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HomeMy WebLinkAboutContractPAGE 1 OF 9 THIS AGREEMENT (“Agreement”) is made as of the 29th day of July, 2024, (the “EffectiveDate”) 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 Washington a company,who are collectively referred to as the “Parties”, to provide fiber splicing and install 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 Exhibit “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 than 90 calendar days after the Agreement’s Effective Date. Liberty Park Wireless AP Cabling and Installation AGREEMENT Using State Master Contract #05620/w1165 CAG-24-224 CAG-24-224 PAGE 2 OF 9 4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Services, or on December 31, 2024.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 $47,000.00 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 9 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. For limited Public Works Contracts 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. Final Acceptance. Final Acceptance of the Project occurs when the Public Works Director hasdeterminedthat theProject is one hundred percent (100%) complete and has been constructed in accordance with the Plans and Specifications. 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 underthe Contract exceeds the expenseincurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by the Cityorwhich may be sustainedby 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 shallpay such differencetothe City. Such expense and damagesshall include all reasonable legal expenses and costs incurred by the City to protect the rights and PAGE 4 OF 9 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. 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. PAGE 5 OF 9 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 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,atitsoption,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, PAGE 6 OF 9 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 notbe 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 complywith the Washington State Public Records Act, Contractor shall make a due diligent searchof all recordsin 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,unlessthoserecordsareprotectedbycourtorder. PAGE 7 OF 9 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 noticeor 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 administeredby 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. 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 PAGE 8 OF 9 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 9 _______________________________ Shane Moloney Renton City Attorney Clb Approved by Cheryl Beyer via email 8/2/2024 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 June 21, 2024 City of Renton 1055 S Grady Way, Renton, WA Thank you for allowing Intracommunication Network Systems Inc. (INSI) the opportunity to provide the following quotation to provide low voltage services for the City of Renton Scope of Work – Office Building, Water Building, Utility Pole Connections Liberty Park Office Building. Furnish and install new Cat-6 cable drops for WAP’s (Wireless Access Points) for the Liberty Park office building, cable drops will consist of: o (08) drops for the offices. Cables will terminate on a new 24-port Cat-6 copper patch panel. Surface mount raceway will be required to get cabling to the WAP locations. Cat6 drop will need to be ran through liberty park building from the 2nd floor network cabinet to the outside SE wall. The AP will need to be mounted to the building. Furnish and install (1) 3U fiber patch panel w/SM-LC adapter panels will be needed to replace current fiber tray in network cabinet. o Fusion splice (36)-strands of Fiber. (24 of 96) & (01) 12-strand. Cables will terminate on a new 24-port Cat-6 copper patch panel. Liberty Park Utility Pole A ne outdoor network enclosure will need to be installed on Pole. This will replace an existing outdoor enclosure, and the new enclosure will be mounted lower on the pole ~15ft high. o New enclosure provided by the customer. Power and conduit will need to be moved into the new network enclosure. o This task will be provided by the customer. Fiber and conduit will need to be moved into the new network enclosure. Cat-6 drops will need to be ran for the cameras to the new network enclosure. Cat-6 drops will need to be ran for the 3 APs on the pole. This includes mounting the 3 APs and angling their antennas. Two Rugged Switches and Power Supplies that are pre-configured by IT will be mounted on DIN rails in cabinet. Replace 6 cameras with new cameras, they will need to be installed, aimed and tested. o A separate quote will be provided for this task. Water Building Furnish and install (1) 3' network cabinet to wall. o Power for cabinet will be ran by Water Dept. o Fiber conduit path to room will be ran by Water Dept. Once conduit is inside the building, Fiber will need to be ran through conduit to the network cabinet. All 24 fiber strands will be spliced in a new fiber tray in the network cabinet. (Using LC-UPC Bulkheads) A new 30' Hinged Tower will be installed on the south side of the building by Water Dept. o This will involve mounting the AP and its antenna to the top of pole. Antenna for AP will need to be aimed by installer. The Water Dept. will install their own radio antenna. Run two OSP rated Cat6 cables from the network cabinet to the top of the pole for the AP and radio. o Terminate cat6 cables to a patch panel and keystones. Quotes are based on the designed drawing provided by the customer. Quote assumes work will be done during normal business hours. Quote includes current Prevailing Wage rates for King County. Pricing - Labor $31,200.00 Materials $11,059.56 Total $42,259.56 WA.ST Tax @10.3% $4,352.73 Grand Total $46,612.29 Utility Pole CCTV replacement and focusing $1,290.00 Note: This quote assumes that this work will take place while INSI is onsite with a high lift. Assumptions of Scope: All cable pathways will be easily accessible and free and clear from any obstruction. INSI will conduct or attend the appropriate Safety Orientation/Meeting prior to performing any work. All work performed will be compliant with EIA/TIA Telecommunications Building Wiring Standards and in accordance with all applicable electrical and building codes. INSI will test all newly installed cables and label in accordance with Customer/Industry standards. All work will be performed during normal business hours (7:30 AM – 4:30 PM), Monday through Friday. Work performed during hours other than normal business hours will be billed at premium rates (rate schedule available on request). INSI and Customer must approve, in writing, all “off-shift” or premium-time work. Change Order: If changes are required during the course of this project, a change order will be provided, and work will continue upon approval of such change order. Warranty: INSI warrants the work performed by INSI against defects in materials and workmanship for a period of 1 year from the date of completion, provided an INSI technician performs all adds, moves, and changes during the warranty period. Access will be provided in a timely manner to all facilities where work is requested. Delays and/or interruptions resulting from lack of access may result in additional charges. Exempt from Scope: MDF/IDF Patch Cords, Unknown quantities, and lengths. Unforeseen circumstances and hidden or not readily apparent conditions. Cable pathways, other than as defined in the Scope. Terms and Conditions: Authority for this project is INS/DES Contract Number 05620/w1165 and a DES Master Contract Administrative Fee of 1.5% will be assessed on the total purchase price. Payment Terms: Material and mobilization fees will be invoiced upon acceptance of proposal. Progress installation invoices will be submitted monthly, with final invoice submitted upon completion and acceptance. Net 30 days. Overdue accounts subject to 1.5% monthly service charge. INSI shall not be liable for damages to materials or bodily injury arising from causes beyond its reasonable control. These prices are good for a period of 45 days. This bid information is confidential and proprietary for use, only, by Customer and INSI. Please signify acceptance of this proposal, by signing and returning to INSI. If you have any questions, please contact me at (253) 761-0418. Sincerely, Ari Shackell Ari Shackell, Project Manager Intracommunication Network Systems Inc (INSI) Acceptance of Proposal Renton – Liberty Park – Office Building, Water Building, Utility Pole Connections Project Name _____________________________ ___________________________ Customer Signature Date ______________________________ ____________________________ Print Name/Title Order No.