HomeMy WebLinkAboutContractPAGE 1 OF 8
THIS AGREEMENT (“Agreement”) is made as of the 19th day of January,2022, (the “Effective
Date”) by and between the City of Renton, a non-charter code city under RCW 35A, and
a municipal corporation under the laws of the State of Washington (“City”),
Intracommunication Network Systems Inc, (“Contractor/ INSI”), a W a s h i n g t o n a company,
who are collectively referred to as the “Parties”, to provide fiber splicing services, City and
Contractor agree as set forth below.
WHEREAS,the City has entered into the State Master Contracts Usage Agreement (MCUA)
#21725 authorizing the use of State Contracts; and,
WHEREAS, through competitive bid process Washington State Department of Enterprise
Services (DES) awarded Contract #05620 that provides for IT cabling materials and services for new
and previously installed Local Area Networks (LANs) and Wide Area Networks (WANs) and other
voice, data or video systems.
WHEREAS,Contractor is a listed and participating Contractor for Contract #05620.
The City and Contractor agree as set forth below:
1. Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Attachment “A.”
2. Changes in Scope of Services: City, without invalidating this Agreement, may order
changes to the Scope of Services 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 signed by the Parties.
3. TimeofPerformance: ContractorshallcommenceperformanceoftheAgreementnolater
IT-Cabling AGREEMENT
Using State Master Contract #05620/w1165
CAG-2__-_____
2 025
PAGE 2 OF 8
than 30 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
Services, on___________________, 2022. This Agreement may be extended to
accomplish change orders, if required, upon mutual written agreement of City and
Contractor.
Termination:
A. The City reserves the right to terminate this Agreement at any time, with or
without cause by giving ten (10) calendar days’ notice to the Contractor in writing.
B. In the event this Agreement is terminated by the City, the Contractor shall beentitled
to payment for all hours worked to the effective date of termination, less all
payments previously made. If the Agreement is terminated by the City after partial
performance of Work for which the agreed compensation is a fixed fee, the City shall
paytheContractoranequitableshareofthefixedfee.Thisprovisionshallnotprevent
the City from seeking any legal remedies it may have for the violation or
nonperformance of any of the provisions of this Agreement or from withholding
payment for reasonably disputedcharges. No payment shall be made by the City for
any expenses incurred or work done following the effective date of termination unless
authorized in advance in writing by theCity.
5. Agreement Sum: The total amount of this Agreement is the sum of $8,777.95 which
includes Washington State Sales Tax.This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
6. Consideration:In exchange for Contractor’s performance of the items and responsibilities
identified in the Scope of Services, City agrees to make payment of the amount identified as
the Agreement Sum.
7. Prevailing Wage/ Method of Payment: 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.
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
March 1st
PAGE 3 OF 8
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.For limited Public Works Contracts under $35,000
For limited public works projects, the City chooses to waive the payment and
performance bond requirements of chapter 39.08 RCW and the retainage
requirements of chapter 60.28 RCW, for laborers, mechanics, subcontractors,
material persons, suppliers, and taxes imposed under Title 82 RCW that may be due
from the contractor for the limited public works project, however the City shall have
the right of recovery against the contractor for any payments made on the
contractor's behalf.
C. 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.
D. 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.
E. 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
PAGE 4 OF 8
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 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 deathto 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 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 City, its officers, officials, employees and volunteers, Contractor’s
liability shall be only to the extent of Contractor’s negligence. 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 Partieshave 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
eachoccurrence/$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 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 will be
PAGE 5 OF 8
named as an Additional Insured on a non-contributory primary basis. City’sinsurance
policies shall not be a source for payment of any Contractor liability.
E. Subject to City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to City before executing the work of this
Agreement.
F. Contractor shall provide 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
withregard to the services 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 anysensory, 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 services or any
other benefits under this Agreement, or procurement of materials or supplies.
B. The Contractor will take affirmative action to insure that applicants are employed
andthat employees are treated during employment without regard to their race,
creed, color, national origin, sex,age, sexual orientation, physical, sensoryor 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,Cityshallhavetheright,atits option,tocanceltheAgreementinwholeor
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 services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of City and as a result, shall notbe
PAGE 6 OF 8
entitled to any coverage or benefits from the City of City. Contractor’s relation to 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 madeby a third-party as a
consequence of any negligent act or omission on the part of Contractor’s employees, while
engaged in services provided to be rendered under this Agreement, shall be the solely
Contractor’s obligation and responsibility.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Contractor 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:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://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 Services 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).
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 searchof 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. Contractorshall
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
RecordsActrequestinatimelymanner,unlessthoserecordsareprotectedbycourtorder.
15. Other Provisions:
A.Administration and Notices. Each individual executing this Agreement on behalf of
PAGE 7 OF 8
City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of City or Contractor.
Any notices required to be given by the Parties shall be delivered at the addresses
setforth below. Any notices may be delivered personally to the addressee of the
noticeormay 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
receivedthree (3) calendar days after the date of mailing. This Agreement shall be
administeredby and any notices should be sent to the undersigned individuals or
their designees.
CITY OF RENTON
Paul Rakel
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6876
prakel@rentonwa.gov
CONTRACTOR
Intracommunication Network System,
Inc. (INSI)
4922 N. Pearl ST
Tacoma, WA. 98407
Phone: (253) 760-0418
AriS@INSIcabling.com
Fax: (253) 879-0186
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.
D.CompliancewithLaws. ContractorandalloftheContractor’semployeesshallperform
the services in accordance with all applicable federal, state, county and city laws,
codesand 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
preparedby 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.
PAGE 8 OF 8
H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
orinterpret 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
willbe 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
preventeitherCityorContractorfromenforcingthatprovisionoranyotherprovision
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.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date
above.
CITY OF RENTON
_____________________________
CONTRACTOR
Ari Shackell,Project Manager
____________________________
Kristie Rowland
Deputy Chief Administrative Officer
_____________________________
Date
01-20-2022
_____________________________
Date
Approved as to Legal Form
_______________________________
Shane Moloney
Renton City Attorney
Clb 1-21-22 (1817) Non-standard
(approved via email from Cheryl Beyer)
Phone 253.761.0418
4922 North Pearl Tacoma, WA 98407 Fax: 253.879.0186
*C O N S U L T I N G *D E S I G N *I N S T A L L A T I O N
Statement of Work
INSI/DES Contract Number 0918/INSI
'HFHPEHU
&LW\RI5HQWRQ
6*UDG\:D\
5HQWRQ:$
7KDQN\RXIRUDOORZLQJIntracommunication Network Systems Inc. (INSI)WKHRSSRUWXQLW\WRSURYLGHWKH
IROORZLQJTXRWDWLRQWRSURYLGH7HOHFRPPXQLFDWLRQVHUYLFHVIRUWKH&LW\RI5HQWRQ
6FRSHRI:RUN±)LEHU6SOLFLQJ5HQWRQ&LW\+DOOWR&RXORQ3DUN
x6SOLFH*UHHQ%XIIHUDQG%URZQ%XIIHU&LW\+DOORQSDWFKSDQHO$3&DW5&+3
x$GGWUD\WRVSOLFHFDVHDW*UDG\:D\6 :HOOV$YH6
x6SOLFH%URZQ%XIIHU&LW\+DOOWR5HG6WULSH%XIIHU56'&R5RQVSOLFHFDVHDW*UDG\:D\6
:HOOV$YH6
x6SOLFH5HG6WULSH%XIIHU56'&R5WR5HG6WULSH%XIIHU&R5-XPSHURQVSOLFHFDVHDW1
VW6W :HOOV$YH1
x9HULI\5HG6WULSH%XIIHU&R5-XPSHUWR%URZQ%XIIHU&R5WR1WK /RJDQ1RQVSOLFHFDVH
DW1VW6W :HOOV$YH1
x9HULI\%URZQ%XIIHU&R5WR1WK /RJDQ1WR%URZQ%XIIHU&R576WR/RJDQ3DUNLQJ
*DUDJHRQVSOLFHFDVHDW1WK6W /RJDQ$YH1
x6SOLFH%URZQ%XIIHU&R576WR/RJDQ3DUNLQJ*DUDJHWR%URZQ%XIIHU&R576WR/RJDQ1
16RXWKSRUWRQVSOLFHFDVHDW/RJDQ3DUNLQJ*DUDJH
x$GGVSOLFHFDVHDW/DNH:DVK%OYG1 &RXORQ%HDFK'U
x6SOLFH%URZQ%XIIHU&R576WR/RJDQ1 16RXWKSRUWWR%OXH%XIIHU&R5WR&2802RQ
VSOLFHFDVHDW/DNH:DVK%OYG1 &RXORQ%HDFK'U
x$GGQHZUDFNPRXQWDEOHILEHUWUD\WR&2802
x6SOLFH%OXH%XIIHU&R5WR&2802RQSDWFKSDQHO/&DW&2802
o(TXLSPHQWQHHGHG7KUHHILEHUEXONKHDGVWZR606&$3&VLPSOH[RQH60/&83&
VLPSOH[2QHVSOLFHFDVHWUD\2QHUDFNPRXQWDEOHILEHUWUD\$OOFDEOHVZLOOKRPHUXQEDFN
WRWKHDFFHVVFRQWUROSDQHOQH[WWR7HOFRPDLQWHQDQFHURRP
x4XRWHLQFOXGHV7UDIILFFRQWURODWDIHZORFDWLRQV
x4XRWHLQFOXGHVFXUUHQW3UHYDLOLQJ:DJHUDWHVIRU.LQJ&RXQW\
3ULFLQJ±&LW\RI5HQWRQ±)LEHU6SOLFLQJ
/DERU
0DWHULDOV
7RWDO
ATTACHMENT A
Assumptions of Scope:
x,16,ZLOOREWDLQDOOSHUPLWVLIUHTXLUHG
x$OOFDEOHSDWKZD\VZLOOEHHDVLO\DFFHVVLEOHDQGIUHHDQGFOHDUIURPDQ\REVWUXFWLRQ
x,16,ZLOOFRQGXFWRUDWWHQGWKHDSSURSULDWH6DIHW\2ULHQWDWLRQ0HHWLQJSULRUWRSHUIRUPLQJDQ\ZRUN
x$OOZRUNSHUIRUPHGZLOOEHFRPSOLDQWZLWK(,$7,$7HOHFRPPXQLFDWLRQV%XLOGLQJ:LULQJ6WDQGDUGV
DQGLQDFFRUGDQFHZLWKDOODSSOLFDEOHHOHFWULFDODQGEXLOGLQJFRGHV
x,16,ZLOOWHVWDOOQHZO\LQVWDOOHGZLULQJDQGODEHOLQDFFRUGDQFHZLWK&XVWRPHU,QGXVWU\VWDQGDUGV
x$OOZRUNZLOOEHSHUIRUPHGGXULQJQRUPDOEXVLQHVVKRXUV$0±300RQGD\WKURXJK
)ULGD\:RUNSHUIRUPHGGXULQJKRXUVRWKHUWKDQQRUPDOEXVLQHVVKRXUVZLOOEHELOOHGDWSUHPLXPUDWHV
UDWHVFKHGXOHDYDLODEOHRQUHTXHVW,16,DQG&XVWRPHUPXVWDSSURYHLQZULWLQJDOO³RIIVKLIW´RU
SUHPLXPWLPHZRUN
x&KDQJH2UGHU,IFKDQJHVDUHUHTXLUHGGXULQJWKHFRXUVHRIWKLVSURMHFWDFKDQJHRUGHUZLOOEHSURYLGHG
DQGZRUNZLOOFRQWLQXHXSRQDSSURYDORIVXFKFKDQJHRUGHU
x:DUUDQW\,16,ZDUUDQWVWKHZRUNSHUIRUPHGE\,16,DJDLQVWGHIHFWVLQPDWHULDOVDQGZRUNPDQVKLSIRU
DSHULRGRI\HDUIURPWKHGDWHRIFRPSOHWLRQSURYLGHGDQ,16,WHFKQLFLDQSHUIRUPVDOODGGVPRYHV
DQGFKDQJHVGXULQJWKHZDUUDQW\SHULRG
x$FFHVVZLOOEHSURYLGHGLQDWLPHO\PDQQHUWRDOOIDFLOLWLHVZKHUHZRUNLVUHTXHVWHG'HOD\VDQGRU
LQWHUUXSWLRQVUHVXOWLQJIURPODFNRIDFFHVVPD\UHVXOWLQDGGLWLRQDOFKDUJHV
Exempt from Scope:
x0'),')3DWFK&RUGV8QNQRZQTXDQWLWLHVDQGOHQJWKV
x8QIRUHVHHQFLUFXPVWDQFHVDQGKLGGHQRUQRWUHDGLO\DSSDUHQWFRQGLWLRQV
x&DEOHSDWKZD\VRWKHUWKDQDVGHILQHGLQWKH6FRSH
Terms and Conditions:
x$XWKRULW\IRUWKLVSURMHFWLV,16'(6&RQWUDFW1XPEHU,16,DQGD'(60DVWHU&RQWUDFW
$GPLQLVWUDWLYH)HHRIZLOOEHDVVHVVHGRQWKHWRWDOSXUFKDVHSULFH
x3D\PHQW7HUPV0DWHULDODQGPRELOL]DWLRQIHHVZLOOEHLQYRLFHGXSRQDFFHSWDQFHRISURSRVDO3URJUHVV
LQVWDOODWLRQLQYRLFHVZLOOEHVXEPLWWHGPRQWKO\ZLWKILQDOLQYRLFHVXEPLWWHGXSRQFRPSOHWLRQDQG
DFFHSWDQFH1HWGD\V2YHUGXHDFFRXQWVVXEMHFWWRPRQWKO\VHUYLFHFKDUJH
x,16,VKDOOQRWEHOLDEOHIRUGDPDJHVWRPDWHULDOVRUERGLO\LQMXU\DULVLQJIURPFDXVHVEH\RQGLWV
UHDVRQDEOHFRQWURO
x7KHVHSULFHVDUHJRRGIRUDSHULRGRIGD\VGXHWRVXSSO\FKDLQLVVXHV
x7KLVELGLQIRUPDWLRQLVFRQILGHQWLDODQGSURSULHWDU\IRUXVHRQO\E\&XVWRPHU DQG,16,
3OHDVHVLJQLI\DFFHSWDQFHRIWKLVSURSRVDOE\VLJQLQJDQGUHWXUQLQJWR,16,,I\RXKDYHDQ\TXHVWLRQVSOHDVH
FRQWDFWPHDW
6LQFHUHO\
$UL6KDFNHOO3URMHFW0DQDJHU
,QWUDFRPPXQLFDWLRQ1HWZRUN6\VWHPV,QF,16,
$FFHSWDQFHRI3URSRVDO
)LEHU6SOLFLQJ5HQWRQ&LW\+DOOWR&RXORQ3DUN
3URMHFW1DPH
BBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBB
&XVWRPHU6LJQDWXUH'DWH
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBB
3ULQW1DPH7LWOH2UGHU1R
!
