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HomeMy WebLinkAboutContractPAGE 1 OF 8 THIS AGREEMENT (“Agreement”) is made as of the 19th day of January,2022, (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 (“City”), Intracommunication Network Systems Inc, (“Contractor/ INSI”), a W a s h i n g t o n a company, who are collectively referred to as the “Parties”, to provide fiber splicing 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 Attachment “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 IT-Cabling AGREEMENT Using State Master Contract #05620/w1165 CAG-2__-_____          2 025 PAGE 2 OF 8 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, on___________________, 2022. 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 $8,777.95 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          March 1st PAGE 3 OF 8 Department of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp 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. B.For limited Public Works Contracts under $35,000 For limited public works projects, the City chooses to waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, for laborers, mechanics, subcontractors, material persons, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project, however the City shall have the right of recovery against the contractor for any payments made on the contractor's behalf. C. 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. D. 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. E. 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          PAGE 4 OF 8 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 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. It is agreed that on Contractor’s commercial general liability policy, the City will be          PAGE 5 OF 8 named as an Additional Insured on a non-contributory primary basis. City’sinsurance policies shall not be a source for payment of any Contractor liability. E. 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. F. 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,atits option,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, 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 City and as a result, shall notbe          PAGE 6 OF 8 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 comply with the Washington State Public Records Act, Contractor shall make a due diligent searchof 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. 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 RecordsActrequestinatimelymanner,unlessthoserecordsareprotectedbycourtorder. 15. Other Provisions: A.Administration and Notices. Each individual executing this Agreement on behalf of          PAGE 7 OF 8 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 noticeormay 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 Paul Rakel 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6876 prakel@rentonwa.gov CONTRACTOR Intracommunication Network System, 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 party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution.          PAGE 8 OF 8 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 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 above. CITY OF RENTON _____________________________ CONTRACTOR Ari Shackell,Project Manager ____________________________ Kristie Rowland Deputy Chief Administrative Officer _____________________________ Date 01-20-2022 _____________________________ Date Approved as to Legal Form _______________________________ Shane Moloney Renton City Attorney Clb 1-21-22 (1817) Non-standard            (approved via email from Cheryl Beyer) 