HomeMy WebLinkAboutContract CAG-19-365
CONTRACT AGREEMENT
THIS AGREEMENT("Agreement") is made as of the \ ‘lkday of \t C. , 2019, (the "Effective
Date") by and between the City of Renton, a non-charter code city under RCW 35A, and a
Washington Municipal Corporation ("City"), through Absco Solutions, Inc. (type of entity)
("Contractor"), who are collectively referred to as the "Parties", to install a new camera in the
City Hall P2 Police BAC Room. The City and Contractor agree as set forth below.
1. Scope of Work: Contractor will provide all material and labor necessary to perform all
work described in the Scope of Work which is attached and fully incorporated into this
Agreement by reference as Attachment "A."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Scope of Work 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 or Amendment signed by the
Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no later
than (90 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
Work, no later than 30 days from the Effective Date. [Or shall terminate on
date]. This Agreement may be extended to accomplish change orders, if
required, upon mutual written agreement of the City and Contractor.
5. Agreement Sum: The total amount of this Agreement is the sum of ($2,958.00) which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Work.
6. Consideration: In exchange for Contractor's performance of the items and responsibilities
identified in the Scope of Work,the City agrees to make payment of the amount identified
as the Agreement Sum.
7. Method of Payment/ Retainage/ Bonding: 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
http://www.Ini.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. Retainage held by the City or in Escrow Account:
Pursuant to RCW 60.26 and 39.08 the City requires a 5 % Retainage be withheld and that
the Contractor will provide a either a Performance and Payment (Contract) Bond on the
City approved form upon execution of the Agreement or waive the payment and
performance bond and instead the City will retain 10%. Payment of the initial 95%will be
made in the next pay cycle of the City 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. (Unless the contractor
waives the payment and performance bond below and opts for a 10% retainage below.)
Contractor must pick one—if contractor does not pick one then 5%with contract
bond is required:
To provide a payment and performance bond (contract bond) in the
amount of 100%of the estimate including taxes with a 5% retainage.
or
To waive a payment and performance bond (contract bond) and instead
the city will retain the remaining 10%will be retained for the purpose of
completion of the project and fulfillment of claims and liens.
N'af.
PAGE 2 OF 8
B. The 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.
C. 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.
D. 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 interests of the City under
the Contract.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless the 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 The 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 The 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 Parties have mutually
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PAGE 3oF8
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 The
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 of The City
will be named as an Additional Insured on a non-contributory primary basis. The City's
insurance policies shall not be a source for payment of any Contractor liability.
E. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before executing the work of this
Agreement.
F. Contractor shall provide the 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 Work 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 Work 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
PAGE 4 OF 8
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,the City 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 Work under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of the City and as a result, shall
not be entitled to any coverage or benefits from the City of Renton. Contractor's relation
to The 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 Work provided to be rendered under this
Agreement, shall be the solely Contractor's obligation and responsibility.
12. City of Renton Business License: The Consultant 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:
http://www.rentonwa.gov/cros/One.aspx?portalld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://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 Work 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,
9 �t
PAGE 5 OF 8
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
The City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of the City 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.
CITY OF RENTON CONTRACTOR
Absco Alarms Inc.
Edward Grube, Tech Supervisor Sheila Millman
1055 South Grady Way 19023 36th Ave W. Suite E
Renton, WA 98057 Lynnwood, WA 98036
Phone: (206) 475-0662 Phone: (425) 771-1166
egrube@rentonwa.gov Sheila.millman@abscosolutions.com
Fax: (425) 771-4422
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 Work 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.
4 .
PAGE 6 OF 8
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 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.
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
prevent either The City 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.
PAGE 7 OF 8
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF RENTON CONTRACTOR
Kelly Be er, C'4 dministrator Sheila Millman, Director of
Administration
1055 South Grady Way Absco Solutions
Renton, Washington 98057
/,3e7 12 I,;
Date Date
Approved as to Legal Form
Shane Moloney
Renton City Attorney
\2Av)\2ir�
Date
Non-standard ABSCO clb 11-4-19
La�soh
PAGE 8 OF 8
ATTACHMENT
A
( (
COMMUNITY SERVICES
DEPARTMENT Renton 0
Sole-Source Authorization
DATE: June 29,2017
TO: Denis Law, Mayor
FROM: Kelly Beymer, Community Services Administrator 0
SUBJECT: Sole-Source Authorization Request for Absco Solutions
Contract
Project
Account: City Wide Security System Upgrades
#316.220031.020.594.18.62.000
Background
Community Services is requesting your authorization for the use of a sole-source contract
with Absco Solutions to provide closed circuit television (CCTV)equipment, upgrades and
installation at various City properties including but not limited to the following.
• Gene Coulon Beach Park
• City Center Parking Garage
• Renton Pavilion Building
• Facilities and Parks Maintenance Shops
• Henry Moses Aquatic Center
Absco has been the city's sole provider for the past four years for outdoor CCTV equipment,
and has provided and installed equipment for the Piazza,the Downtown Core,and Renton
Community Center.They have also provided equipment for the city's installation at various
locations, such as the Senior Activity Center and Meadow Crest Playground.
During this time,the city has received excellent service, industry leading CCTV equipment
and training, and discounted pricing.A sole-source contract will allow Community Services
to hire Absco Solutions to coordinate their work with the park consultants in a timely
fashion.
This CCTV system will match equipment and system viewing in concert with what
Community Services and the Police Department are currently benefiting from.