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 27
(Rev. 2021-06-18)
EXHIBIT A
INCLUDED GOODS/SERVICES
IT CABLING – CATEGORY 1 – IT CABLING & INSTALLATION
Intracommunication Network Systems, Inc. dba INSI will provide contract services in the following regions and subcategories:
Region Sub Category
North Puget Sound
Inside
Outside
Olympic
Inside
Outside
Southwest Inside
Outside
South Central Inside
Eastern Inside
North Central Inside
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 28
(Rev. 2021-06-18)
Solicitation NO.: 05620- IT Cabling Category 1- Services and Installation BIDDER: Intracommunication Network Systems Inc. (INSI)
Exhibit B - Category 1 Performance Requirements (Revised 7.30.21)
Scope: Information technology (IT) cabling goods and services for new and previously installed Local Area Networks (LANs) and Wide Area Networks (WANs) and other voice, data, or video systems.
For purposes of this Competitive Solicitation, IT cabling is defined as including outside aerial and underground cables and inside riser, distribution, and station cabling. Copper twisted pair, coaxial cable and fiber-optic cables and other types of low-
voltage signaling cables installed within buildings or campus environments also are included in the scope of this Competitive Solicitation.
This category includes Inside and Outside work, and all parts and materials required to complete the service and installation. Inside work involves IT cabling installation in new buildings, major renovated buildings and additions to existing cabling
networks. Outside work will be for inter-building connectivity. Outside work may include digging and trenching as well as installing cabling.
Instructions:
1. Review Requirements.
2. Review Priority and the provided definitions:
• “MANDATORY”: Bidder response must comply with the requirement and the Bidder’s response will be evaluated on a "Pass/Fail" basis. Selecting "Fully Meets" for mandatory requirements will be considered "Pass". All other responses will be considered "Fail".
• "MANDATORY SCORED": Bidder response will be evaluated and assigned a score based on how well Bidder’s response meets the requirement. Maximum points possible is 10 points for each requirement. Not meeting any of the requirements will be evaluated as a “Fail”.
• “HIGHLY DESIRABLE": Bidder response will be evaluated and assigned a score based on how well Bidder’s response meets the requirement. Maximum points possible is 5 points for each requirement. Highly Desirable Requirements support necessary purchaser operations
and the Bidder response is less effective if such requirements are not met.
3. How Bidder Meets Requirements:
• Select and indicate using the pulldown button if bidder Fully Meets, or Does Not Meet a requirement in How Bidder Meets Requirement column.
4. Written Response:
• Bidder must respond in the Written Response column for every requirement that indicates a "Written Response Required”.
• Bidders are asked to explain how they meet the requirement, and may also express specific exceptions and list any alternative certificates, licenses or qualifications for requirements not specifically met.
• Evaluators will consider the totality of Bidders’ experience or alternative qualifications in scoring Bidder responses.
• All requested certifications/documentation required for Exhibit B must be titled: "ExhibitB1.filename.filetype", for example, Exhibit B1.certification.pdf"
5. Attachments:
• Only attachments that are requested/required in the Written response column, will be considered in evaluation.
• NO attached or additional information outside of those required attachments will be evaluated.
• All written response answers MUST be included inside this document to be considered for evaluation.
6. Outside Work:
• If Bidder is submitting proposal for Inside Work AND Outside Work, they must complete all sections marked with * for Outside work.
• Bidders who only wish to submit a bid for Inside Work do NOT need to complete sections marked with *.
Limited responses may receive lower scoring than those that demonstrate understanding and mastery of the subject matter.
Outside
Work
Req
ID Category Functional Requirements Priority
How Bidder
Meets
Requirement
Written Response
1.0 Gen. GENERAL BIDDER REQUIREMENTS:
1.1 Gen.
The Bidder must furnish all necessary labor, supervision, tools, materials, and testing required to
complete the project as specified in each Purchase Order or Statement of Work (SOW) entered into
with a Purchaser under the Master Contract.
MANDATORY Fully Meets
2.0 Stds. Comp. STANDARDS COMPLIANCE:
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 29
(Rev. 2021-06-18)
2.1 Stds. Comp.
All work and materials covered by this Solicitation and resulting Master Contract(s) shall be
performed in compliance with Chapter 19.28.410 Revised Code of Washington, Chapter 296-46B-010
Washington Administrative Code, and the most current versions of the following mandatory
standards:
• NFPA-70 National Electrical Code
• ANSI\TIA\EIA 568 series, Commercial Building Telecommunications Cabling Standard
• ANSI\TIA\EIA 569-E , Commercial Building Standard for Telecommunications Pathways and Spaces,
o Ex. Pathways, Work area outlets, Patch panels, Racks and cabinets, Ports, Grounding, busbars,
Cabling, Firestop locations, Telecommunications space, Data center room grid
• ANSI\TIA\EIA 606-C Commercial Building Telecommunication standard for Labeling
• ANSI-J-STD-607-C, Commercial Building Grounding (Earthing) and Bonding Requirements for
Telecommunications
• ANSI\EIA\TIA 862-B Structured Cabling infrastructure Standard for Intelligent building Systems
(Building Automation standard)
• ANSI\EIA\TIA 942-B Telecommunications standard for Data centers
• OSHA/WISHA Construction and safety standards
Any additional codes/standards required under a Purchaser’s Purchase Order/SOW or by state or
federal regulation. Bidder will be held responsible for compliance with the most recent versions of
the specified codes/standards/regulations and any revisions or updates. Should conflicts arise with
the foregoing, the Department of Enterprise Services will have responsibility for making final
interpretation.
MANDATORY Fully Meets Written Response Required. List all sizes that you offer.
3.0 Cert. CERTIFICATION:
3.1 Cert.
COMPANY CERTIFICATIONS. Bidder must maintain certification from the Manufacturer(s) that
provides structured cabling system twenty-five (25) year or more warranties as identified in Bidder’s
response to this RFQQ.
Written Response Required. List the Manufacturer(s) Certifications you maintain that meet this
requirement.
MANDATORY
SCORED Fully Meets
INSI maintains certification from the following Manufactures, all of whom provide a 25 year or more warranty on
their structured cabling systems.
Commscope Uniprise (AMP) / Leviton / Belden / Corning
3.2 Cert.
COMPANY CERTIFICATIONS. The Bidder response must provide documentation that the company is
certified by at least one (1) manufacturer that provides structured cabling-system 20-year-or-more
warranties in Washington state. For example:
• Commscope (Systimax) Ortronics, Inc. (Certified Installer-Plus Program);
• AMP (Netconnect Design and Installation Program);
• Leviton (Certified Cabling System);
• Belden (IBDN).
These manufacturers are examples only – the list is not all-inclusive.
Written Response Required. Bidder must identify the certified warranty manufacturer and provide a
photocopy of said certification(s).If Bidder has more than one manufacturer certification, please
submit any additional certifications.
MANDATORY
SCORED Fully Meets
INSI maintains certification from the following Manufactures, all of whom provide a 20 year or more warranty on
their structured cabling systems.
Commscope Uniprise (AMP) - Solution Provider, Certified Member
Leviton - Premier Network Installer, Certified Member
Belden - Partner Alliance Installer and Integrator, Certified Memeber
Corning - Network of Preferred Installers, Certified Memeber
3.3 Cert.
COMPANY CERTIFICATIONS. Bidder must have employed staff or subcontractors that meet the
certification criteria for installation for each Manufacturer upon which award of this Master Contract
is predicated.
MANDATORY Fully Meets
3.4 Cert.
COMPANY CERTIFICATIONS. Bidder installation personnel that work onsite must have International,
or Manufacturer certification in accordance with industry standards and best practice methodologies
and must be proficient with the installation and termination of all equipment that is to be installed
onsite. Upon request Bidder will furnish a copy of such certification to Purchaser or DES.
MANDATORY Fully Meets
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 30
(Rev. 2021-06-18)
3.5 Cert.
EMPLOYEE CERTIFICATION/TRAINING. Any person working on the installation or maintenance of
purchaser-owned equipment must be manufacturer-certified by the equipment manufacturer, to
maintain a manufacturer warrantied solution. Manufacturer Certification is defined as attendance
and successful completion of certification-requirement training within a manufacturer’s program.
Any person working on the installation or maintenance of purchaser-owned equipment that does
NOT have a new or existing manufacturer warranty, must be international professional
telecommunications society certified [ex. Bicsi (Building Industry Consulting Services International),
TIA (Telecommunications Industry Association), ETA International, FOA (The Fiber Optic
Association)]. Certificates for all persons working on the installation or maintenance of purchaser-
owned equipment must be submitted to Purchaser with a quote or Statement of Work (SOW)
BEFORE starting any work.
Written Response Required.
MANDATORY
SCORED Fully Meets
INSI employees are certified and trained through the following manufacture training programs, which is a
requirement to remain in good standing and active within their ceritified installer programs.
Commscope Uniprise - Online training is available year round. INSI obtains an annual subscription that allows for
unlimited training sessions for all of our staff.
Leviton - In-person training is typically offered bi-annually (COVID has restricted this). Technician certifications
expire after 4 years, so our technicians are rotated through accordingly.
Belden - In-person training is made available upon request, and this is done annually if need be.
Corning - Corning offers training webinars, and a mandatory viewing a percentage of them is required for
maintaining installer certification. Technicians are also trained additionally and separately certified through FOA
courses.
3.6 Cert.
FIBER OPTIC CERTIFICATION. Please describe any certification/training by the Fiber Optic Association
(FOA) or any qualified Industry training certification organization(s) specifically for fiber-optic or
premises cabling.
Written Response Required. Attach copies of any Fiber Optic or premises certifications.
HIGHLY
DESIRABLE Fully Meets
We try to send our Journey Level technicians to fiber training every few years. COVID has made in person
training difficult, so many classes have not been available recently.
Dwayne Hall - Light Brigade Advanced Fiber Optics Certification
Joe Schafer - Light Brigade Advanced Fiber Optics Certification
4.0 Lic & Staff LICENSING AND STAFFING:
4.1 Lic & Staff.
PROJECT MANAGER: Bidder must assign a project manager for each Purchaser project. Purchaser
must have approval rights over the project manager, or any replacements thereof. The project
manager must be the principal point of contact for Purchaser and must coordinate Bidder’s activities.
The project manager must produce and maintain a complete plan for all Bidder-related activities
concerning the Purchaser’s order document/statement of work.
Written Response Required. Provide the name(s) and a brief description of experience for key
personnel who might perform the job of Bidder Project Manager.
MANDATORY
SCORED Fully Meets
Ari Shackell - INSI Project Manager since 1995, extensive work with School Districts, Thurston County and
numerous DES projects state wide.
Larry Howser - INSI Project Manager since 1996, extensive work with School Districts, Olympic College,
Franciscan Health, Goodwill, and the YMCA.
Justin Reinvik - INSI Project Manager since 2015, extensive work with Shool Districts, Green River College, City
of Tacoma, Pierce County, the VA Hospital and various DES projects.
Erik Olson - INSI Project Manager since 1986, extensive work with Pierce County over the last 20 years.
4.2 Lic & Staff.
ELECTRICIANS. Bidder must have employed staff or subcontractors that meet the Licensed Electricians
licensing requirements of chapter 19.28 RCW. MANDATORY Fully Meets
4.3 Lic & Staff.
ELECTRICIANS. Bidder must have at least one (1) employed staff or subcontractor that holds
certificates of competency as at least a Journey Level Electrician per requirements of RCW 19.28.161.
Written Response Required. Provide the name(s) of any such person(s) and photocopy(s) of
certificate(s).
MANDATORY
SCORED Fully Meets • Subcontractors: Randy Edmonds (EL01) / Rodman Widing (EL01)
4.4 Lic & Staff.
REGISTERED COMMUNICATIONS DISTRIBUTION DESIGNERS. Bidder must maintain one or more full-
time Registered Communications Distribution Designers (RCDD) on staff. A subcontractor cannot
fulfill this requirement.
Written Response Required. List Name of RCDD, status (part-time, or full-time) and years of
experience. Describe a job where an RCDD provided a design for your business in Exhibit D1 Work
History by Region. Attach photocopies of all certificates for RCDD(s).
HIGHLY
DESIRABLE Fully Meets
Larry Howser (full-time) - Larry has oversite on all of our project designs of which he reviews and confirms
code compliance.
Michael Schnabel (part-time) - Mike designed the Structured Cabling System for Klahowya Elementary School,
that was completed in 2018. He designed the Cat 6A pathways to be compliant with cable bend and support
requirements while staying within the on hundred meter cable length requirement. The design also
incorporated purpose manufactured fire barrier penetrations and the design of the primary cable support
system.
4.5 Lic & Staff.
TELECOMMUNICATIONS ADMINISTRATORS. Bidder must employ at least one (1) individual who
possesses a Telecommunications Administrator certificate that meets the requirements of RCW
19.28.430.
Written Response Required. Provide the name of such person(s) and photocopy(s) of certificate(s).
HIGHLY
DESIRABLE Fully Meets Erik Olson
* 5.0
Ungd &
Aerial
(OUT)
UNDERGROUND AND AERIAL EXPERTISE – OUTSIDE CATEGORY ONLY:
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 31
(Rev. 2021-06-18)
* 5.1 Ungd &
Aerial
Bidders must employ staff or subcontractors with expertise and equipment to conduct outside plant
projects that are underground or aerial.
Written Response Required. Provide a list of key outside plant employees or subcontractors and a
brief description of their experience with outside plant projects.
MANDATORY
SCORED Fully Meets
INSI uses the expertise of Rainier Valley Construction and Midnight Mountain Communications as
subcontractors for our OSP projects.
Rainier Valley Construction has been superb in the completion of these projects in the recent past.
