663.60 663.60LenelLenel UL Listed Power Supply –LNL-AL600ULX-4CB61 301.00 301.00Altronix CorporatioAccess power controller with powerAL600ULACMCB1 1,971.20 1,971.20LenelIntelligent Dual Reader Controller –LNL-X22201 98.00 98.00CamdenADA Time DelayCX-331 1.50 150.00WIRECOMPOSITE Wipln-originalWIPLN-COM100 175.00 175.00 Handling and freight chargesShipping1 210.00 210.00Permits & FeesPERMITS AND FEES1 1,125.00 1,125.00MISC.120vacLOT-LABOR1 140.00 140.00Cable Managment GutterMISC MATERIAL1 3,045.00 Equipment Sub Total: Labor: 5,118.85 Installation DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D 290.00Engineering 290.00Programming/Testing 290.00Project Management 145.00Firewood for panel 725.00Cable Pathway 4,785.00Labor Sub Total: Labor & Equipment Total:9,903.85 Total value 9,903.85 plus Tax $ Due Upon Receipt Payment Terms: Special Terms and Conditions Due upon receipt Exclusions: 1. Any other work than described and quoted 2. 120vac power 3. Conduit/Raceway/Wiremold 4. Core Drilling 5. Card holder programming 6. Cutting/Patching/Painting 7. Handling of Hazardous Materials 8. Existing Code Violations 9. Unforeseen/Hidden Conditions 10. After Hours Work 11. Sales Tax WARRANTY 1 YEAR PARTS AND LABOR (MONDAY-FRIDAY 7AM-4PM) Accepted By:______________________________________Date:________________________________ Printed Name:_______________________________PO Number:________________________________ SECURING YOUR ENVIRONMENT 5,118.85 4,785.00 Net Total Material: Net Total Labor: $ $ DocuSign Envelope ID: 987EAEF7-330D-4C0A-A68F-31E90EC9239D