Absco has previously provided the lowest competitive bid to the city for their first two
contracts with us, and has been a subcontractor to FORMA Construction,one of Renton's
• Job Order Contractors(JOC).Contracting directly with Absco will provide a faster
turnaround,and without the overhead required by the JOC.
As a result,we would like to request you sign below authorizing a sole source with Absco
Solutio .
mtclizult-- 6)//;)4/(2
Denis Law,Mayor Date
City of Renton
c:\users\jminisci\desktop\sole source for cctv.doc
ATTACHMENT A Page 1 of 5
Proposal 19941-1
0)Absco Solutions
Absco Solutions
19023 36th Avenue W.Suite E
Lynnwood,WA 98036
Phone(425)771-1166 City of Renton
Fax(425)771 -4422 Project Proposal for
Web www.abscosolutions.corn
Camera replacement
City of Renton BAC
Prepared for Keith Miner
Phone: 206-503-4056
Prepared By:
DIo Sykes
September 11, 2019
September 11. 2019 City of Renton Page 2 of 5
Proposal 19941-1
This document is intended to describe the Scope of Work proposed to City of Renton 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 be 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 site walk with Keith
Miner.
Overview of Issues/Needs Assessment
City of Renton would like to add a new camera to monitor the breathalizer testing while being performed in the
BAC Room.
Scope of Work/Desired Outcome
Absco Solutions to provide and install One(1)ea. 2MP Outdoor Dome Camera directly to the block wall. If
camera is mounted to obtain a frontal view, conduit, one stick, will be required. If camera is mounted to obtain a
profile view, then less than one foot of conduit will be required. City of Renton will provide any core drilling that is
required. The switch is located less than 200'away from camera location. Utilize the cable pathway that the other
camera utilizes that is also installed in the room.
This proposal utilizes WLS contract#283 pricing.
Absco to Provide and Install the Following:
BAC Room:
-CAM#1: One(1) ea. 2MP Outdoor Dome Camera-Location: Mount directly on wall. Confirm if frontal view or
profile view is prefered prior to mounting camera -View: Breathalizer Test Area.
-One (1)ea. ACC7 Enterprise Camera License
See Terms and Conditions for Additional Information.
Inclusions
• 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.
Absco Solutions 19023 36th Avenue W, Suite E, Lynnwood, WA 98036
Phone (425) 771 - 1166 Fax (425) 771 -4422
September 11, 2019 City of Renton Page 3 of 5
Proposal 19941-1
• Price includes providing the listed labor only. Any additional labor 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.
Exclusions
• Sales Tax excluded -Any applicable state sales tax is not included in the quoted price
• Patching and painting are to be performed by others and are not part of this scope.
• 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.
• 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.
• 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.
•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.
Limitation
•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.
•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.
• Proposal price does not include a Project Bond. Bonding is available at an additional cost. Bonding price varies
depending on contract amount and scope. Failure to disclose any Bonding requirements will be deemed
acceptance of any future change orders for bonding.
• 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.
Price
We propose to provide the above listed Scope of Work for the sum of:
$2,958.00 plus tax
daysq
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.
Absco Solutions 19023 36th Avenue W, Suite E, Lynnwood,WA 98036
Phone(425) 771 - 1166 Fax(425) 771 -4422
September 11, 2019 City of Renton Page 4 of 5
Proposal 19941-1
All equipment provided by Absco Solutions has a warranty of one year from the date of invoice. THIS
WARRANTY EXCLUDES ALL COVERAGE FOR CONSEQUENTIAL DAMAGES AND IS GIVEN IN LIEU OF
ALL OTHER EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF FITNESS, HABITABILITY, OR
MERCHANTABILITY OR OTHERWISE PROVIDED UNDER THE LAWS OF WASHINGTON.
Equipment Schedule
Qty Model Number Manufacturer Description
1 2.00-H4A-DO1-B Avigilon 2.0 Megapixel (1080p) WDR,
LightCatcher, Day/Night,
Outdoor Dome, 3-9mm f/1.3 P-
iris lens, Self-Learning Video
Analytics
1 ACC7-ENT Avigilon
Terms&Conditions
Payment is to be made as follows: TBD Upon Approval of Credit
° -be-applied to ll ast- -inveiees,
•Acceptable forms of payment include checks made payable to Absco Solutions or direct deposit of funds to
Absco Solutions accounts. Payment by MasterCard or Visa plus an additional 3.5% surcharge is available with
prior approval.
0
• Progress billing will be submitted monthly for projects to the customer.
•A signed change order for any change in scope must be received by Absco Solutions prior to scheduling that
scope of work.
Absco Solutions 19023 36th Avenue W, Suite E, Lynnwood, WA 98036
Phone (425)771 - 1166 Fax(425)771 -4422
September 11, 2019 City of Renton Page 5 of 5
Proposal 19941-1
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1-doheceby-,anther+ze-the Statement-of-Work-spee+#icd in t is-deeufent. I a er-stae4-t-he
illeh+siens;-Exxclusions, Limitations, a ve-pfic-es;-speeifi s
arc satisfactory-arid-are-hereb i ill be made OS stated above:
thorized to r y
with-and-abide-by-he-terms-of this agreement.
Printed-Name
Title
Date
Absco Solutions 19023 36th Avenue W, Suite E, Lynnwood. WA 98036
Phone (425)771 - 1166 Fax(425) 771 -4422