Underground Work:
WSDOT - Vancouver - Installation of 2" Conduit via "directional boring", and placement of new vault.
City of Olympia - Installation of 2" Conduit via "directional boring" under I-5.
City of Olympia - Installation of 2" Conduit via "directional boring" down 6 blocks of 4th Ave.
Midnight Mountain has been superb in the completion of these projects in the recent past.
Aerial work:
WSDOT - Mukilteo Ferry - 48 strand fiber installation from ferry terminal to Paine Field Blvd.
WSDOT - Bothell - Installed messenger and 24 strand fiber from 196th to 164th per SNO PUD requirements.
City of Olympia - Installation of messenger cable and 12 strand fiber from Woodland Park to Olympia
Maintenance Center.
6.0 PO/SOW PURCHASE ORDERS/ STATEMENT OF WORK (SOW)
6.1 PO/SOW
ORDERING REQUIREMENTS. Eligible Purchasers shall order goods and/or services from any resulting
Master Contract, consistent with the terms hereof and by using any ordering mechanism agreeable
both to Bidder and Purchaser but, at a minimum, including the use of a Purchase Order, or Statement
of Work (SOW). When practicable, Bidder and Purchaser also shall use telephone orders, email
orders, web-based orders, and similar procurement methods (collectively “Purchaser Order”). All
order documents must reference the Master Contract number. The terms of any resulting Master
Contract shall apply to any Purchase Order or SOW and, in the event of any conflict, the terms of the
resulting Master Contract shall prevail. Notwithstanding any provision to the contrary, in no event
shall any ‘click-agreement,’ software or web-based application terms and conditions, or other
agreement modify the terms and conditions of any resulting Master Contract.
MANDATORY Fully Meets
6.2 PO/SOW
PURCHASE ORDERS/STATEMENT OF WORK (SOW). Bidder shall, in accordance with all terms and
conditions of this Master Contract, fully perform and shall be obligated to comply with all Purchase
Orders/SOW received by the Bidder prior to the expiration hereof, unless otherwise directed in
writing by the Contract Administrator, including, without limitation, all Purchase Orders/SOW
received prior to but not fully performed and satisfied at the expiration of this Contract.
MANDATORY Fully Meets
6.3 PO/SOW
CHANGE ORDERS: All modifications, additions or revisions to the Purchase Order/SOW MUST be
agreed to, and must be approved by Purchaser in writing before proceeding with any additions or
revisions to services or materials provided by Bidder.
MANDATORY Fully Meets
7.0 Ste Seq &
Access SITE SECURITY AND ACCESS:
7.1 Ste Seq &
Access
While on Purchaser’s premises, Bidder, its agents, employees, or subcontractors must conform in all
respects with physical, fire, and security regulations. Bidder understands that all Purchaser’s
building entrances are controlled for access. Bidder agrees to become familiar with Purchaser’s
building and security policies, and further agrees to observe and comply with all Purchaser’s building
and security policies or procedures. Bidder understands that in order to obtain access to
Purchaser’s premises, Bidder must be issued a security badge by Purchaser. Bidder must provide
certain personal information, including valid government issued photo identification, prior to
obtaining a security badge. Bidder further understands that Purchaser will collect and retain such
personal information for so long as the contract is in effect and such individual(s) has access to the
premises. Purchaser reserves the right to deny an application for a security badge. Failure of Bidder
to comply with Purchaser’s security and safety policies and procedures is sufficient grounds for
revoking, modifying, suspending or terminating access to Purchaser’s facilities.
MANDATORY Fully Meets
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 32
(Rev. 2021-06-18)
8.0 Ship & Risk
of Loss SHIPPING AND RISK OF LOSS:
8.1 Ship & Risk
of Loss
SHIPPING. Bidder must ship all materials purchased pursuant to this Contract, freight prepaid, FOB
Purchaser’s destination. The method of shipment must be consistent with the nature of the
materials and hazards of transportation.
MANDATORY Fully Meets
8.2 Ship & Risk
of Loss
RISK OF LOSS. Regardless of FOB point, Bidder agrees to bear all risks of loss, damage, or destruction
of the materials ordered hereunder that occurs prior to Acceptance, except loss or damage
attributable to Purchaser’s fault or negligence; and such loss, damage, or destruction must not
release Bidder from any obligation hereunder. After Acceptance, the risk of loss or damage must be
borne by Purchaser, except loss or damage attributable to Bidder’s fault or negligence.
MANDATORY Fully Meets
9.0 Const.
Coord. CONSTRUCTION COORDINATION:
9.1 Const.
Coord.
Coordinating With Purchaser. The Bidder is responsible for coordinating with the Purchaser for
specific needs or requirements such as facility access, security, and work hours. Bidder must
coordinate with Purchaser to schedule project work to allow maximum access to the Bidder while
minimizing disruption of Purchaser’s business. Accordingly, the Bidder will frequently be required to
work after normal business hours (Monday through Friday, 8 a.m. to 5 p.m.) and on weekends.
MANDATORY Fully Meets
9.2 Const.
Coord.
NEW CONSTRUCTION. When the project is for new construction or renovation, the Bidder must
coordinate with the Purchaser’s project manager to ensure that all work is performed in
coordination with ongoing construction activities in such a manner as to cause the least possible
disruption to other Bidders, finished surfaces, and facilitate the most efficient method for
completion of the work.
MANDATORY Fully Meets
9.3 Const.
Coord.
SAFETY REQUIREMENTS. Bidder must observe and comply with OSHA/WISHA regulations, all
applicable safety and environmental laws and regulations, and all Purchaser’s rules, guidelines,
policies and procedures relating to safety, workplace conditions, health and the environment,
including physical, fire, evacuation, accidents, hazardous materials or situations, or other safety
regulations and policies during all work operations. OSHA/WISHA guidelines and rules must be
followed and Bidder’s adherence is subject to review by the State.
· All debris generated by the Bidder must be picked up and lawfully disposed of at the conclusion of
each work day.
· Hallways must be kept free of debris, scaffolds, etc., during peak use.
· Traffic control devices, safety barricades, and other such devices must be utilized where
necessary.
· Where performing work at a construction site, the Bidder will be required to abide by the
Purchaser's primary Bidder's additional safety requirements.
· Whenever project requires Bidder to transit a firewall, the Bidder must meet all codes and
requirements for proper fire-stop materials and methods
MANDATORY Fully Meets
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 33
(Rev. 2021-06-18)
9.4 Const.
Coord.
DELIVERY AND STORAGE.
· Bidder must be responsible for making the arrangements for delivery, unloading, and storage of
materials for each project.
· Purchaser will assume no responsibility for receiving any materials shipped to Purchaser’s facility
by or on behalf of the Bidder.
· No storage area will be available at Purchaser’s facility for long-term storage of Bidder’s materials
or supplies unless so stated in the Purchaser’s SOW.
· If providing any storage for the convenience of the Bidder, the Purchaser assumes no responsibility
for any items that may be lost, stolen, damaged, or destroyed, and will not take possession of or title
to any items prior to installation and Acceptance.
· All materials purchased under this Contract must be completely installed and ready to begin
Acceptance Testing within the time period specified in the Purchase Order or SOW after Bidder’s
receipt of an Order. Extensions will be granted at the sole option of the Purchaser. Time is of the
essence with respect to delivery and Bidder may be subject to liquidated damages or termination of
a Purchase Order/SOW or of this Master Contract and/or other damages available under law for
failure to deliver on time.
· All deliveries made pursuant to this Contract must be complete. Unless Bidder has obtained prior
written approval from Purchaser, which must not be withheld unreasonably, incomplete deliveries
or backorders will not be accepted. All
packages must be accompanied by a packing slip that identifies all items included with the shipment
and the Purchaser’s
Purchase Order/SOW number. Bidder’s delivery receipt must be signed by an authorized
representative of Purchaser for all deliveries made hereunder.
MANDATORY Fully Meets
9.5 Const.
Coord.
Pathway Access. The Bidder will be responsible for providing equipment necessary to access the
vertical and lateral pathways to place specified cables and support work. MANDATORY Fully Meets
9.6 Const.
Coord.
Care Of Purchaser Facilities And Equipment. The Bidder is responsible for replacing, restoring and/or
bringing to original condition all floors, ceilings, walls, furniture, grounds, pavement, utilities, etc.
damaged by Bidder’s personnel and operations. The Bidder is responsible for care of the
Purchaser’s affected equipment during installation/maintenance. The Bidder must notify the
Purchaser if additional equipment is needed to complete the project. The Bidder is responsible for
modifying, as needed, existing Equipment to ensure compatibility with any new Equipment being
installed.
MANDATORY Fully Meets
9.7 Const.
Coord.
Permits. The Bidder is responsible for obtaining applicable permits, unless otherwise specified by the
Purchaser. MANDATORY Fully Meets
9.8 Const.
Coord.
Performance Bonds. The Bidder is responsible for obtaining performance bonds when required by
the Purchaser. MANDATORY Fully Meets
9.9 Const.
Coord.
Hazardous Materials Remediation. It is the Bidder’s responsibility to meet all state/federal rules and
regulations pertaining to the presence of asbestos or other hazardous materials. Purchaser does not
contemplate work in any area that contains hazardous materials, unless specified in writing in the
SOW. Bidder must cease all work in any area where hazardous materials are discovered and must
immediately notify Purchaser in writing. The Purchaser must be responsible for determining the
disposition of hazardous materials identified by the Bidder.
MANDATORY Fully Meets
9.10 Const.
Coord.
Removal of Old Cabling. Upon Purchaser request in SOW/Work Order, Bidder must be responsible
for removing old cabling while installing new. MANDATORY Fully Meets
* 10.0
Const.
Coord
(OUT)
CONSTRUCTION COORDINATION (Additional)- Outside Work Bidders Only:
* 10.1
Const.
Coord
(OUT)
Utilities. The location of all existing buried facilities must be located and marked prior to any digging
by the Bidder. The Bidder must be responsible for damage to any existing buried utilities. MANDATORY Fully Meets
* 10.2
Const.
Coord
(OUT)
Aerial Placement. The Bidder must utilize standard industry hardware to attach aerial cable at pole
locations (strand vices, guy hooks, cable suspension clamps, corner suspension clamps, etc.) MANDATORY Fully Meets
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 34
(Rev. 2021-06-18)
* 10.3
Const.
Coord
(OUT)
Equipment. All gas/diesel motorized equipment must have proper mufflers and meet any other
environmental/safety requirements. MANDATORY Fully Meets
* 10.4
Const.
Coord
(OUT)
Trenching/Digging/Boring. Any trenching/digging/boring sites must be backfilled to contours and
elevations of undisturbed surrounding terrain. Sidewalks restoration must match the sidewalk
being removed. Driveway and roadway restoration must match the driveway and/or roadway being
removed. To the extent necessary trench excavation must meet the requirements of RCW
39.04.180.
MANDATORY Fully Meets
* 10.5
Const.
Coord
(OUT)
Work In Maintenance Holes. Before work commences in conduit system maintenance holes, the
Bidder must follow industry standards and WA State Regulations (WAC 296-809 – Confined Spaces)
for atmospheric testing, ventilation, barricading and signage of each manhole that will be entered
by the Bidder as applicable. Bidder must maintain proper ventilation throughout the work process.
MANDATORY Fully Meets
* 10.6
Const.
Coord
(OUT)
OutSide Plant (OSP) Optical Fiber Construction. All optic fiber cables utilized for outside plant
applications must be suitable for outside use between buildings in a campus environment. It must
be suitable for runs in buried conduits and aerial runs. The outer jacket must be smooth and free
from holes, blisters, splits, and other surface flaws.
MANDATORY Fully Meets
11.0 Doc. DOCUMENTATION:
11.1 Doc.
The Bidder must prepare and maintain records in accordance with the State and Purchaser’s
documentation requirements. If the Purchaser has a cabling management system, the Bidder is
responsible for working with the Purchaser’s cabling management personnel to provide a format
compatible with this system. For remodeling projects, the Bidder is responsible for updating
appropriate records.
MANDATORY Fully Meets
11.2 Doc.
AS-BUILT DRAWINGS. Bidder must maintain a working copy of an as-built drawing of the Bidder’s
current project that shows the progress/changes of the work completed and the location of all the
cabling, outlets, etc. This working document must be updated as often as specified in the Purchase
Order/SOW.
MANDATORY Fully Meets
11.3 Doc.
In addition, the Bidder may be required to provide up to three (3) complete sets of as-built drawings
following project completion. These drawings must, at a minimum, show all distribution cable runs
utilized, number of pairs added, all distribution frames affected, and the location of all instruments
and outlets installed. All outlets must be physically labeled according to Purchaser specifications
and these labels must be used in the as-built drawings to indicate outlet locations. All voice and
data cable paths and terminations must be coded according to the Purchaser’s requirements. The
Purchaser is responsible for providing the Bidder with building plans that will be used to prepare the
as-built drawings.
MANDATORY Fully Meets
11.4 Doc. TESTING DOCUMENTATION. Bidder must provide the results of all testing done on installed cable to
the Purchaser, in either hard copy or by email, as directed by the Purchaser. MANDATORY Fully Meets
11.5 Doc.
LABELING. Labeling of jacks, wiring, panels, cross connect blocks and any other installed items that
would regularly be labeled, is required for all installations, and must comply with the labeling
requirements of EIA/TIA 606-CB unless otherwise specified by the Purchaser. As-built drawings are
to reflect this labeling methodology.
MANDATORY Fully Meets
11.6 Doc.
Labeling must be permanent and legible. Labeling must be installed at cabling points identified
within the specifications in the RFQQ and Purchase Order/SOW. Unless specified differently by
Purchasers, all cable labels must comply with the labeling requirements of EIA/TIA 606-B.
MANDATORY Fully Meets
11.7 Doc. Bidder must work with Purchaser to identify and flag/label abandoned cable that is available to be
used at a future date. MANDATORY Fully Meets
12.0 Compat &
Specs MATERIAL COMPATIBILITY, SPECIFICATIONS AND CONFIGURATIONS:
12.1 Compat &
Specs
Bidder must be responsible to notify Purchaser of the existence of any compatibility issues between
Bidder’s materials and Purchaser’s already existing or planned for hardware, software or cabling.