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 0918/INSI 'HFHPEHU &LW\RI5HQWRQ 6*UDG\:D\ 5HQWRQ:$  7KDQN\RXIRUDOORZLQJIntracommunication Network Systems Inc. (INSI)WKHRSSRUWXQLW\WRSURYLGHWKH IROORZLQJTXRWDWLRQWRSURYLGH7HOHFRPPXQLFDWLRQVHUYLFHVIRUWKH&LW\RI5HQWRQ  6FRSHRI:RUN±)LEHU6SOLFLQJ5HQWRQ&LW\+DOOWR&RXORQ3DUN x6SOLFH*UHHQ%XIIHUDQG%URZQ%XIIHU&LW\+DOORQSDWFKSDQHO $3& DW5&+3 x$GGWUD\WRVSOLFHFDVHDW*UDG\:D\6 :HOOV$YH6 x6SOLFH%URZQ%XIIHU&LW\+DOOWR5HG 6WULSH %XIIHU56'&R5RQVSOLFHFDVHDW*UDG\:D\6 :HOOV$YH6 x6SOLFH5HG 6WULSH %XIIHU56'&R5WR5HG 6WULSH %XIIHU&R5-XPSHURQVSOLFHFDVHDW1 VW6W :HOOV$YH1 x9HULI\5HG 6WULSH %XIIHU&R5-XPSHUWR%URZQ%XIIHU&R5WR1WK /RJDQ1RQVSOLFHFDVH DW1VW6W :HOOV$YH1 x9HULI\%URZQ%XIIHU&R5WR1WK /RJDQ1WR%URZQ%XIIHU&R576WR/RJDQ3DUNLQJ *DUDJHRQVSOLFHFDVHDW1WK6W /RJDQ$YH1 x6SOLFH%URZQ%XIIHU&R576WR/RJDQ3DUNLQJ*DUDJHWR%URZQ%XIIHU&R576WR/RJDQ1  16RXWKSRUWRQVSOLFHFDVHDW/RJDQ3DUNLQJ*DUDJH x$GGVSOLFHFDVHDW/DNH:DVK%OYG1 &RXORQ%HDFK'U x6SOLFH%URZQ%XIIHU&R576WR/RJDQ1 16RXWKSRUWWR%OXH%XIIHU&R5WR&2802RQ VSOLFHFDVHDW/DNH:DVK%OYG1 &RXORQ%HDFK'U x$GGQHZUDFNPRXQWDEOHILEHUWUD\WR&2802 x6SOLFH%OXH%XIIHU&R5WR&2802RQSDWFKSDQHO /& DW&2802 o(TXLSPHQWQHHGHG7KUHHILEHUEXONKHDGV WZR606&$3&VLPSOH[RQH60/&83& VLPSOH[ 2QHVSOLFHFDVHWUD\2QHUDFNPRXQWDEOHILEHUWUD\$OOFDEOHVZLOOKRPHUXQEDFN WRWKHDFFHVVFRQWUROSDQHOQH[WWR7HOFRPDLQWHQDQFHURRP x4XRWHLQFOXGHV7UDIILFFRQWURODWDIHZORFDWLRQV x4XRWHLQFOXGHVFXUUHQW3UHYDLOLQJ:DJHUDWHVIRU.LQJ&RXQW\    3ULFLQJ±&LW\RI5HQWRQ±)LEHU6SOLFLQJ   /DERU  0DWHULDOV 7RWDO   ATTACHMENT A          Assumptions of Scope: x,16,ZLOOREWDLQDOOSHUPLWVLIUHTXLUHG x$OOFDEOHSDWKZD\VZLOOEHHDVLO\DFFHVVLEOHDQGIUHHDQGFOHDUIURPDQ\REVWUXFWLRQ x,16,ZLOOFRQGXFWRUDWWHQGWKHDSSURSULDWH6DIHW\2ULHQWDWLRQ0HHWLQJSULRUWRSHUIRUPLQJDQ\ZRUN x$OOZRUNSHUIRUPHGZLOOEHFRPSOLDQWZLWK(,$7,$7HOHFRPPXQLFDWLRQV%XLOGLQJ:LULQJ6WDQGDUGV DQGLQDFFRUGDQFHZLWKDOODSSOLFDEOHHOHFWULFDODQGEXLOGLQJFRGHV x,16,ZLOOWHVWDOOQHZO\LQVWDOOHGZLULQJDQGODEHOLQDFFRUGDQFHZLWK&XVWRPHU,QGXVWU\VWDQGDUGV x$OOZRUNZLOOEHSHUIRUPHGGXULQJQRUPDOEXVLQHVVKRXUV $0±30 0RQGD\WKURXJK )ULGD\:RUNSHUIRUPHGGXULQJKRXUVRWKHUWKDQQRUPDOEXVLQHVVKRXUVZLOOEHELOOHGDWSUHPLXPUDWHV UDWHVFKHGXOHDYDLODEOHRQUHTXHVW ,16,DQG&XVWRPHUPXVWDSSURYHLQZULWLQJDOO³RIIVKLIW´RU SUHPLXPWLPHZRUN x&KDQJH2UGHU,IFKDQJHVDUHUHTXLUHGGXULQJWKHFRXUVHRIWKLVSURMHFWDFKDQJHRUGHUZLOOEHSURYLGHG DQGZRUNZLOOFRQWLQXHXSRQDSSURYDORIVXFKFKDQJHRUGHU x:DUUDQW\,16,ZDUUDQWVWKHZRUNSHUIRUPHGE\,16,DJDLQVWGHIHFWVLQPDWHULDOVDQGZRUNPDQVKLSIRU DSHULRGRI\HDUIURPWKHGDWHRIFRPSOHWLRQSURYLGHGDQ,16,WHFKQLFLDQSHUIRUPVDOODGGVPRYHV DQGFKDQJHVGXULQJWKHZDUUDQW\SHULRG x$FFHVVZLOOEHSURYLGHGLQDWLPHO\PDQQHUWRDOOIDFLOLWLHVZKHUHZRUNLVUHTXHVWHG'HOD\VDQGRU LQWHUUXSWLRQVUHVXOWLQJIURPODFNRIDFFHVVPD\UHVXOWLQDGGLWLRQDOFKDUJHV  Exempt from Scope: x0'),')3DWFK&RUGV8QNQRZQTXDQWLWLHVDQGOHQJWKV x8QIRUHVHHQFLUFXPVWDQFHVDQGKLGGHQRUQRWUHDGLO\DSSDUHQWFRQGLWLRQV x&DEOHSDWKZD\VRWKHUWKDQDVGHILQHGLQWKH6FRSH Terms and Conditions: x$XWKRULW\IRUWKLVSURMHFWLV,16'(6&RQWUDFW1XPEHU,16,DQGD'(60DVWHU&RQWUDFW $GPLQLVWUDWLYH)HHRIZLOOEHDVVHVVHGRQWKHWRWDOSXUFKDVHSULFH x3D\PHQW7HUPV0DWHULDODQGPRELOL]DWLRQIHHVZLOOEHLQYRLFHGXSRQDFFHSWDQFHRISURSRVDO3URJUHVV LQVWDOODWLRQLQYRLFHVZLOOEHVXEPLWWHGPRQWKO\ZLWKILQDOLQYRLFHVXEPLWWHGXSRQFRPSOHWLRQDQG DFFHSWDQFH1HWGD\V2YHUGXHDFFRXQWVVXEMHFWWRPRQWKO\VHUYLFHFKDUJH x,16,VKDOOQRWEHOLDEOHIRUGDPDJHVWRPDWHULDOVRUERGLO\LQMXU\DULVLQJIURPFDXVHVEH\RQGLWV UHDVRQDEOHFRQWURO x7KHVHSULFHVDUHJRRGIRUDSHULRGRIGD\VGXHWRVXSSO\FKDLQLVVXHV x7KLVELGLQIRUPDWLRQLVFRQILGHQWLDODQGSURSULHWDU\IRUXVHRQO\E\&XVWRPHU DQG,16,          3OHDVHVLJQLI\DFFHSWDQFHRIWKLVSURSRVDOE\VLJQLQJDQGUHWXUQLQJWR,16,,I\RXKDYHDQ\TXHVWLRQVSOHDVH FRQWDFWPHDW   6LQFHUHO\   $UL6KDFNHOO3URMHFW0DQDJHU ,QWUDFRPPXQLFDWLRQ1HWZRUN6\VWHPV,QF ,16,  $FFHSWDQFHRI3URSRVDO )LEHU6SOLFLQJ5HQWRQ&LW\+DOOWR&RXORQ3DUN 3URMHFW1DPH             BBBBBBBBBBBBBBBBBBBBBBBBBBBBB  BBBBBBBBBBBBBBBBBBBBBBBBBBB  &XVWRPHU6LJQDWXUH'DWH        BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBB  3ULQW1DPH7LWOH2UGHU1R            !      DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 27 (Rev. 2021-06-18) EXHIBIT A INCLUDED GOODS/SERVICES IT CABLING – CATEGORY 1 – IT CABLING & INSTALLATION Intracommunication Network Systems, Inc. dba INSI will provide contract services in the following regions and subcategories: Region Sub Category North Puget Sound Inside Outside Olympic Inside Outside Southwest Inside Outside South Central Inside Eastern Inside North Central Inside DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 28 (Rev. 2021-06-18) Solicitation NO.: 05620- IT Cabling Category 1- Services and Installation BIDDER: Intracommunication Network Systems Inc. (INSI) Exhibit B - Category 1 Performance Requirements (Revised 7.30.21) Scope: Information technology (IT) cabling goods and services for new and previously installed Local Area Networks (LANs) and Wide Area Networks (WANs) and other voice, data, or video systems. For purposes of this Competitive Solicitation, IT cabling is defined as including outside aerial and underground cables and inside riser, distribution, and station cabling. Copper twisted pair, coaxial cable and fiber-optic cables and other types of low- voltage signaling cables installed within buildings or campus environments also are included in the scope of this Competitive Solicitation. This category includes Inside and Outside work, and all parts and materials required to complete the service and installation. Inside work involves IT cabling installation in new buildings, major renovated buildings and additions to existing cabling networks. Outside work will be for inter-building connectivity. Outside work may include digging and trenching as well as installing cabling. Instructions: 1. Review Requirements. 2. Review Priority and the provided definitions: • “MANDATORY”: Bidder response must comply with the requirement and the Bidder’s response will be evaluated on a "Pass/Fail" basis. Selecting "Fully Meets" for mandatory requirements will be considered "Pass". All other responses will be considered "Fail". • "MANDATORY SCORED": Bidder response will be evaluated and assigned a score based on how well Bidder’s response meets the requirement. Maximum points possible is 10 points for each requirement. Not meeting any of the requirements will be evaluated as a “Fail”. • “HIGHLY DESIRABLE": Bidder response will be evaluated and assigned a score based on how well Bidder’s response meets the requirement. Maximum points possible is 5 points for each requirement. Highly Desirable Requirements support necessary purchaser operations and the Bidder response is less effective if such requirements are not met. 3. How Bidder Meets Requirements: • Select and indicate using the pulldown button if bidder Fully Meets, or Does Not Meet a requirement in How Bidder Meets Requirement column. 4. Written Response: • Bidder must respond in the Written Response column for every requirement that indicates a "Written Response Required”. • Bidders are asked to explain how they meet the requirement, and may also express specific exceptions and list any alternative certificates, licenses or qualifications for requirements not specifically met. • Evaluators will consider the totality of Bidders’ experience or alternative qualifications in scoring Bidder responses. • All requested certifications/documentation required for Exhibit B must be titled: "ExhibitB1.filename.filetype", for example, Exhibit B1.certification.pdf" 5. Attachments: • Only attachments that are requested/required in the Written response column, will be considered in evaluation. • NO attached or additional information outside of those required attachments will be evaluated. • All written response answers MUST be included inside this document to be considered for evaluation. 