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HomeMy WebLinkAboutContractCAG-19-003 CONTRACT AGREEMENT '1 h ! -L- I � r1211- J !� v . t THIS AGREEMENT ("Agreement") is made as of theme— day off (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 cameras and microphones in 2 interview rooms , 2nd floor City Hail 1055 South Grady Way). 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 30 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 7 560.30 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. PAGE 2 OF 6 f. Contractor shall provide Renton with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: a. Contractor, and Contractor's agents, employees, representatives, and volunteers with regard to the services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of 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:/Iwww.Ini.Wa.gov/TradesLicensing/PrevWage/­default.asp. 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. 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. L 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 Kelly Bey er, Ad istrator 4"Go o I � fi'� o,'vJ 1055 South Grady Way 1 `10 Z3 3 t, A,,j,- vJ Renton, Washington 98057 vvk e1$o3(. 0 PAGE 5 Of 6 1-z- 2101 Date Date Approved as to Legal Form Shane Moloney Renton City Attorney t -z za1i Date Non-standard 10/9/18 (562) 0 PAGE 6 of 6 A*aG. ArAC V it March 21, 2018 4 Proposal17341-1 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 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 meeting with Jeff Minisci. Overview of Issues / Needs Assessment the Renton Police Department would like to install an Avigilon 2.00-H4SL-D1 camera with separate microphone in two of the interview rooms. Scope of Work / Desired Outcome Absco will install one Avigilon 2.00-H4SL-D1 cameras looking at the interview with separate microphone recording the conversation. (It will have an off and on switch.) In the second interview room Absco will install one Avigilon 2.00-H4SL-D1 cameras looking at the interview with separate microphone recording the conversation. (It will have an off and on switch.) Also Absco will also install a 6.OL-H4F-D01-IR second camera in the ceiling of the room to provide coverage for the entire room. Absco will run cabling from these cameras to the PoE switch and connect it to the main City's Aviglon system. Absco will use the existing push button to start and stop the recording. Inclusions • 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 the termination of all field devices listed in this proposal. 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 by Absco onsite. • 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 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 providing the listed equipment only. Any additional equipment is to be on a time and material basis. 19023 36th Avenue W, Suite E, Lynnwood, WA 98036 Phone (425) 771 - 1166 Fax (425) 771 - 4422 March 21, 2018 Proposal 17341-1 • Low voltage permits applicable to Absco Solutions' scope listed in this proposal are included in the price. Exclusions • 120 VAC for power to be existing or provided by others. 120 VAC connection to be terminated and permitted by others as required. • 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. • Patching and painting are to be performed by others and are not part of this scope. • 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. • Sales Tax excluded - Any applicable state sales tax is not included in the quoted price • 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. Limitation • 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. • Absco Solutions will be installing IP Network devices as part of this projects. If unrestricted access is granted to these network devices from the internet or other unsecured networks, there is the potential for these devices to be exploited by bad actors on the unsecured network. It is the customer's responsibility to protect these network devices from unsecured networks through the use of firewalls. • 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. • Surge and lightning protection to be provided by others. • Pricing is based on a single onsite trip. Additional trips due to non-Absco Solutions controlled variables shall be billed as separate change orders. Price We propose to provide the above listed Scope of Work for the sum of: $6,873.00 plus tax 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. March 21, 2018 Proposal 17341-1 s(, 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 ,c : 2.0 MP LIGHTCATCHER 2 2.0C-H4SL-D1 Avigilon 2 ACC-MIC Avigilon Omni -directional microphone 3 1 C-ACC5-ENT Avigilon ACC 5 Enterprise HD 0.6 555619-S Windy City Wire CAT5 Plenum 0.2 442340 Windy City Wire 18/4 OAS Plenum - stranded 2 CM-AC-AV101 Avigilon 3.5mm audio and video 1/0 jack with 1.8m fly wire 1 6.0L-H4F-DO1-lR Avigilon H4 Fisheye camera 0 0 • A signed change order for any change in scope must be received by Absco Solutions prior to scheduling that scope of work. 19023 36th Avenue W, Suite E, Lynnwood, WA 98036 Phone (425) 771 - 1166 Fax (425) 771 - 4422 March 21, 2018 ; Proposal 17341-1 PFi. ted Name r-�-rrrtccr-rtvmc Date 19023 36th Avenue W, Suite E, Lynnwood, WA 98036 Phone (425) 771 - 1166 Fax (425) 771 - 4422