Purchaser will provide Bidder access in a timely fashion to necessary areas and equipment sites and
must provide Bidder with a list of any existing or planned for hardware, software and cabling, as
necessary.
MANDATORY Fully Meets
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 35
(Rev. 2021-06-18)
12.2 Compat &
Specs
Materials delivered hereunder will conform to that item’s detailed specifications in all respects
including, but not limited to; physical characteristics, operating characteristics, space requirements,
power requirements, maintenance or warranty characteristics, modularity, compatibility, and the
like, as may be modified in writing and agreed to by the parties.
MANDATORY Fully Meets
13.0 Inst. & Set
Up INSTALLATION AND SET-UP:
13.1 Inst. & Set
Up
Bidder must separately itemize all installation and physical requirements for materials as listed
below:
• Ventilation or Air conditioning
• Electrical requirement
• Special grounding
• Cabling requirement
• Weight (floor loading)
• Space requirements
• Humidity and temperature limits
• Noise level
MANDATORY Fully Meets
13.2 Inst. & Set
Up
When installing materials, Bidder will provide, at no additional charge:
• A written installation support plan and schedule addressing staffing, site preparation
requirements, resource allocation,
testing procedures.
• Site surveys.
• Station reviews to identify user requirements.
• An on-site Manufacturer certified technician during and after the Project until the Materials
operate properly.
MANDATORY Fully Meets
13.3 Inst. & Set
Up
Bidder installation personnel that work onsite must have International, or Manufacturer
certification in accordance with industry standards and best practice methodologies and must be
proficient with the installation and termination of all equipment that is to be installed onsite. Upon
request Bidder will furnish a copy of such certification to Purchaser or DES.
MANDATORY Fully Meets
13.4 Inst. & Set
Up
Purchaser must have access to the work site at all times during installation. MANDATORY Fully Meets
13.5 Inst. & Set
Up
Purchaser must prepare the environment to house the Materials based upon written requirements
provided by Bidder in its installation plan, as modified in writing and agreed to by the parties. Bidder’s
specialists must be available to provide required consultation related to environment preparation at
no extra cost to Purchaser apart from the costs presented in Bidder’s Response. Any requirements
for the environment not disclosed in Bidder’s installation plan will be completed by Bidder at no
additional cost to Purchaser. Purchaser will provide standard commercial power. Bidder must install
an external, Manufacturer recommended surge protector between the power source and each major
system.
MANDATORY Fully Meets
13.6 Inst. & Set
Up
Bidder must be responsible for acquiring any required permits. MANDATORY Fully Meets
13.7 Inst. & Set
Up
Bidder must replace, restore and/or return all floors, ceilings, walls, grounds, pavement, etc.,
damaged by Bidder personnel to their original condition at no additional cost to Purchaser. MANDATORY Fully Meets
13.8 Inst. & Set
Up
All debris generated by Bidder must be picked up and lawfully disposed of at the conclusion of each
work day. Hallways must be kept free of debris, scaffolds, etc., during peak use. Traffic control
devices, safety barricades, and other such devices must be utilized where necessary.
MANDATORY Fully Meets
13.9 Inst. & Set
Up
Bidder is hereby notified that fiber optic, communications, control systems, and other types of cable
(collectively called “cabling”) may be located within or on Purchaser's grounds and facilities. MANDATORY Fully Meets
13.10 Inst. & Set
Up
Before beginning work on or about Purchaser's premises, Bidder must contact Purchaser’s
communications network control center to determine if Purchaser’s cabling systems will be impacted
and to make necessary arrangements. Prior to the commencement of any work that may impact
underground utilities not owned by Purchaser, Bidder agrees to notify affected owners under the
requirements of chapter 19.122 RCW, Underground Utilities.
MANDATORY Fully Meets
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 36
(Rev. 2021-06-18)
13.11 Inst. & Set
Up
Purchaser hereby permits Bidder to interface with such cabling and design engineering systems in
support of the delivery of the Materials and Services ordered under this Master Contract. MANDATORY Fully Meets
13.12 Inst. & Set
Up
Bidder must install the materials, with all features, options, parts and wiring ordered by Purchaser,
ready for Acceptance Testing, on or before the Installation Date(s) specified in the Purchase
Order/SOW. Failure to meet the Installation Date(s) may subject Bidder to liquidated damages or
termination of a Purchase Order or of this Master Contract and damages available under law, unless
such failure is caused by acts or omissions of Purchaser.
MANDATORY Fully Meets
13.13 Inst. & Set
Up
After installing the materials, Bidder must provide Purchaser with documentation of a successful
system audit using Bidder’s diagnostic routines, as approved by Purchaser, demonstrating that the
materials meet or exceed the Specifications. Bidder must certify to Purchaser in writing that the
materials are ready for Acceptance Testing. If after reviewing such documentation Purchaser agrees
that the materials are ready for Acceptance Testing, Purchaser must begin Acceptance Testing, as set
forth in the section titled Standard of Performance and Acceptance.
MANDATORY Fully Meets
14.0 Std Perf &
Acc. STANDARD OF PERFORMANCE AND ACCEPTANCE:
14.1 Std Perf &
Acc.
This section establishes a Standard of Performance that must be met before Acceptance. This
Standard of Performance is also applicable to any additional, replacement, or substitute materials
and any materials that are modified by or with the written approval of Bidder after having been
accepted.
MANDATORY Fully Meets
14.2 Std Perf &
Acc.
MATERIALS TESTING. All installation, wiring, and cabling requirements identified in the Purchase
Order/ SOW must be satisfied. All materials must be tested, functional and certified, based on
ANSI/TIA/EIA installation standards and best practices and be approved by the Purchaser and/or
Purchaser’s on-site coordinator prior to acceptance for payment. Minimum testing of copper cable is
to include Wire Map, continuity, NEXT and attenuation in accordance with the most current
ANSI/TIA/EIA-568 standard. Minimum testing for fiber cable is to include testing the attenuation and
Optical Return Loss of the installed cable plant to meet TIA standard loss levels. This will be
accomplished by providing passing test results from the following test equipment an optical loss test
set (OLTS)(Tier 1 test) and an Optical Time Domain Reflectometer (OTDR) (Tier 2 test). Complete test
results whether they be for copper or fiber will be provided digitally for each terminated fiber strand
and each copper pair at the end of the project. When performing a Tier 1 test on laser optimized
multimode fiber (OM3, 4 or 5) the use of encircled flux reference cables shall be used for proper test
results. When performing a Tier 2 test on fiber optic strands that have splices or that splice between
two different cable manufacture’s glass, testing on an OTDR will be done in both directions and loss
values will be averaged and recorded in the test results. When testing and certifying copper or fiber
cables, all test equipment must have a calibration date not to exceed 1 year from the date of the
test.
MANDATORY Fully Meets
14.3 Std Perf &
Acc.
RESPONSIBILITY FOR COMPLIANCE. Inspections, tests, measurements or other acts or functions
performed by State of Washington personnel must in no manner be construed as relieving the
Bidder from full compliance with requirements. Upon Purchaser notification of defective or
unauthorized equipment or materials, and unacceptable installation/repair practices, the Bidder will
immediately replace or modify affected practices or parts at no additional cost to the Purchaser.
MANDATORY Fully Meets
14.4 Std Perf &
Acc.
ACCEPTANCE. Acceptance of materials and services will be based as follows or as detailed in
Purchaser’s Purchase Order/SOW. Fifteen (15) consecutive days of one-hundred percent (100
percent) trouble-free performance where:
• 100 percent of all terminations are operational and the Effectiveness Level is 100 percent;
• 100 percent of all ancillary equipment is operational and the Effectiveness Level is 100 percent;
• Labeling and as-built drawings have been completed according to Purchaser’s specifications and
provided to the Purchaser.
MANDATORY Fully Meets
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 37
(Rev. 2021-06-18)
14.5 Std Perf &
Acc.
EFFECTIVENESS LEVEL. The Effectiveness Level is the percentage of time in a month that the
materials are functioning properly in accordance with its specifications. The Effectiveness Level is
determined by dividing the operational use time of the materials by the sum of the operational use
time plus the materials failure downtime, all of which must be measured in hours and whole
minutes. Operational Use Time for materials is defined as the total time the materials would
normally be used. Materials Failure downtime is defined as the accumulated time during
Operational Use time when work cannot be processed or accurately completed because of materials
Failure. Materials Failure is defined as a malfunction that prevents the accomplishment of the
intended function(s) of the materials.
MANDATORY Fully Meets
14.6 Std Perf &
Acc.
DOWNTIME. Downtime for each incident must start from the time that Bidder knew or reasonably
should have known of the materials failure, or Purchaser makes a bona fide attempt to contact
Bidder’s designated representative at the prearranged contact point, whichever occurs earlier, until
the materials are returned to fully operational status in conformance with its specifications. During
periods of materials failure downtime, Purchaser may use operable portions of the materials when
such action does not interfere with repair of the inoperable portions.
MANDATORY Fully Meets
14.7 Std Perf &
Acc.
FAILURE TO MEET STANDARD OF PERFORMANCE. If the services and materials do not meet the
Standard of Performance during the first period of Acceptance Testing, Purchaser at its sole option
may continue on a day-to-day basis until the Standard of Performance has been met, or terminate
the Purchase Order/SOW without penalty, or demand replacement materials or services and/or
corrections from the Bidder at no additional cost and continue the Acceptance Testing for an
additional fifteen (15) consecutive calendar days after receipt of replacement materials. Purchaser’s
option to terminate the Purchase Order/SOW must remain in effect until exercised or until such time
as the Acceptance Testing is successfully completed. Bidder must pay all costs related to the
preparation and shipping of materials returned pursuant to this section. Purchaser’s option to
declare Bidder in breach and terminate this Order must not be waived by Purchaser’s decision to
continue Acceptance Testing beyond the delineated testing period.
MANDATORY Fully Meets
14.8 Std Perf &
Acc.
WRITTEN NOTICE OF ACCEPTANCE.
Purchaser, at its sole discretion, will determine whether the services and materials have successfully
completed Acceptance Testing. Bidder must not bill Purchaser until this Standard of Performance is
met. Upon successful completion of the Acceptance Testing, Purchaser will provide a written notice
of a successful Acceptance Testing to the Bidder’s Project Manager.
MANDATORY Fully Meets
14.9 Std Perf &
Acc.
BIDDER SUPPORT.
Bidder must provide support for the period up to the issuance of Acceptance by Purchaser. This
support must include troubleshooting, the correction of any bugs or deficiencies, and the resolution
of any operating problems. During this period, Bidder will provide, at no additional cost, unlimited
technical support by telephone. If a problem cannot be resolved within forty-eight (48) hours of
Purchaser’s initial notification, Bidder must provide at no additional cost onsite service and support
to resolve the problem.
MANDATORY Fully Meets
14.10 Std Perf &
Acc.
ESCALATION PROCEDURES
Bidder must submit an escalation procedure, providing trouble escalation for normal and emergency
events. Bidder is required to submit updated escalation procedures upon any change.
Written Response Required. Provide contact names and titles, with appropriate time intervals and
point(s) of contact for unresolved service problems. Bidder is required to submit updated escalation
procedures upon any change.
MANDATORY
SCORED Fully Meets
If escalation is needed for normal or emergency events please contact the General Manager.
During normal business hours (M-F 7am to 4pm) please contact the General Manager.
David Williams 253-761-0418.
If you are not able to make contact or it is after normal business hours please call the General Manager directly.
This option is available 7-days a week and 24 hours a day.
David Williams 253-732-9349
15.0 Wnty. WARRANTY:
15.1 Wnty.
Bidder warrants that the materials must be new, of the latest design, of good quality, free of defects,
fit and safe for the intended purposes, free from defects in materials and workmanship, and must be
produced and delivered in full compliance with applicable law and in conformance with the Master
Contract and Purchase Order/SOW (including EIA/TIA Category Certifications for cables and
termination components). All materials and work not in conformance with the Master Contract, and
Purchase Order/SOW and EIA/TIA Category Certifications for cables and termination components
must be replaced free-of-charge to Purchaser during the base-offer warranty period, commencing
upon the first day after the Acceptance Date.
MANDATORY Fully Meets
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 38
(Rev. 2021-06-18)
15.2 Wnty.
During the Warranty Period, Bidder must adjust, repair, or replace all materials that are defective or
not performing in conformance with the specifications. All costs for such adjustments, repairs, or
replacements, including all costs for replacing parts or units and their installation and any
transportation and delivery fees, must be at Bidder’s expense. Any defective materials must be
repaired or replaced for Purchaser so that it conforms to the specifications of the Master Contract and
Purchase Order/SOW.
MANDATORY Fully Meets
15.3 Wnty.
Bidder agrees that all warranty service provided hereunder must be performed by Manufacturer-
trained, certified, and authorized technicians. Bidder further agrees to act as the sole point of
contact for warranty service. Bidder warrants that it has or will obtain and pass through to Purchaser
any and all warranties obtained or available from the Original Equipment Manufacturer (OEM),
including any replacement, upgraded, or additional materials warranties.
MANDATORY Fully Meets
15.4 Wnty.
Goods Warranty. The base-offer warranty period for the building wiring system must be a minimum
of twelve (12) months, and can be increased by the Purchase Order/SOW which must start on the
“Acceptance Date.” MANDATORY Fully Meets
15.5 Wnty.
Services Warranty. Bidder will warranty the services provided under the resulting Master Contract.
Bidder will provide a minimum of twelve (12) months Services warranty from the time of acceptance
by Purchaser for installed/repaired materials including basic common equipment, terminal
equipment and all other ancillary equipment. Bidder provided Services warranty will be carried over
into 5.3 of resulting Master Contract.
Written Response Required: Please detail warranty provided on services including # months covered
in Warranty Period.
MANDATORY
SCORED Fully Meets
Work completed by INSI is under warranty for craftsmanship and product for the life of the product, a minimum
of 12 months. Any reapairs needed for faulty work or product will be rectified by INSI at no charge to the
customer. No work order is necessary for warranty work to be carried out.
15.6 Wnty.
Technical Support. Bidder must provide Technical Support and Service Desk for reporting warranty
issues and for trouble-shooting problems. Bidder’s Technical Support and Service Desk can be
reached at the number identified during normal business hours (8:00-5:00, M-F), at a minimum.
After hours Support Services is preferred.
