HomeMy WebLinkAboutContractPAGE 1 OF 8
THIS AGREEMENT (“Agreement”) is made as of the 31st day of January, 2023, (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: Contractor shallcommenceperformanceof the Agreement no later
than 30 calendar days after the Agreement’s Effective Date.
Wireless AP Cabling and Installation AGREEMENT
Using State Master Contract #05620/w1165
CAG-2__-_____
3 042
PAGE 2 OF 8
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services, or on June 30, 2023. 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 be entitled
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
pay the Contractor an equitable shareof the fixedfee. This provisionshall not prevent
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 $24,000.00 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
Department of Labor and Industries:
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp
PAGE 3 OF 8
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
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
PAGE 4 OF 8
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 death to persons,
including injuries, sickness, disease or death of Contractor’s own employees, agents and
volunteers, or damage to property caused by Contractor’s negligent act or omission,
except for those acts caused by or resulting from a negligent act or omission by 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. Commercial Automobile Liability for owned, leased, hired or non-owned, leased,
hired or non-owned, with minimum limits of $1,000,000 per occurrence combined
single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by
or on behalf of the City, beyond normal commutes.
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E. Contractor shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Contractor liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Contractor to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. 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.
G. 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
with regard 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
and that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation
and selection for training.
C. If Contractor fails to comply with any of this Agreement’s non-discrimination
provisions,Cityshallhave the right, at its option, to cancel the Agreementin whole or
in part.
D. Contractor is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
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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 ofany
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 not be
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 made by 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
RecordsActrequestin a timelymanner, unless thoserecordsare protected by court order.
PAGE 7 OF 8
15. Other Provisions:
A.Administration and Notices. Each individual executing this Agreement on behalf of
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
notice or may be deposited in the United States mail, postage prepaid, to the address
set forth below. Any notice so posted in the United States mail shall be deemed
receivedthree (3) calendar days after the date of mailing. This Agreement shall be
administered by and any notices should be sent to the undersigned individuals or
their designees.
CITY OF RENTON
Ian Hardgrave
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6876
ihardgrave@rentonwa.gov
CONTRACTOR
Intracommunication Network Systems,
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. Contractorandallof the Contractor’semployeesshall perform
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
prepared by the joint efforts of the Parties and shall not be construed against one
PAGE 8 OF 8
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
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 thisAgreement
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
____________________________
Kristi Rowland
Deputy Chief Administrative Officer
Ari Shackell
Project Manager
_____________________________
Date
_____________________________
Date
Approved as to Legal Form
PAGE 9 OF 8
_______________________________
Shane Moloney
Renton City Attorney Clb 1/19/23 2376
Attachment A
(approved by Cheryl Beyer via email on 2/3/2023)
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 05620/w1165
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