6. Outside Work: • If Bidder is submitting proposal for Inside Work AND Outside Work, they must complete all sections marked with * for Outside work. • Bidders who only wish to submit a bid for Inside Work do NOT need to complete sections marked with *. Limited responses may receive lower scoring than those that demonstrate understanding and mastery of the subject matter. Outside Work Req ID Category Functional Requirements Priority How Bidder Meets Requirement Written Response 1.0 Gen. GENERAL BIDDER REQUIREMENTS: 1.1 Gen. The Bidder must furnish all necessary labor, supervision, tools, materials, and testing required to complete the project as specified in each Purchase Order or Statement of Work (SOW) entered into with a Purchaser under the Master Contract. MANDATORY Fully Meets 2.0 Stds. Comp. STANDARDS COMPLIANCE: DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 29 (Rev. 2021-06-18) 2.1 Stds. Comp. All work and materials covered by this Solicitation and resulting Master Contract(s) shall be performed in compliance with Chapter 19.28.410 Revised Code of Washington, Chapter 296-46B-010 Washington Administrative Code, and the most current versions of the following mandatory standards: • NFPA-70 National Electrical Code • ANSI\TIA\EIA 568 series, Commercial Building Telecommunications Cabling Standard • ANSI\TIA\EIA 569-E , Commercial Building Standard for Telecommunications Pathways and Spaces, o Ex. Pathways, Work area outlets, Patch panels, Racks and cabinets, Ports, Grounding, busbars, Cabling, Firestop locations, Telecommunications space, Data center room grid • ANSI\TIA\EIA 606-C Commercial Building Telecommunication standard for Labeling • ANSI-J-STD-607-C, Commercial Building Grounding (Earthing) and Bonding Requirements for Telecommunications • ANSI\EIA\TIA 862-B Structured Cabling infrastructure Standard for Intelligent building Systems (Building Automation standard) • ANSI\EIA\TIA 942-B Telecommunications standard for Data centers • OSHA/WISHA Construction and safety standards Any additional codes/standards required under a Purchaser’s Purchase Order/SOW or by state or federal regulation. Bidder will be held responsible for compliance with the most recent versions of the specified codes/standards/regulations and any revisions or updates. Should conflicts arise with the foregoing, the Department of Enterprise Services will have responsibility for making final interpretation. MANDATORY Fully Meets Written Response Required. List all sizes that you offer. 3.0 Cert. CERTIFICATION: 3.1 Cert. COMPANY CERTIFICATIONS. Bidder must maintain certification from the Manufacturer(s) that provides structured cabling system twenty-five (25) year or more warranties as identified in Bidder’s response to this RFQQ. Written Response Required. List the Manufacturer(s) Certifications you maintain that meet this requirement. MANDATORY SCORED Fully Meets INSI maintains certification from the following Manufactures, all of whom provide a 25 year or more warranty on their structured cabling systems. Commscope Uniprise (AMP) / Leviton / Belden / Corning 3.2 Cert. COMPANY CERTIFICATIONS. The Bidder response must provide documentation that