Written Response Required. Bidder’s Technical Support Services can be reached at (to be filled in by
Bidder). Indicate if have after hours phone number, and hours available, that Purchasers can reach
Support Services after normal business hours.
MANDATORY
SCORED Fully Meets
Technical Support can be reached at the Service Desk for reporting warranty issues and for trouble-shooting
problems. During normal business hours (M-F 7am to 4pm) please call 253-761-0418
If you are not able to make contact or it is after normal business hours please call the General Manager directly.
This option is available 7-days a week and 24 hours a day.
David Williams 253-732-9349
16.0 Mat.
Maint. MATERIALS MAINTENANCE:
16.1 Mat.
Maint.
Non-emergency maintenance/repair callback response time during warranty will be within eight (8)
Business Hours after notification. On-Site response time to routine maintenance/repair requests
such as Moves, Adds, and Changes (MACs) must be within three (3) Business Days of request, unless
otherwise negotiated by Purchaser and Bidder. Routine maintenance/repair will be performed
during Business Hours. When on-site, Bidder must report to Purchaser’s designated coordinator
prior to and after each service call.
Written Response Required
MANDATORY
SCORED Fully Meets
When INSI receives a non-emergency repair call it is routed to the Project Manager who then contacts the
Customer ASAP, certainly well within eight Business Hours after notification. Onsite response times for routine
moves, adds, and changes are evaluated by the magnitude of the request and input from the customer
regarding deadlines. The average interval from receipt of request to on site response has consistently been
within 24 to 48 hours. If at anytime a Project Manager is unavailable please call the Gerneral Manager, David
Williams, (253) 732-9349, 7-days a week 24 hours a day.
16.2 Mat.
Maint.
Emergency on-site maintenance/repair response time during warranty will be within two (2) hours,
twenty-four (24) hours per day, seven (7) days per week, including holidays. Time to correct an
emergency situation must not exceed eight (8) hours after notification. Emergency maintenance
applies to: (i) Failure of signaling; (ii) Failure of power supply; and (iii) Failure of any terminals
deemed critical by Purchaser to the functioning of Purchaser’s business functions.
Written Response Required
MANDATORY
SCORED Fully Meets
When INSI receives an emergency on-site repair call it is routed to the Project Manager who will evaluate the
situation with the Purchaser. The Project Manager will then contact the General Manager to arrange for
Manpower and Materials to be onsite within two hours. This service is available 7-days a week and 24 hours a
day, indluding holidays. INSI has staff and materials available out of both Pierce and Thurston Counties,
allowing us to cover the Western part of Washington, and just East of the Cascades at a moments notice.
Emergency work for warrantied work oI can be dispatched through our subcontractor in that area, if an
immediate solution is necessary. If at anytime a Project Manager is unavailable please call the Gerneral
Manager, David Williams, (253) 732-9349, 7-days a week 24 hours a day.
16.3 Mat.
Maint.
Purchaser may impose liquidated damages as part of their Purchase Order/SOW for each “late” hour
or part thereof (prorated in whole minutes) beginning with the time of notification and ending with
the time of arrival, if Bidder’s maintenance personnel fail to meet response times identified above. MANDATORY Fully Meets
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 39
(Rev. 2021-06-18)
16.4 Mat.
Maint.
Any work or upgrade that may affect service must be coordinated with Purchaser’s coordinator a
minimum of 48 hours in advance. Maintenance and upgrades that might affect service will not be
conducted during Business Hours without Purchaser’s prior written approval.
MANDATORY Fully Meets
16.5 Mat.
Maint.
Purchaser agrees that Bidder will not be liable for any damages caused by Purchaser’s actions or failure
of Purchaser to fulfill any of its responsibilities for site installation. MANDATORY Fully Meets
16.6 Mat.
Maint.
Bidder personnel responding to maintenance calls, repairing or servicing the system must be
Manufacturer-certified to work on the materials. MANDATORY Fully Meets
16.7 Mat.
Maint.
Bidder must maintain a log on Purchaser’s premises that details repairs, maintenance and upgrades
to the system. The log must be available for inspection by Purchaser and/or DES upon request. MANDATORY Fully Meets
16.8 Mat.
Maint.
Purchaser must provide Bidder access to the system to perform maintenance service. MANDATORY Fully Meets
16.9 Mat.
Maint.
When on-site, Bidder must report to Purchaser’s designated coordinator prior to and after each
service call. MANDATORY Fully Meets
16.10 Mat.
Maint.
Upon completion of each maintenance call, Bidder must furnish a maintenance activity report to
Purchaser, which must include, as a minimum, the following:
• Date and time notified.
• Date and time of arrival.
• Type and serial number(s) of machine(s).
• Time spent for repair.
• Description of malfunction.
• List of parts replaced.
• Additional charges, if applicable.
MANDATORY Fully Meets
16.11 Mat.
Maint.
There must be no additional maintenance charges for:
• Replacement parts.
• Remedial maintenance required within a forty-eight (48) hour period due to recurrence of the
same malfunction.
• Time spent by maintenance personnel after arrival at the site awaiting the arrival of additional
maintenance personnel and/or delivery of parts, tools or other required material.
MANDATORY Fully Meets
16.12 Mat.
Maint.
In cases where Bidder does not respond within the required time, Purchaser must have the option of
acquiring repair from another manufacturer-certified source and Bidder must be responsible for full
reimbursement of costs incurred by Purchaser. Maintenance by another manufacturer- certified
source when Bidder has failed to respond will not constitute grounds to void the warranty.
MANDATORY Fully Meets
17.0 Spare Parts SPARE PARTS:
17.1 Spare Parts
Bidder must make available to Purchaser either a depot repair center and/or an availability guarantee
of component parts and sub-assemblies necessary for on-going maintenance and operation of the
materials. Bidder guarantees part availability for a minimum of seven (7) years from the Acceptance
Date of materials by Purchaser. In addition, Bidder must have a complete on-site “crash kit” of spare
parts or a permanent maintenance facility with a full parts inventory within a distance that will meet
the specified emergency on-site response times.
MANDATORY
SCORED Fully Meets
Do to our long standing with customers and manufactures we have an accurate idea of the basic materials that
are needed for basic repairs and fixes, which can be referred to as a "crash-kit". Many of our technicians carry
just such a surplus of basic items in ther vehicles for when the unexpected happens. We also have a stock of
materials both in our Tacoma and Olympia warehouses, which can be accessed at anytime. We also have a
great relationship with local distributors who maintain a local stock of our most used items.
18.0 Fed Funds FEDERAL FUNDS:
18.1 Fed Funds
Bidder meets the most current version of the FEDERAL TRANSIT ADMINISTRATION ARTICLES FOR
PROCUREMENT CONTRACTS, as listed in the Master Contract Exhibit E1. This will qualify bidder to
bid on jobs where Purchaser uses FTA funds for payment. To the extent that any Purchaser uses
federal funds to purchase goods and/or services pursuant to any resulting Master Contract, such
Purchaser shall attach the most current version of federal funding requirements/articles to purchase
order/SOW, and specify any applicable requirement or certification that must be satisfied by Bidder
with its order/SOW, at the time the order is placed. Bidder must use best efforts to execute such
federal assurances or requirements as may be necessary for Purchaser to utilize such federal funding
(e.g., FTA requirements, sample attached as Exhibit D).
Written Response Required
HIGHLY
DESIRABLE Fully Meets
INSI meets the most current version of the FEDERAL TRANSIT ADMINISTRATION ARTICLES FOR PROCUREMENT
CONTRACTS. INSI is a registered SAM participant (CageCode# 07BV6), and is also registered to participate in
the USAC E-RATE program (SPIN 143007024).
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 40
(Rev. 2021-06-18)
19.0 Opt. E-WASTE BUYBACK OR RECYCLING OPTIONS:
19.1 Opt.
Bidder must have E-waste buyback or recycling program option for old cabling. Provide options for
E-waste buy back or old cabling recycling to purchasers.
Written Response Required
HIGHLY
DESIRABLE Fully Meets
INSI has a recycling relationship locally with Tacoma Metals, whom provide a collection bin at our office for
copper wire to be recycled. We are also firmiliar with the WA Department of Ecology and their E-Cycle
Washington program. The E-Cycle Washington is a free program for the recycling of electronic products.
20.0 Inv. INVOICING:
20.1 Inv.
Bidder must submit to Purchaser’s designated invoicing contact properly itemized invoices for Goods
and/or Services delivered under this Master Contract. Such invoices must itemize the following:
(a) Master Contract No. 05620
(b) Bidder name, address, telephone number, and email address for billing issues (i.e., Bidder
Customer Service Representative)
(c) Bidder’s Federal Tax Identification Number
(d) Date(s) of delivery (if applicable)
(e) Description of Services and Installation provided, including hourly rate and total hours for each
labor category, if applicable. Pricing for Labor categories must be clearly structured in same manner
as contract pricing ($/hr. and PW + %)
(f) Description of Parts and Materials provided. Pricing for Parts and Materials must be clearly
structured in same manner as contract pricing (cost + % markup)
(g) Invoice amount; and
(h) Payment terms, including any available prompt payment discounts.
Bidder’s invoices for payment must reflect accurate Master Contract prices. Invoices will not be
processed for payment until receipt of a complete invoice as specified herein.
MANDATORY Fully Meets
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 41
(Rev. 2021-06-18)
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 42
(Rev. 2021-06-18)
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 43
(Rev. 2021-06-18)
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 44
(Rev. 2021-06-18)
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit A
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 45
(Rev. 2021-06-18)
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit B
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 46
(Rev. 2021-06-18)
EXHIBIT B
PRICES FOR GOODS/SERVICES
#05620 IT Cabling EXHIBIT B -- Bid Price (Revised 7.30.21)
Bidder
Name: Intracommunication Network Systems Inc. (INSI)
Category 1- Services and Installation / Inside Work Scope: This category includes Inside work and all parts and materials required to complete the service and installation. Inside work involves IT cabling installation in new buildings, major renovated buildings and additions to existing cabling networks.
Instructions:
Bidders are requested to offer pricing on this sheet for Inside work for each region they are proposing to seek award. Bid pricing for labor will be expressed as prevailing wage plus percentage for each region bid (PW+%) or as an hourly rate ($X/hr.) as
marked. Bid pricing for parts and materials will be expressed as a markup percentage over suppliers' invoiced price (% Markup on Parts and Materials). Contractors must share suppliers' invoices upon request by Purchasers.
LABOR: For each region you are bidding, please enter a percentage that represents markup over prevailing wage in the grayed columns under Straight Time for each category of cabling labor that requires prevailing wage: Telecommunications Technician,
Electronic Technician, Electrician (Journey Level) and Cable Splicer. For the Project Manager, Foreman and RCDD categories, please bid an hourly rate for Straight Time, Overtime, and Holiday. All labor categories are for journey level workers.
PARTS AND MATERIALS: Please put a percentage in the grayed box next to "% Markup on parts and materials" for each region you are bidding (markup must include shipping, configuration, kitting, processing, warehousing and any other costs of
acquisition or delivery of the parts, supplies and materials).
NOTE 1: Mileage for each region (in company vehicles or employee owned vehicles) MUST be factored into the labor pricing for each labor category. In no case shall travel charges exceed GSA's mileage reimbursement rate or per diem schedule for the
locality.
NOTE 2: Costs of permits and performance bonds, as may be required by Purchaser, shall appear on quotes or invoices at cost with no markup. Equipment rented for a specific advertised job must appear on a quote for Purchaser as a separate line item, at
cost. Standard equipment and tools used for IT Cabling projects (inside and outside work) are NOT allowed as separate line items.
"Note: Percentages provided for Straight Time will also apply to Overtime and Holiday labor rates for job classifications governed by prevailing wage
North Puget Sound
Olympic
Labor Category Straight Time Overtime Holiday Labor Category Straight Time Overtime Holiday
Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00
Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00
RCDD (hourly) $ 110.00 $ 110.00 $ 110.00 RCDD (hourly) $ 10.00 $ 110.00 $ 110.00
Telecom technician (PW + %) 110.00% Telecom technician (PW + %) 110.00%
Electronic technician (PW + %) 110.00% Electronic technician (PW + %) 110.00%
Electrician (journey level) (PW + %) 110.00% Electrician (journey level) (PW + %) 110.00%
Cable splicer (inside) (PW +%) 110.00% Cable splicer (inside) (PW +%) 110.00%
% Markup on parts and materials 15.00% % Markup on parts and materials 15.00%
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit B
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 47
(Rev. 2021-06-18)
Southwest South Central
Labor Category Straight Time Overtime Holiday Labor Category Straight Time Overtime Holiday
Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00
Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00
RCDD (hourly) $ 110.00 $ 110.00 $ 110.00 RCDD (hourly) $ 110.00 $ 110.00 $ 110.00
Telecom technician (PW + %) 110.00% Telecom technician (PW + %) 110.00%
Electronic technician (PW + %) 110.00% Electronic technician (PW + %) 110.00%
Electrician (journey level) (PW + %) 110.00% Electrician (journey level) (PW + %) 110.00%
Cable splicer (inside) (PW +%) 110.00% Cable splicer (inside) (PW +%) 110.00%
% Markup on parts and materials 15.00% % Markup on parts and materials 20.00%
Eastern North Central
Labor Category Straight Time Overtime Holiday Labor Category Straight Time Overtime Holiday
Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00
Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00
RCDD (hourly) $ 110.00 $ 110.00 $ 110.00 RCDD (hourly) $ 110.00 $ 110.00 $ 110.00
Telecom technician (PW + %) 110.00% Telecom technician (PW + %) 110.00%
Electronic technician (PW + %) 110.00% Electronic technician (PW + %) 110.00%
Electrician (journey level) (PW + %) 110.00% Electrician (journey level) (PW + %) 110.00%
Cable splicer (inside) (PW +%) 110.00% Cable splicer (inside) (PW +%) 110.00%
% Markup on parts and materials 20.00% % Markup on parts and materials 20.00%
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit B
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 48
(Rev. 2021-06-18)
#05620 IT Cabling EXHIBIT C1 -- Bid Price (Revised 7.30.21)
Bidder
Name: Intracommunication Network Systems Inc. (INSI)
Category 1-Services and Installation / Outside Work Scope: This category includes Outside work, and all parts and materials required to complete the service and installation. Outside work will be for inter-building connectivity. Outside work may include digging and trenching as well as installing cabling.
