HomeMy WebLinkAboutContract CAG-1 9-006
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CONTRACT AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the "41 day of Jantt&vj, 2orq, (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 Absco Solutions, ("Contractor"), who are collectively
referred to as the "Parties", to install surveillance cameras at, Maplewood Golk Course. Renton
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: 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 15 days calendar days after the Agreement's Effective Date.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than 60 days from the Effective Date. This Agreement may be extended
to accomplish change orders, if required, upon mutual written agreement of Renton and
Contractor.
S. Agreement Sum: The total amount of this Agreement is the sum of $9,264.20 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://vvww.lni.wa.gov/TradesLicensing/PrevWage/default.asp.
PAGE 3 OF 6
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.
'if)
PAGE 40F6
f. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
g. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation,drafting or execution.
h. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington,or its replacement or successor.
i. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
j. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
k. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
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
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�.
Kelly Beym r,Ad �istrator
1055 South Grady Way 17 1��//gin I 2 fr .'- c
Renton, Washington 98057
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Date Date
(;)
PAGE 5 OF 6
Approved as to Legal Form
Shane Moloney
Renton City Attorney
I Nut,
Date
Non-standard 10/9/18(562)
PAGE 6 OF 6
Attachment A Page 1 of 5
Proposal 18200-1
Absco Solutions
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Absco Solutions
19023 36th Avenue W,Suite E
Lynnwood,WA 98036
Phone(425)771 -1166 City of Renton - Maplewood Golf Course
Fax(425)771 -4422 Project Proposal for
Web:www.abscosolutions.com City of Renton -Maplewood Golf Course
Surveillance System-Pro Shop
Prepared for Kelly Beymer
Phone: 425-430-6803
Prepared By:
DIo Sykes
October 8, 2018
NargaSOMMINAWigiggpAnmaxakantose
,
October 8, 2018
Proposal 18200 1 �; . r, v, . ., I>4 r,
This document is intended to describe the Scope of Work proposed to City of Renton - Maplewood Golf Course
by Absco Solutions. The information set forth below is intended to be a framework for discussion around project
work efforts and is subject to change. It is anticipated that project requirements will by mutually defined and/or
detailed written specifications finalized if the proposed Scope of Work is approved. Project schedules and cost
estimates contained herein are based upon information provided to date and are subject to change. This proposal
is based on request for proposal from City of Renton
Overview of Issues/Needs Assessment
Provide a surveillance system for the Pro-Shop at the City of Renton -Maplewood Golf Course.
Scope of Work/Desired Outcome
Absco Solutions proposes to provide a surveillance system that will tie into the City of Renton primary surveillance
system. The system will be designed to provide visual coverage of the cashwraps, areas of merchandise and
entry and exit doors. Absco will terminate wire at client provided PoE Switch in Server Room. These cameras
will become part of the City of Renton's primary Surveillance System.
Absco to Provide and Install the Following:
-Three(3) ea. IP cameras
CAM#1 -2MP IP Camera-Mounted in Ceiling-View of the cashwraps and area surrounding counter
CAM#2 -2MP IP Camera- Mounted in Ceiling -View of outside doors and sales floor pointing back to sales
counter
CAM#3 -2MP IP Camera-Mounted in Ceiling -View of Inside door and the sales floor
-Three(3) ea. Avigilon Camera Licenses-Enterprise Level
One(1) ea. 8 Port PoE Switch
-Permits
LOT-Cable and Installation Labor
-Programming, Testing and Commissioning
City of Renton to Provide and or Install the Following:
-Three (3) ea. IP Addresses prior to installation
-Workstation (including monitor, keyboard and mouse-on site)
-Server(existing at the City of Renton)
-Access to work area during normal business hours (to be coordinated with the Pro-Shop prior to beginning)
See Terms and Conditions for Additional Information
Inclusions
• Price includes the provision and installation of all of boxes and wire for devices provided by Absco Solutions and
listed in this proposal.
19023 36th Avenue W, Suite E, Lynnwood, WA 98036
Phone(425) 771 - 1166 Fax(425) 771 -4422
October 8, 2018
Proposal 18200-1
ntilf
• Price includes 1 hour of training of the end user on site. Additional training is to be on time and material basis.
• Basic camera function and connectivity testing to be performed at time of installation. Absco will adjust the
camera field of view once at the time of installation. If additional time or trips are required to perform additional
FOV adjustment or changes in configuration, this will be performed on a time and material basis.
• Price includes the physical installation of all cameras provided by Absco Solutions listed in this proposal. Before
Absco can install the cameras all foundations and backboxes must be installed with the Ethernet cable connector
in place with the designated length of cable present. Custom backboxes provided by Absco will be installed per
the manufacturer's instructions prior to installation of the camera by Absco.
• Price includes providing the listed equipment only. Any additional equipment is to be on a time and material
basis.