the company is certified by at least one (1) manufacturer that provides structured cabling-system 20-year-or-more warranties in Washington state. For example: • Commscope (Systimax) Ortronics, Inc. (Certified Installer-Plus Program); • AMP (Netconnect Design and Installation Program); • Leviton (Certified Cabling System); • Belden (IBDN). These manufacturers are examples only – the list is not all-inclusive. Written Response Required. Bidder must identify the certified warranty manufacturer and provide a photocopy of said certification(s).If Bidder has more than one manufacturer certification, please submit any additional certifications. MANDATORY SCORED Fully Meets INSI maintains certification from the following Manufactures, all of whom provide a 20 year or more warranty on their structured cabling systems. Commscope Uniprise (AMP) - Solution Provider, Certified Member Leviton - Premier Network Installer, Certified Member Belden - Partner Alliance Installer and Integrator, Certified Memeber Corning - Network of Preferred Installers, Certified Memeber 3.3 Cert. COMPANY CERTIFICATIONS. Bidder must have employed staff or subcontractors that meet the certification criteria for installation for each Manufacturer upon which award of this Master Contract is predicated. MANDATORY Fully Meets 3.4 Cert. COMPANY CERTIFICATIONS. Bidder installation personnel that work onsite must have International, or Manufacturer certification in accordance with industry standards and best practice methodologies and must be proficient with the installation and termination of all equipment that is to be installed onsite. Upon request Bidder will furnish a copy of such certification to Purchaser or DES. MANDATORY Fully Meets DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 30 (Rev. 2021-06-18) 3.5 Cert. EMPLOYEE CERTIFICATION/TRAINING. Any person working on the installation or maintenance of purchaser-owned equipment must be manufacturer-certified by the equipment manufacturer, to maintain a manufacturer warrantied solution. Manufacturer Certification is defined as attendance and successful completion of certification-requirement training within a manufacturer’s program. Any person working on the installation or maintenance of purchaser-owned equipment that does NOT have a new or existing manufacturer warranty, must be international professional telecommunications society certified [ex. Bicsi (Building Industry Consulting Services International), TIA (Telecommunications Industry Association), ETA International, FOA (The Fiber Optic Association)]. Certificates for all persons working on the installation or maintenance of purchaser- owned equipment must be submitted to Purchaser with a quote or Statement of Work (SOW) BEFORE starting any work. Written Response Required. MANDATORY SCORED Fully Meets INSI employees are certified and trained through the following manufacture training programs, which is a requirement to remain in good standing and active within their ceritified installer programs. Commscope Uniprise - Online training is available year round. INSI obtains an annual subscription that allows for unlimited training sessions for all of our staff. Leviton - In-person training is typically offered bi-annually (COVID has restricted this). Technician certifications expire after 4 years, so our technicians are rotated through accordingly. Belden - In-person training is made available upon request, and this is done annually if need be. Corning - Corning offers training webinars, and a mandatory viewing a percentage of them is required for maintaining installer certification. Technicians are also trained additionally and separately certified through FOA courses. 