Instructions:
Bidders are requested to offer pricing on this sheet for Outside work for each region they are proposing to seek award. Bid pricing for labor will be expressed as prevailing wage plus percentage for each region bid (PW+%) or as an hourly rate ($X/hr.) as
marked. Bid pricing for parts and materials will be expressed as a markup percentage over suppliers' invoiced price (% Markup on Parts and Materials). Contractors must share suppliers' invoices upon request by Purchasers.
LABOR: For each region you are bidding, please enter a percentage that represents markup over prevailing wage in the grayed columns under Straight Time for each category of cabling labor that requires prevailing wage: Groundperson, Line equipment
operator (light), Line equipment operator (heavy), Lineperson, Cable splicer, Operating Engineer, and Laborer. For the Project Manager, Foreman and RCDD categories, please bid an hourly rate for Straight Time, Overtime, and Holiday. All labor
categories are for journey level workers.
PARTS AND MATERIALS: Please put a percentage in the grayed box next to "Markup on parts and materials" for each region you are bidding (markup must include shipping, configuration, kitting, processing, warehousing and any other costs of
acquisition or delivery of the parts, supplies and materials).
NOTE 1: Mileage for each region (in company vehicles or employee owned vehicles) MUST be factored into the labor pricing for each labor category. In no case shall travel charges exceed GSA's mileage reimbursement rate or per diem schedule for the
locality.
NOTE 2: Costs of permits and performance bonds, as may be required by Purchaser, shall appear on quotes or invoices at cost with no markup. Equipment rented for a specific advertised job must appear on a quote for Purchaser as a separate line item,
at cost.
Owned equipment and tools that are used on an IT Cabling- Outside Work project can be billed at a rate that does NOT exceed the most recent FEMA Schedule of Equipment Rates (2019 Schedule at time of posting). This is intended for equipment used
in Outside Work (trenchers, asphalt paver, concrete mixer, etc.) Standard equipment and tools used for IT Cabling projects (inside and outside work) are NOT allowed as separate line items.
* FEMA Schedule of Equipment Rates (2019 Schedule at time of posting).
North Puget Sound Olympic
Labor Category Straight Time Overtime Holiday Labor Category Straight Time Overtime Holiday
Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00
Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $160.00
RCDD (hourly) $ 110.00 $ 110.00 $ 110.00 RCDD (hourly) $ 110.00 $ 110.00 $110.00
Groundperson (PW + %) 60.00% Groundperson (PW + %) 60.00%
Line Equipment Operator (light) (PW +%) 60.00% Line Equipment Operator (light) (PW +%) 60.00%
Line Equipment Operator (heavy) (PW + %) 60.00% Line Equipment Operator (heavy) (PW + %) 60.00%
Lineperson (PW + %) 60.00% Lineperson (PW + %) 60.00%
Cable Splicer (outside) (PW + %) 110.00% Cable Splicer (outside) (PW + %) 110.00%
Operating Engineer (PW + %) 60.00% Operating Engineer (PW + %) 60.00%
Laborer (PW + %) 60.00% Laborer (PW + %) 60.00%
% Markup on Parts and Materials 15.00% % Markup on Parts and Materials 15.00%
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit B
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 49
(Rev. 2021-06-18)
Southwest
Labor Category Straight Time Overtime Holiday
Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00
Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00
RCDD (hourly) $ 110.00 $ 110.00 $ 110.00
Groundperson (PW + %) 60.00%
Line Equipment Operator (light) (PW +%) 60.00%
Line Equipment Operator (heavy) (PW + %) 60.00%
Lineperson (PW + %) 60.00%
Cable Splicer (outside) (PW + %) 110.00%
Operating Engineer (PW + %) 60.00%
Laborer (PW + %) 60.00%
% Markup on Parts and Materials 15.00%
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit C
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 50
(Rev. 2021-06-18)
Exhibit C
INSURANCE REQUIREMENTS
1. INSURANCE OBLIGATION. During the Term of this Master Contract, Contractor shall possess and
maintain in full force and effect, at Contractor’s sole expense, the following insurance coverages:
a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance (and, if
necessary, commercial umbrella liability insurance) covering bodily injury, property
damage, products/completed operations, personal injury, and advertising injury liability
on an ‘occurrence form’ that shall be no less comprehensive and no more restrictive than
the coverage provided by Insurance Services Office (ISO) under the most recent version
of form CG 00 01 in the amount of not less than $1,000,000 per occurrence and
$2,000,000 general aggregate. This coverage shall include blanket contractual liability
coverage. This coverage shall include a cross-liability clause or separation of insured
condition.
b. WORKERS’ COMPENSATION INSURANCE. Contractor shall comply with applicable Workers’
Compensation or Industrial Accident insurance providing benefits as required by law.
c. EMPLOYERS’ LIABILITY (STOP GAP) INSURANCE. Employers’ liability insurance (and, if necessary,
commercial umbrella liability insurance) with limits not less than $1,000,000 each
accident for bodily injury by accident, $1,000,000 each employee for bodily injury by
disease, and $1,000,000 bodily injury by disease policy limit.
d. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE. Commercial automobile liability insurance
covering the ownership, maintenance, and/or use of all owned/leased, non-owned, and
hired vehicles used in the performance of the Master Contract, with limits of not less than
$1,000,000 per accident, combined single limit for bodily injury and property damage
liability. Coverage shall be provided on Insurance Services Office (ISO) form number
CA 0001 or an equivalent.
e. COMMERCIAL UMBRELLA LIABILITY INSURANCE. Commercial umbrella liability insurance
coverage in the sum of $3,000,000 shall be provided and shall apply over all liability
policies, without exception, including but not limited to Commercial General Liability,
Commercial Automobile Liability, Employers Liability, and Professional Liability.
The insurance coverage limits set forth herein are the minimum. Contractor’s insurance coverage
shall be no less than the minimum amounts specified. Coverage in the amounts of these minimum
limits, however, shall not be construed to relieve Contractor from liability in excess of such limits.
Contractor waives all rights against the State of Washington for the recovery of damages to the
extent such damages are covered by any insurance required herein.
2. INSURANCE CARRIER RATING. Coverages provided by Contractor must be underwritten by an
insurance company deemed acceptable to the State of Washington’s Office of Risk Management.
Insurance coverage shall be provided by companies authorized to do business within the State of
Washington and rated A- Class VII or better in the most recently published edition of Best’s
Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s)
with an unacceptable financial rating.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit C
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 51
(Rev. 2021-06-18)
3. ADDITIONAL INSURED. Commercial General Liability, Commercial Automobile Liability, and Pollution
Liability Insurance shall include the State of Washington and all authorized Purchasers (and their
agents, officers, and employees) as Additional Insureds evidenced by copy of the Additional
Insured Endorsement attached to the Certificate of Insurance on such insurance policies.
4. CERTIFICATE OF INSURANCE. Prior to execution of the Master Contract, Contractor shall furnish to
Enterprise Services, as evidence of the insurance coverage required by this Master Contract, a
certificate of insurance satisfactory to Enterprise Services that insurance, in the above-stated
kinds and minimum amounts, has been secured. In addition, no less than ten (10) days prior to
coverage expiration, Contractor shall furnish to Enterprise Services an updated or renewed
certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above-stated
kinds and minimum amounts, has been secured. Failure to maintain or provide proof of
insurance, as required, will result in contract cancellation. All policies and certificates of
insurance shall include the Master Contract number stated on the cover of this Master Contract.
All certificates of Insurance and any related insurance documents shall be delivered to Enterprise
Services by U.S. mail, postage prepaid, or sent via email, and shall be sent to the address or email
address set forth below or to such other address or email address as Enterprise Services may
specify in writing:
US Mail: Contracts & Procurement – Master Contract Insurance Certificate
Master Contract No. 05620 – IT Cabling
Attn: Contract Administrator – Master Contract No. 05620
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-141
Email: DESContractsTeamCypress@des.wa.gov
Note: For Email notice, the Email Subject line must state:
Master Contract Insurance Certificate – Master Contract No. 05620
– IT Cabling
5. PRIMARY COVERAGE. Contractor’s insurance shall apply as primary and shall not seek contribution
from any insurance or self-insurance maintained by, or provided to, the additional insureds listed
above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or
self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance
provided by Contractor or subcontractors.
6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required
insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any
such subcontractor to provide insurance that complies with all applicable requirements of the
insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements
for each subcontractor. Each subcontractor must comply fully with all insurance requirements
stated herein. Failure of any subcontractor to comply with insurance requirements does not limit
Contractor’s liability or responsibility.
7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of
Washington and any Purchaser for the recovery of damages to the extent such damages are or
would be covered by the insurance specified herein.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
Exhibit C
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 52
(Rev. 2021-06-18)
8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion of
aggregate limits, or intent not to renew insurance coverage, either in whole or in part, without at
least sixty (60) days prior written Legal Notice by Contractor to Enterprise Services. Failure to
provide such notice, as required, shall constitute default by Contractor. Any such written notice
shall include the Master Contract number stated on the cover of this Master Contract.
9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather
than occurrence), Contractor shall maintain such coverage for a period of no less than three (3)
years following expiration or termination of the Master Contract.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING- CATEGORY 1 EXHIBIT D
MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 1
(Rev. 2021-06-18)
Exhibit D 1
SAMPLE – FEDERAL FUNDING REQUIREMENTS 2
EXHIBIT 1
FEDERAL TRANSIT ADMINISTRATION
ARTICLES FOR PROCUREMENT CONTRACTS
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (i) 2/25/21
EXHIBIT 1
FEDERAL TRANSIT ADMINISTRATION
ARTICLES FOR PROCUREMENT CONTRACTS
TABLE OF CONTENTS
ARTICLE PAGE
I. BUY AMERICA REQUIREMENTS 3
II. FLY AMERICA REQUIREMENTS 4
III. CARGO PREFERENCE REQUIREMENTS 6
IV. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 7
V. LOBBYING 8
VI. ACCESS TO RECORDS AND REPORTS 9
VII. ENERGY CONSERVATION REQUIREMENTS 12
VIII. CLEAN WATER REQUIREMENTS 12
IX. CLEAN AIR 13
X. FEDERAL CHANGES 13
XI. NO GOVERNMENT OBLIGATION TO THIRD PARTIES 15
XII. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS 16
AND RELATED ACTS
XIII. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 17
XIV. CIVIL RIGHTS 18
XV. PROMPT PAYMENT ON SUBCONTRACTS AND 27
RETURN OF RETAINAGE
XVI. RECYCLED PRODUCTS 29
XVII. CONFORMANCE WITH ITS 30
NATIONAL ARCHITECTURE
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (ii) 2/25/21
ARTICLE PAGE
XVIII. SAFE OPERATION OF MOTOR VEHICLES 30
XIX. BREACHES AND DISPUTE RESOLUTION 31
XX. SIMPLIFIED ACQUISITION THRESHOLD 32
XXI. TERMINATION 32
XXII. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES 34
XXIII. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS 35
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (3) 2/25/21
EXHIBIT 1
FEDERAL TRANSIT ADMINISTRATION ARTICLES
FOR PROCUREMENT CONTRACTS
I.
BUY AMERICA REQUIREMENTS
49 U.S.C. 5323(j)
49 CFR Part 661
The Buy America requirements apply to the following types of contracts: Construction Contracts
and Acquisition of Goods or Rolling Stock (valued at more than $150,000).
The Buy America requirements flow down from FTA recipients and subrecipients to first tier
Contractors, who are responsible for ensuring that lower tier contractors and subcontractors are
in compliance. The $150,000 threshold applies only to the grantee contract. Subcontracts under
that amount are subject to Buy America.
Buy America
This Contract is subject to the Federal Transit Administration's (FTA's) Buy America requirements
in 49 CFR Part 661 and 49 U.S.C. 5323 (j). The Contractor agrees to abide by its Buy America
Certificate submitted with its bid/proposal.
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal
funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects
are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a
general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States
for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (4) 2/25/21
equipment and software. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR
661.11. Rolling stock must be manufactured in the United States and have more than 70 percent domestic
content for FFY2020 and beyond.
A bidder/proposer must submit to the State the appropriate Buy America certification (below) with all
bids/proposals on FTA-funded contracts, except those subject to a general waiver. A bid/proposal that is
not accompanied by a completed Buy America certification must be rejected as non-responsive. This
requirement does not apply to lower tier subcontractors.
Compliance with FTA’s Buy America requirements shall be deemed to satisfy 2 CFR § 200.322, “Domestic
Preferences for Procurements”.
The Recipient will comply with the limitation on certain rolling stock procurements at 49 U.S.C. § 5323(u).
II.
FLY AMERICA REQUIREMENTS
49 U.S.C. §40118
41 CFR Part 301-10
The Fly America requirements apply to the transportation of persons or property, by air, between a place
in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate
in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided
by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's
designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a
bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign
government are parties and which the Federal DOT has determined meets the requirements of the Fly
America Act.
The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors,
who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.
Fly America
1. The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with
the General Services Administration's regulations at 41 CFR Part 301-10, which provide that
recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (5) 2/25/21
air carriers for U.S Government-financed international air travel and transportation of their
personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act.
2. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or
memorandum adequately explaining why service by a U.S. flag air carrier was not available or why
it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of
compliance with the Fly America requirements.
3. The Contractor agrees to include the requirements of this section in all subcontracts that may
involve international air transportation.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (6) 2/25/21
III.
CARGO PREFERENCE REQUIREMENTS
46 U.S.C. 55305
46 CFR Part 381
The Cargo Preference requirements apply to all contracts involving equipment, materials, or
commodities which may be transported by ocean vessels.
The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved
with the transport of equipment, material, or commodities by ocean vessel.
Cargo Preference
Use of United States-Flag Vessels - The contractor agrees:
1. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to the underlying contract
to the extent such vessels are available at fair and reasonable rates for United States-Flag
commercial vessels;
2. to furnish within 20 working days following the date of loading for shipments originating within
the United States or within 30 working days following the date of leading for shipments originating
outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading
in English for each shipment of cargo described in the preceding paragraph to the Division of
National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590
and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.)
3. to include these requirements in all subcontracts issued pursuant to this contract when the
subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (7) 2/25/21
IV.
