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HomeMy WebLinkAboutContract CAG-18-209 SMALL WORKS CONTRACT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the day of ; -L--.-' 2018, (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 ("Renton"), through its Community Services Department and Launch ad Technolo dba Entrance Controls ("Contractor"), who are collectively referred to as the "Parties", to replace gate operator at Fire Station 12, 1209 Kirkland Ave. Renton and Contractor agree as set forth below. 1. Scope of Services: Contractor will provide all material and labor fullynecessary to incorporated perform ntothis work described in the Proposal which is attached and Agreement by reference as Attachment "A." 2. Changes in Scope of Services: Renton, 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. Time of Performance: Contractor shall commence performance of the Agreement no later 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, no later than 90 days from the Effective Date.This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of Renton and Contractor. 5. Agreement Sum: The total amount of this Agreement is the sum of $17,127.35 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, Renton agrees to make payment of the amount identified as the Agreement Sum. 7. Method of Payment: Payment by Renton for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in a form acceptable to Renton. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. Renton 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. 8. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, 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 Renton 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 Renton, 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 Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance: Contractor shall secure and maintain: a. Commercial general liability insurance in the minimum amounts of$1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. b. Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to Renton that are excluded in the commercial general liability insurance. c. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. d. It is agreed that on Contractor's commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. Renton's insurance policies shall not be a source for payment of any Contractor liability. e. Subject to Renton's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. f. Contractor shall provide Renton with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. PAGE 2 OF 6 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 any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of 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, Renton shall have the right, at its option,to cancel the Agreement in whole or in part. d. Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11. Independent Contractor: Contractor's employees, while engaged in the performance of any of Contractor's services under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of Renton and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor's relation to Renton 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. 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, http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp. PAGE 3oF6 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 search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Contractor believes said records need to be protected from disclosure, it shall, at Contractor's own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 15. Other Provisions: a. Administration and Notices. Each individual executing this Agreement on behalf of Renton and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of Renton or Contractor. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3)calendar days after the date of mailing. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. 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. Compliance with Laws. Contractor and all of the Contractor's employees shall perform the services in accordance with all applicable federal,state,county and city laws,codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. e. Conflicts. In the event of any inconsistencies between contractor proposals and this contract,the terms of this contract shall prevail. F PAGE 4 OF 6 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. kk' g. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. h. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. i. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. j. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. C' k. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. I. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either Renton or Contractor from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR Kelly Beyme , Admi'istrator Dick Petrich 1055 South Grady Way Launchpad Technology dba Entrance Controls Renton, Washington 98057 702 Industry Drive Tukwila, WA. 8188 � Date Date PAGE 5 OF 6 is Approved as to Legal Form Shane Moloney Renton City Attorney Date Contract Template Updated 09/13/2018 PAGE 6 OF 6 CITY OF RENTON COMMUNITY SERVICES DEPARTMENT 'Renton 0 ATTACHMENT A Entrance Controls 702 Industry Drive Tukwila,WA 98188 Phone:(206)622-0452 Fax:(206)622-8727 Todd Carlson toddcarlson@eci-nw.com City Of Renton Date: 8/29/2018 1055 South Grady Way Quotation No.: 83622 Renton, WA 98057 Paul Youngedyk Client No.: 23018 Phone: 425-766-6168 Quote Valid 30 days Fax: Due Upon Receipt Special Terms listed below Renton Fire Station 12, Gate Operator Replacement Mr. Paul Youngedyk; Here is our proposal for the cost to furnish and install a new replacement HySecurity Gate Operator at the Renton Fire Station#12 located at 1209 Kirkland Ave. in Renton WA. Entrance Controls(EC)proposes the following: EC will furnish and install a new HySecurity Model 222EX Slide Driver Gate Operator in place of the existing one. EC will re-use the power connection that is there. EC will re-use the existing ground loops but will furnish and install new loop detectors in the operator. EC will furnish and install new edge sensors on the leading and trailing edge of the gate to meet new safety standards. EC will also replace the drive rail with the new improved grooved rail designed to work with the newer operators. EC will program and test once equipment is installed to ensure the gate and detectors are working properly. All work is assumed to be done during regular business hours. Qty. Part# Description _ Manufacturer Unit Price Total Price 1 Slide Driver 30F HySecurity 10,677.15 10,677.15 2 Drive Rail(MX3885)14ft Sections HySecurity 368.20 736.40 2 EDGECHL-HP 5ft ASO Gate Edge ASO 144.13 288.26 1 WEL-200K Wirless Edge Link(T&R EMX 213.68 213.68 1 WEL-200T Wirless Edge Link EMX 114.21 114.21 2 MX4125 Intelligent Loop Detector, HySecurity 165.40 330.80 1 LOT-LABOR Elect.Sub,120VAC EC Compnay 540.00 540.00 1 1134 ASSOCIATED PROJECT ITEMS 219.82 219.82 Consists of: Fees,Affidavits 80.00 Shipping and Handling 75.00 Anchors,ties,connectors,etc. 64.82 Equipment Sub Total: 13,120.32 Labor: Installation 1,955.00 Engineering 140.00 Programming 120.00 System Testing 115.00 Project Management/Coordination 120.00 Labor Sub Total: 2,450.00 Labor& Equipment Total: 15,570.32 Total value $ 15,570.32 plus Tax Payment Terms: Due Upon Receipt Assumptions: 1. Existing or owner provided equipment, cable, &infrastructure being re-used or used is in good working condition. 2. Existing or owner provided equipment meets manufacturer's current specifications. 3. All work to be done during normal business hours, unless noted. 4.All work for this project is estimated to be done in one continuous time frame(consecutive 8 hour days). Any delays requested or created by the client or the clients other contractors(Including interfacing with clients IT personnel)that result in additional time, or trips/mobilization,will incur additional costs being added to this job on a time and materials basis. Likewise, any additional labor required to troubleshoot or work on systems not provided by Entrance Controls will be billed to the client on a time and materials basis. Exclusions: 1. Any other materials or work other than what is described and quoted 2. 120vac power with UPS backup 3. Conduit/Raceway/Wire mold 4. Core Drilling 5. Network Work,equipment or Connections 6. Card holder programming 7. Patching/Painting 8. Handling of Hazardous Materials 9. Existing Code Violations 10. Unforeseen/Hidden Conditions or Damage 11. Repair of wiring faults caused by others. 12. After Hours Work 13.As built drawings 14. Sales Tax WARRANTY 1 YEAR PARTS AND LABOR(MONDAY-FRIDAY 7AM-4PM) Thank you for the opportunity to provide this proposal. EC is committed to quality, value, and a technically sound solution. Please contact us should you have any further questions. Best Regards, Bill Wright Entrance Controls ACCEPTED BY: PRINTED NAME: PO NUMBER: DATE: SECURING YOUR ENVIRONMENT THIS QUOTE/PROPOSAL IS PROPRIETARY INFORMATION FOR THE RECEIPENTS USE ONLY. THIS INFORMATION CANNOT BE TRANSMITTED TO ANY OTHER PARTY. "CONFIDENTIAL - PROPRIETARY INFORMATION"