• Low voltage permits applicable to Absco Solutions'scope listed in this proposal are included in the price.
• Shipping costs are included in this proposal or pricing listed.
• Price includes start up and test of the listed devices provided by Absco Solutions in this proposal to ensure
functionality of the system as proposed.
• Price includes the termination of all field devices provided by Absco Solutions listed in this proposal. Prior to
termination of field devices, all circuits must be complete and free of grounds, shorts, and metered for end-of-line
resistor(if applicable). To complete circuit, all circuit splices must be made within NEC standards (minimum six
inches of cable length). Wiring by others must be installed to the final device location. Any cabling splices
required to bring the circuit to the device location must be completed by others prior to device termination.
Exclusions
•Absco Solutions does not warrant any customer-provided equipment or cabling. Additional labor required to
troubleshoot, repair or correct faulty equipment or wiring will be billed as a separate invoice.
• LAN connections to be existing or provided by others. LAN connection to be located at each camera and the
head-end location(s). Connections will be labeled, connectors in place, and tested prior to Absco Solutions
installation.
• Price is based on all required network switches including any required Power Over Ethernet (POE) switches
being existing or provide by the client and the required network to the switch locations is to be existing.
• Patching and painting are to be performed by others and are not part of this scope.
• Sales Tax excluded -Any applicable state sales tax is not included in the quoted price
•Absco Solutions is not providing the server. The server is to be provided and provided in working order by the
customer. Absco Solutions will require administrative permissions to load the associated software.
• Customer to provide computers designated for client stations. Client stations will be in working condition,joined
to the same domain as the server, include an appropriate and compatible monitor(s), and meet minimum
performance criteria as listed by the manufacturer.
Limitation
• Network Administrator to supply Absco Solutions with local administrator logon account and password for
installation. Logon account and password to be valid for 30 days after the completion of the installation for the
purpose of troubleshooting.
•All work to be performed during Absco Solutions normal working hours of 7:00 AM -5:00 PM, Monday through
Friday (excluding holidays). Any labor required outside of these hours will be billed as a separate change order.
;_ 19023 36th Avenue W, Suite E, Lynnwood, WA 98036
Phone(425) 771 - 1166 Fax(425) 771 -4422
October 8, 2018 ttalr
Proposal 18200-1
•
• Basic system function and connectivity testing to be performed at time of installation. Additional time or trips
required to perform this testing will be performed on a time and material basis.
•The customer is responsible for providing the servers that the software will reside on and responsible for
assisting Absco Solutions personnel to gain access to the servers and in loading the software including any
administrative permissions needed.
• Proposal price is based on reusing the existing control panel and/or power supply in their current configuration.
Proposal price further assumes that existing panel has capacity in place for the alterations listed in this proposal.
•Any additional insurance cost will be billed at cost plus 10%. This includes, but is not limited to, Waivers of
Subrogation, Waiver for Transfer of Right of Recovery, Specific Additional Insured, etc. Failure to disclose any
additional insurance requirements will be deemed acceptance of any future change orders for insurance charges.
Price
We propose to provide the above listed Scope of Work for the sum of:
$8,422.00 plus tax
days.
Warranty
The warranty on the listed equipment and labor shall be void if a person or firm other than Absco Solutions or a
contractor authorized by Absco Solutions performs any work identified within the original scope of work of this
contract.
All equipment provided by Absco Solutions has a warranty of one year from the date of invoice. THIS
MERCHANTABILITY OR OTHERWISE PROVIDED UNDER THE LAWS OF WASHINGTON.
Equipment Schedule
3 2.0C-H4A-D1-IR Avigilon 2.0 Megapixel H4 HD Dome
Cameras with Adaptive Video
Analytics
3 1C-ACC5-ENT Avigilon ACC 5 Enterprise HD
1 556600-S Windy City Wire CAT6 Plenum - White jacket
1 S8 Cisco Switch, Gigabit POE, 8 Port
19023 36th Avenue W, Suite E, Lynnwood, WA 98036
Phone(425) 771 - 1166 Fax(425) 771 -4422
October 8, 2018
Proposal 18200-1
...�.a PA...�
0
Absco Solutions accounts. Payment by MasterCard or Visa plus an additional 3.5% surcharge is available with
prior approval.
• All invoices arc Net 30 on approval of credit and arc subject to interest charges of 4% per month if past due
Acceptance
Inclusions, Exclusions, Limitations, and Warranty listed above. The above prices, specifications, and conditions
are satisfactory and arc hereby accepted. Payment will be made as stated above.
The undersigned is
with and abide by the terms of this agreement.
Printed Name
Title
Date
x d 19023 36th Avenue W, Suite E, Lynnwood, WA 98036
'k Phone(425) 771 - 1166 Fax(425)771 -4422