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
2 CFR Part 180
2 CFR Part 1200
2 CFR Parts 180 and 1200 prohibit FTA recipients and sub-recipients from contracting for goods and
services from organizations that have been suspended or debarred from receiving Federally-assisted
contracts. As part of their applications each year, recipients are required to submit a certification to the
effect that they will not enter into contracts over $25,000 with suspended or debarred Contractors and
that they will require their Contractors (and their subcontractors) to make the same certification to them.
Contractors are also required to confirm whether a prospective lower-tier participant is debarred or
suspended.
Contractors are required to pass this requirement on to subcontractors seeking subcontracts over
$25,000. Thus, the terms "lower tier covered participant" and "lower tier covered transaction" include
both Contractors and subcontractors and contracts and subcontracts over $25,000.
Debarment and Suspension
This Contract is subject to the Federal Transit Administration's (FTA's) debarment and suspension
requirements in 2 CFR Parts 180 and 1200. The Contractor agrees to abide by the following certifications
submitted with its bid/proposal: "Certification of Contractor Regarding Debarment, Suspension, and
Other Responsibility Matters"; "Certification of Contractor Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Covered Transaction"; and corresponding certifications for
subcontractors. The Contractor also agrees to (i) confirm whether a prospective participant in a lower tier
covered transaction is debarred or suspended by checking the exclusion records maintained by the U.S.
General Service Administration at https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf;
and (ii) pass on the same requirement to prospective lower tier participants.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (8) 2/25/21
V.
LOBBYING
31 U.S.C. 1352
49 CFR Part 19
49 CFR Part 20
The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling
Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts.
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying
Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, § 7.
The Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications
have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65
[to be codified at 2 U.S.C. § 1601, et seq. ] - Lobbying Certification and Disclosure of Lobbying Activities
for Third-Party Contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the
Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at
49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section
7, which provides that Contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying
Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in
Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on
Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti-Lobbying
Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be
codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall
file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its
behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C.
1352. Such disclosures are forwarded from tier to tier up to the recipient.
Lobbying
This Contract is subject to the Federal Transit Administration's (FTA's) Lobbying requirements in 31 U.S.C.
1352, 49 CFR Part 19 and 49 CFR Part 20. The Contractor agrees to abide by its "Certification Regarding
Lobbying" submitted with its bid/proposal.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (9) 2/25/21
VI.
ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
2 CFR 200.333
18 CFR 18.36 (i)
49 CFR 633.17
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts".
FTA does not require the inclusion of these requirements in subcontracts.
Access to Records
The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to
provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or
any of their authorized representatives access to any books, documents, papers and records of
the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17
to provide the FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital project, defined
at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs
described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA
Administrator or his authorized representatives, including any PMO Contractor, access to the
Contractor's records and construction sites pertaining to a major capital project, defined at 49
U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at
49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than
the simplified acquisition threshold currently set at $250,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under
the simplified acquisition threshold and is an institution of higher education, a hospital or other
non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator,
the Comptroller General of the United States or any of their duly authorized representatives with
access to any books, documents, papers and record of the Contractor which are directly pertinent
to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (10) 2/25/21
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the
Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to maintain
same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their
duly authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto. Reference 49 CFR 18.39(i)(11) and 2 CFR 200.333.
7. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics Operational
Service Contract Turnkey Construction Architectural
Engineering Acquisition of
Rolling Stock Professional
Services
I State Grantees
a. Contracts below
SAT ($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None unless1
non-competitive
award
Those imposed on
state pass thru to
Contractor
None
Yes, unless non-
competitive
award or if
None
None
None
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (11) 2/25/21
funded thru2
5307/5309/5311 None unless
non-competitive
award
None unless
non-competitive
award
None unless
non-competitive
award
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (12) 2/25/21
VII.
ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18
The Energy Conservation requirements are applicable to all contracts.
The Energy Conservation requirements extend to all Third-Party contractors and their contracts at every
tier and subrecipients and their subagreements at every tier.
Energy Conservation
The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
VIII.
CLEAN WATER REQUIREMENTS
33 U.S.C. 1251 - 1387
The Clean Water requirements apply to each contract and subcontract which exceeds $150,000.
The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.
Clean Water
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The
Contractor agrees to report each violation to the State and understands and agrees that the State
will, in turn, report each violation as required to assure notification to FTA and the appropriate
EPA Regional Office.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (13) 2/25/21
2. The Contractor also agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FTA.
IX.
CLEAN AIR
42 U.S.C. 7401 et seq.
40 CFR 15.61
49 CFR Part 18
The Clean Air requirements apply to all contracts exceeding $150,000, including indefinite quantities
where the amount is expected to exceed $150,000 in any year.
The Clean Air requirements flow down to all subcontracts which exceed $150,000.
Clean Air
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to
report each violation to the State and understands and agrees that the State will, in turn, report
each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
2. The Contractor also agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FTA.
X.
FEDERAL CHANGES
49 CFR Part 18
The Federal Changes requirement applies to all contracts.
The Federal Changes requirement flows down appropriately to each applicable changed requirement.
Federal Changes
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (14) 2/25/21
The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the current Master
Agreement between the State and FTA, as they may be amended or promulgated from time to time during
the term of this contract. Contractor's failure to so comply shall constitute a material breach of this
contract.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (15) 2/25/21
XI.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicable to all contracts.
Not required by statute or regulation for either primary Contractors or subcontractors, this concept
should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does
not have contractual liability to third parties, absent specific written consent.
No Obligation by the Federal Government
1. The State and the Contractor acknowledge and agree that, notwithstanding any concurrence by
the Federal Government in or approval of the solicitation or award of the underlying contract,
absent the express written consent by the Federal Government, the Federal Government is not a
party to this contract and shall not be subject to any obligations or liabilities to the State,
Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (16) 2/25/21
XII.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31, 18 U.S.C. 1001
49 U.S.C. 5323(l)(1)
These requirements are applicable to all contracts.
These requirements flow down to Contractors and subcontractors who make, present, or submit covered
claims and statements.
Program Fraud and False or Fraudulent Statements or Related Acts
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying
contract or the FTA assisted project for which this contract work is being performed. In addition
to other penalties that may be applicable, the Contractor further acknowledges that if it makes,
or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § chapter 53, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to
the extent the Federal Government deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (17) 2/25/21
XIII.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
40 U.S.C. 3701
29 C.F.R. § 5.5(b)
49 CFR § 18
29 CFR § 5.5(b), which deals with overtime requirements, applies to: all construction contracts in excess
of $100,000.
Applies to Third-Party Contractors and subcontractors.
( These clauses should be used in conjunction with the Davis-Bacon Act clauses.)
1. Overtime Requirements
No Contractor or subcontractor contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
2. Violation; Liability For Unpaid Wages; Liquidated Damages
In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor
and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of
this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph 1 of this section.
3. Withholding For Unpaid Wages and Liquidated Damages
The State shall, upon its own action or upon written request of an authorized representative of
the Department of Labor, withhold or cause to be withheld, from any moneys payable on account
of work performed by the Contractor or subcontractor under any such contract or any other
Federal contract with the same prime Contractor, or any other federally-assisted contract subject
to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph 2 of this section.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (18) 2/25/21
4. Subcontracts
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this
section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in this section.
XIV.
CIVIL RIGHTS
29 U.S.C. § 621 et seq., 42 U.S.C. § 2000
42 U.S.C. § 6102, 42 U.S.C. § 12101, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1625 et seq., 41 CFR Parts 60 et seq.
49 CFR Part 25 et seq.,
The Civil Rights Requirements apply to all contracts.
The Civil Rights requirements flow down to all Third-Party Contractors and subcontractors at every tier.
This provision is a restatement of the FTA Master Agreement (2/9/2021), Section 12.
a. Civil Rights Requirements. The Recipient agrees that it must comply with applicable federal civil
rights laws, regulations, and requirements, and follow applicable federal guidance, except as the
Federal Government determines otherwise in writing. Therefore, unless a Recipient or a federal
program, including the Indian Tribe Recipient or the Tribal Transit Program, is specifically exempted
from a civil rights statute, FTA requires compliance with each civil rights statute, including compliance
with equity in service requirements.
b. Nondiscrimination in Federal Public Transportation Programs. The Recipient
agrees to, and assures that it and each Third-Party Participant will:
(1) Prohibit discrimination based on race, color, religion, national origin, sex (including gender
identity), disability, or age.
(2) Prohibit the:
(a) Exclusion from participation in employment or a business opportunity for reasons
identified in 49 U.S.C. § 5332,
(b) Denial of program benefits in employment or a business opportunity identified in 49 U.S.C.
§ 5332, or
(c) Discrimination identified in 49 U.S.C. § 5332, including discrimination in employment or a
business opportunity identified in 49 U.S.C. § 5332.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (19) 2/25/21
(3) Follow:
(a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for
Federal Transit Administration Recipients,” to the extent consistent with applicable federal
laws, regulations, requirements, and guidance, but
(b) FTA does not require an Indian Tribe to comply with FTA program-specific guidelines for
Title VI when administering its Underlying Agreement supported with federal assistance
under the Tribal Transit Program.
c. Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each
Third-Party Participant will:
(1) Prohibit discrimination based on race, color, or national origin,
(2) Comply with:
(a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.,
(b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49
C.F.R. part 21, and
(c) Federal transit law, specifically 49 U.S.C. § 5332, and
(3) Follow:
(a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for
Federal Transit Administration Recipients,” to the extent consistent with applicable federal
laws, regulations, requirements, and guidance,
(b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. §
50.3, and
(c) All other applicable federal guidance that may be issued.
d. Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third-
Party Participant will, prohibit discrimination based on race, color, religion, sex, sexual
orientation, gender identity, or national origin, and:
(a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.,
(b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity”
September 24, 1965 (42 U.S.C. § 2000e note,), as amended by any later Executive Order
that amends or supersedes it in part and is applicable to federal assistance programs,
(c) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of
this Master Agreement,
(d) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines
for Federal Transit Administration Recipients,” and
(e) Follow other federal guidance pertaining to EEO laws, regulations, and requirements, and
prohibitions against discrimination on the basis of disability,
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (20) 2/25/21
(2) Specifics. The Recipient agrees to, and assures that each Third-Party Participant will:
(a) Affirmative Action. Take affirmative action that includes, but is not limited to:
1 Recruitment advertising, recruitment, and employment,
2 Rates of pay and other forms of compensation,
3 Selection for training, including apprenticeship, and upgrading, and
4 Transfers, demotions, layoffs, and terminations, but
(b) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts
Indian Tribes under the definition of “Employer,” and
(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when
undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and
(b) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,”
September 24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by
any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e
note.
e. Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws, regulations,
or requirements, the Recipient agrees to facilitate, and assures that each Third-Party Participant will
facilitate, participation by small business concerns owned and controlled by socially and economically
disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the
Underlying Agreement as follows:
(1) Statutory and Regulatory Requirements. The Recipient agrees to comply with:
(a) Section 1101(b) of the FAST Act, 23 U.S.C. § 101 note,
(b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department
of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and
(c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master
Agreement.
(2) DBE Program Requirements. A Recipient that receives planning, capital and/or operating
assistance and that will award prime Third-Party contracts exceeding $250,000 in a federal fiscal
year must have a DBE program that is approved by FTA and meets the requirements of 49 C.F.R.
part 26.
(3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Recipient agrees that:
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (21) 2/25/21
(a) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-
assisted transit vehicle procurements, must certify that it has complied with the
requirements of 49 C.F.R. part 26, and
(b) Reporting TVM Awards. Within 30 days of any Third-Party contract award for a vehicle
purchase, the Recipient must submit to FTA the name of the TVM contractor and the total
dollar value of the Third-Party contract, and notify FTA that this information has been
attached in TrAMS. The Recipient must also submit additional notifications if options are
exercised in subsequent years to ensure that the TVM is still in good standing.
(4) Assurance. As required by 49 C.F.R. § 26.13(a):
(a) Recipient Assurance. The Recipient agrees and assures that:
1 It must not discriminate based on race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its
DBE program or the requirements of 49 C.F.R. part 26,
2 It must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure
nondiscrimination in the award and administration of U.S. DOT-assisted contracts,
3 Its DBE program, as required under 49 C.F.R. part 26 and as approved by U.S. DOT, is
incorporated by reference and made part of the Underlying Agreement, and
4 Implementation of its DBE program approved by U.S. DOT is a legal obligation and
failure to carry out its terms shall be treated as a violation of this Master Agreement.
(b) Subrecipient/Third-Party Contractor/Third-Party Subcontractor Assurance. The Recipient
agrees and assures that it will include the following assurance in each subagreement and
Third-Party contract it signs with a Subrecipient or Third-Party Contractor and agrees to
obtain the agreement of each of its Subrecipients, Third-Party Contractors, and Third-Party
Subcontractors to include the following assurance in every subagreement and Third-Party
contract it signs:
1 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor
must not discriminate based on race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted subagreement, Third-Party contract, and
Third-Party subcontract, as applicable, and the administration of its DBE program or
the requirements of 49 C.F.R. part 26,
2 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor
must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure
nondiscrimination in the award and administration of U.S. DOT-assisted
subagreements, Third-Party contracts, and Third-Party subcontracts, as applicable,
3 Failure by the Subrecipient and any of its Third-Party Contractors or Third-Party
Subcontractors to carry out the requirements of this subparagraph 12.e(4)(b) is a
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (22) 2/25/21
material breach of this subagreement, Third-Party contract, or Third-Party
subcontract, as applicable, and
4 The following remedies, or such other remedy as the Recipient deems appropriate,
include, but are not limited to, withholding monthly progress payments, assessing
sanctions, liquidated damages, and/or disqualifying the Subrecipient, Third-Party
Contractor, or Third-Party Subcontractor from future bidding as non-responsible.
(5) Remedies. Upon notification to the Recipient of its failure to carry out its approved program, FTA
or U.S. DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate
cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the
Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq.
f. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal prohibitions
against discrimination based on sex, including: (1) Title IX of the Education Amendments of 1972, as
amended, 20 U.S.C. § 1681 et seq.,
(1) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and
(2) Federal transit law, specifically 49 U.S.C. § 5332.
g. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal prohibitions
against discrimination based on age, including: (1) The Age Discrimination in Employment Act, 29
U.S.C. §§ 621 – 634, which prohibits discrimination based on age,
(1) The Age Discrimination in Employment Act, 29 U.S.C. §§621-634, which prohibits discrimination
based on age,
(2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination
in Employment Act,” 29 C.F.R. part 1625,
(3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits
discrimination against individuals based on age in the administration of Programs, Projects,
and related activities receiving federal assistance,
(4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in
Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and
(5) Federal transit law, specifically 49 U.S.C. § 5332.
h. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following
federal prohibitions against discrimination based on disability:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination based on disability in the administration of federally assisted Programs,
Projects, or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.,
which requires that accessible facilities and services be made available to individuals with
disabilities:
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (23) 2/25/21
1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but
2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires
that buildings and public accommodations be accessible to individuals with disabilities,
(d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a
prohibited basis for discrimination, and
(e) Other applicable federal laws, regulations, and requirements pertaining to access for
seniors or individuals with disabilities.
(2) Federal regulations and guidance, including:
(a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49
C.F.R. part 37,
(b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27,
(c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and
U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38,
(d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,”
49 C.F.R. part 39,
(e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local
Government Services,” 28 C.F.R. part 35,
(f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act,” 29 C.F.R. part 1630,
(h) U.S. Federal Communications Commission regulations, “Telecommunications Relay
Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R.
part 64, subpart F,
(i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,”
36 C.F.R. part 1194,
(j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609,
(k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and
(l) Other applicable federal civil rights and nondiscrimination regulations and guidance.
i. Drug or Alcohol Abuse – Confidentiality and Other Civil Rights Protections. The Recipient agrees to
comply with the confidentiality and civil rights protections of:
(1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq.,
(2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and
(3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (24) 2/25/21
j. Access to Services for Persons with Limited English Proficiency. The Recipient agrees to promote
accessibility of public transportation services to persons with limited understanding of English by
following:
(1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited English
Proficiency,” August 11, 2000, 42 U.S.C. § 2000d-1 note, (65 Fed. Reg. 50121,), and
(2) U.S. DOT Notice, “DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited
English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005.
k. Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The Recipient agrees to
comply with other applicable federal nondiscrimination laws, regulations, and requirements, and
follow federal guidance prohibiting discrimination.
l. Remedies. Remedies for failure to comply with applicable federal Civil Rights laws, regulations, and
requirements, and failure to follow guidance may be enforced as provided in those federal laws,
regulations, requirements, or guidance.
m. Promoting Free Speech and Religious Liberty. The recipient shall ensure that Federal funding is
expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public
policy requirements: including, but not limited to, those protecting free speech, religious liberty,
public welfare, the environment, and prohibiting discrimination.
n. Equal Opportunity Clause. During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to the following:
(a). Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (25) 2/25/21
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
(a) Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
(b) The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the contract.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (26) 2/25/21
(c) The applicant agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of contractors and subcontractors
with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance, and that it
will otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
(d) The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the Secretary
of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant
agrees that if it fails or refuses to comply with these undertakings, the administering agency
may take any or all of the following actions: Cancel, terminate, or suspend in whole or in
part this grant (contract, loan, insurance, guarantee); refrain from extending any further
assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such
applicant; and refer the case to the Department of Justice for appropriate legal
proceedings.
(9) [Reserved]
(10) Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal
opportunity clause in each of its nonexempt subcontracts.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (27) 2/25/21
XV.
PROMPT PAYMENT ON SUBCONTRACTS AND
RETURN OF RETAINAGE
49 CFR § 26.29
RCW 39.04.250
The following procedures shall apply to all subcontracts entered into as a part of this Contract.
A. Requirements
1. Upon request, the State’s Project Engineer will provide a copy of any or all
progress payment estimates, with regard to contract payments to any interested
party to the project.
2. The Contractor shall make payment to the Lower Tier Subcontractor not later than
ten calendar days after receipt of payment for work satisfactorily completed by
the Lower Tier Subcontractor, to the extent of the Lower Tier Subcontractor ’s
interest therein.
3. In the event the Contractor believes they have the right under the Contract or
Subcontract to withhold payment in part or whole from a Lower Tier
Subcontractor they shall provide immediate notification to that Lower Tier
Subcontractor and the Engineer. The notice shall include an accounting of
payments to date, the value and reason for the withheld amount, and an
explanation of what must be done to have the withheld amount released. The
Lower Tier Subcontractor shall be paid within eight calendar days after the
Subcontractor completes the remedial action identified.
4. Every subcontract and lower tier subcontract shall have a dispute resolution
process incorporated for resolving issues between the parties to the subcontract,
or one shall be established as necessary.
5. If the parties agree, the State will make a Third-Party neutral available provided
the parties to the dispute agree that the cost of doing so is split between them.
6. The Engineer will withhold the same amount of funds from the Contractor as was
withheld if the issue is not resolved by the next progress estimate.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (28) 2/25/21
7. Failure by a Contractor or Subcontractor to comply with these requirements may
result in one or more of the following:
a. Reflected in the Prime Contractor’s Performance Evaluation.
b. Cancellation, termination or suspension of the Contract, in whole or in
part.
c. Sanctions as provided by the Contract; subcontract; or by law under
applicable prompt payment statutes including RCW 39.04.250.
8. The Subcontractor shall make a written request to the Contractor for the release
of the Subcontractor’s retainage or retainage bond.
9. Within 10 calendar days of the request, the Contractor shall determine if the
subcontract has been satisfactorily completed including any required lien
releases, documentation and material testing and shall inform the Subcontractor,
in writing, of the Contractor’s determination.
10. If the Contractor determines that the subcontract has been satisfactorily
completed, the Subcontractor ’s retainage or retainage bond shall be released by
the Contractor within 10 calendar days from the date of the written notice. If the
Contractor determines that the Subcontractor has not achieved satisfactory
completion of the subcontract, the Contractor must provide the Subcontractor
with written notice, stating specifically why the subcontract Work is not
satisfactorily completed and what has to be done to achieve completion. The
Contractor shall release the Subcontractor’s retainage or retainage bond within
10 calendar days after the Subcontractor has satisfactorily completed the Work
identified in the notice.
11. In determining whether satisfactory completion has been achieved, the
Contractor may require the Subcontractor to provide documentation such as
certifications and releases, showing that all laborers, lower-tiered Subcontractors,
suppliers of material and equipment, and others involved in the Subcontractor ’s
Work have been paid in full. The Contractor may also require any documentation
from the Subcontractor that is required by the subcontract or by the Contract
between the Contractor and Contracting Agency or by law such as affidavits of
wages paid, and material acceptance certifications to the extent that they relate
to the Subcontractor ’s Work.
12. If the Contractor fails to comply with the requirements of the Specification and
the Subcontractor’s retainage or retainage bond is wrongfully withheld, the
Contractor will be subject to the actions described in No. 7 above. The
Subcontractor may also seek recovery against the Contractor under applicable
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (29) 2/25/21
prompt pay statutes in addition to any other remedies provided for by the
subcontract or by law.
B. Conditions
1. This clause does not create a contractual relationship between the Contracting
Agency and any Subcontractor as stated in the current WSDOT Standard
Specifications for Road, Bridge and Municipal Construction (Standard
Specifications), Section 1-08.1. Also, it is not intended to bestow upon any
Subcontractor, the status of a third-party beneficiary to the Contract between the
Contracting Agency and the Contractor.
2. This Section of the Contract does not apply to retainage withheld by the
Contracting Agency from monies earned by the Contractor. The Contracting
Agency shall continue to process the release of that retainage based upon the
Completion Date of the project as defined in the Standard Specifications, Section
1-08.5 Time for Completion and in accordance with the requirements and
procedures set forth in RCW 60.28.
C. Payment
The Contractor shall be solely responsible for any additional costs involved in
paying retainage to the Subcontractors prior to total project completion. Those
costs shall be incidental to the respective Bid items.
XVI.
RECYCLED PRODUCTS
42 U.S.C. 6962
40 CFR Part 247
Executive Order 12873
The Recycled Products requirements apply to all contracts for items designated by the EPA, when the
purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has
procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements
for "recovered materials" became effective May 1, 1996. These new regulations apply to all procurement
actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of
one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal
year was $10,000.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (30) 2/25/21
Not applicable.
XVII.
CONFORMANCE WITH ITS
NATIONAL ARCHITECTURE
23 U.S.C. 517
The Conformance with ITS National Architecture requirements apply to contracts for Intelligent
Transportation System (ITS) projects.
Not applicable.
XVIII.
SAFE OPERATION OF MOTOR VEHICLES
23 U.S.C. 402
Executive Order No. 13043
Executive Order No. 13513
U.S. DOT Order No. 3902.10
The Safe Operation of Motor Vehicles requirements apply to all federally funded Third-Party contracts.
Seat Belt Use
The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its
employees and other personnel that operate company-owned vehicles, company - owned vehicles,
company - rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-
leased” refer to vehicles owned or leased either by the Contractor or WSDOT.
Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by
distracted drivers, including policies to ban text messaging while using an electronic device supplied by an
employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (31) 2/25/21
privately-owned vehicle when on official business in connection with the work performed under this
agreement.
XIX.
BREACHES AND DISPUTE RESOLUTION
Section 39, FTA Master Agreement
49 CFR Part 18
FTA Circular 4220.1F
The Contractor shall comply with the “Termination of Contract”, Disputes and Claims", "Claims
Resolution" and other applicable Sections of the WSDOT Standard Specifications.
The below is a restatement of the FTA Master Agreement (2/9/2021), Section 39(a) – (b). It applies to all
contracts valued at more than $100,000.
(a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation,
or requirement, or any disagreement involving the Award, the accompanying Underlying
Agreement, and any Amendments thereto including, but not limited to, a default, breach, major
dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise.
(b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may
affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief
Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient
must include a similar notification requirement in its Third Party Agreements and must require
each Third Party Participant to include an equivalent provision in its subagreements at every tier,
for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
(1) The types of legal matters that require notification include, but are not limited to, a major
dispute, breach, default, litigation, or naming the Federal Government as a party to
litigation or a legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the
Federal Government’s interests in the Award, the accompanying Underlying Agreement,
and any Amendments thereto, or the Federal Government’s administration or
enforcement of federal laws, regulations, and requirements.
(3) Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the
U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for
the Region in which the Recipient is located, if the Recipient has knowledge of potential
fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The
notification provision applies if a person has or may have submitted a false claim under
the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (32) 2/25/21
or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging,
misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving
federal assistance. This responsibility occurs whether the Project is subject to this
Agreement or another agreement between the Recipient and FTA, or an agreement
involving a principal, officer, employee, agent, or Third Party Participant of the Recipient.
It also applies to subcontractors at any tier. Knowledge, as used in this paragraph,
includes, but is not limited to, knowledge of a 95 criminal or civil investigation by a
Federal, state, or local law enforcement or other investigative agency, a criminal
indictment or civil complaint, or probable cause that could support a criminal indictment,
or any other credible information in the possession of the Recipient. In this paragraph,
“promptly” means to refer information without delay and without change. This
notification provision applies to all divisions of the Recipient, including divisions tasked
with law enforcement or investigatory functions.
XX.
SIMPLIFIED ACQUISITION THRESHOLD
41 U.S.C. 1908
2 C.F.R. §§ 200.317 – 200.326
The simplified acquisition threshold applies to contracts of at least $250,000.
Contracts for more than the simplified acquisition threshold, currently set at $250,000, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must
address administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as appropriate. (Note that the simplified
acquisition threshold determines the procurement procedures that must be employed pursuant to 2
C.F.R. §§ 200.317–200.326. The simplified acquisition threshold does not exempt a procurement from
other eligibility or processes requirements that may apply. For example, Buy America’s eligibility and
process requirements apply to any procurement in excess of $150,000. 49 U.S.C. § 5323(j)(13).)
XXI.
TERMINATION
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (33) 2/25/21
The Contractor shall comply with the “Termination of Contract” Section of the WSDOT Standard
Specifications.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (34) 2/25/21
XXII.
SPECIAL NOTIFICATION REQUIREMENTS FOR STATES
Section 37, FTA Master Agreement for
agreements authorized by
49 U.S.C. chapter 53 and Title 23, U.S.C.
This provision is a restatement of the FTA Master Agreement (2/9/2021), Section 37.
To the extent required under federal law, the State, as the Recipient, agrees to provide the following
information about federal assistance awarded for its State Program, Project, or related activities:
a. Types of Information. The State will provide information including:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State
Program or Project,
(2) The Catalog of Federal Domestic Assistance Number of the program from which the
federal assistance for a State Program or Project is authorized, and
(3) The amount of federal assistance FTA has provided for a State Program or Project.
b. Documents. The State will provide the information required under this provision in the following
documents:
(1) Applications for federal assistance,
(2) Requests for proposals, or Solicitations,
(3) Forms,
(4) Notifications,
(5) Press releases, and
(6) Other publications.
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D
G:\FED AID\FTA\PROCUREMENT\010 (35) 2/25/21
XXIII.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS
FTA Circular 4220.1F
The incorporation of FTA terms applies to all contracts.
The incorporation of FTA terms has unlimited flow down.
Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisions
required by DOT, as set forth in FTA Circular 4220.1F, at Microsoft Word - FTA Circular 4220 1F Third Party
Contracting Guidance - 4-14-09 - Final Clean (ny.gov); and the FTA Master Agreement, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms
shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any State
requests which would cause the State to be in violation of the FTA terms and conditions.
( END )
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C
05620-08.Cat1.insimc.vendorsigned
Final Audit Report 2021-11-09
Created:2021-11-09
By:Kelli Carmony (kelli.carmony@des.wa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA0qo7CHU1Yqnq6mEwc48NgUO-Xjx0fu4z
"05620-08.Cat1.insimc.vendorsigned" History
Document created by Kelli Carmony (kelli.carmony@des.wa.gov)
2021-11-09 - 9:10:46 PM GMT- IP address: 198.238.242.30
Document emailed to Kim Kirkland (kim.kirkland@des.wa.gov) for signature
2021-11-09 - 9:11:34 PM GMT
Email viewed by Kim Kirkland (kim.kirkland@des.wa.gov)
2021-11-09 - 10:20:50 PM GMT- IP address: 104.47.64.254
Document e-signed by Kim Kirkland (kim.kirkland@des.wa.gov)
Signature Date: 2021-11-09 - 10:21:36 PM GMT - Time Source: server- IP address: 198.238.242.30
Agreement completed.
2021-11-09 - 10:21:36 PM GMT
DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C