3.6 Cert. FIBER OPTIC CERTIFICATION. Please describe any certification/training by the Fiber Optic Association (FOA) or any qualified Industry training certification organization(s) specifically for fiber-optic or premises cabling. Written Response Required. Attach copies of any Fiber Optic or premises certifications. HIGHLY DESIRABLE Fully Meets We try to send our Journey Level technicians to fiber training every few years. COVID has made in person training difficult, so many classes have not been available recently. Dwayne Hall - Light Brigade Advanced Fiber Optics Certification Joe Schafer - Light Brigade Advanced Fiber Optics Certification 4.0 Lic & Staff LICENSING AND STAFFING: 4.1 Lic & Staff. PROJECT MANAGER: Bidder must assign a project manager for each Purchaser project. Purchaser must have approval rights over the project manager, or any replacements thereof. The project manager must be the principal point of contact for Purchaser and must coordinate Bidder’s activities. The project manager must produce and maintain a complete plan for all Bidder-related activities concerning the Purchaser’s order document/statement of work. Written Response Required. Provide the name(s) and a brief description of experience for key personnel who might perform the job of Bidder Project Manager. MANDATORY SCORED Fully Meets Ari Shackell - INSI Project Manager since 1995, extensive work with School Districts, Thurston County and numerous DES projects state wide. Larry Howser - INSI Project Manager since 1996, extensive work with School Districts, Olympic College, Franciscan Health, Goodwill, and the YMCA. Justin Reinvik - INSI Project Manager since 2015, extensive work with Shool Districts, Green River College, City of Tacoma, Pierce County, the VA Hospital and various DES projects. Erik Olson - INSI Project Manager since 1986, extensive work with Pierce County over the last 20 years. 4.2 Lic & Staff. ELECTRICIANS. Bidder must have employed staff or subcontractors that meet the Licensed Electricians licensing requirements of chapter 19.28 RCW. MANDATORY Fully Meets 4.3 Lic & Staff. ELECTRICIANS. Bidder must have at least one (1) employed staff or subcontractor that holds certificates of competency as at least a Journey Level Electrician per requirements of RCW 19.28.161. Written Response Required. Provide the name(s) of any such person(s) and photocopy(s) of certificate(s). MANDATORY SCORED Fully Meets • Subcontractors: Randy Edmonds (EL01) / Rodman Widing (EL01) 4.4 Lic & Staff. REGISTERED COMMUNICATIONS DISTRIBUTION DESIGNERS. Bidder must maintain one or more full- time Registered Communications Distribution Designers (RCDD) on staff. A subcontractor cannot fulfill this requirement. Written Response Required. List Name of RCDD, status (part-time, or full-time) and years of experience. Describe a job where an RCDD provided a design for your business in Exhibit D1 Work History by Region. Attach photocopies of all certificates for RCDD(s). HIGHLY DESIRABLE Fully Meets Larry Howser (full-time) - Larry has oversite on all of our project designs of which he reviews and confirms code compliance. Michael Schnabel (part-time) - Mike designed the Structured Cabling System for Klahowya Elementary School, that was completed in 2018. He designed the Cat 6A pathways to be compliant with cable bend and support requirements while staying within the on hundred meter cable length requirement. The design also incorporated purpose manufactured fire barrier penetrations and the design of the primary cable support system. 4.5 Lic & Staff. TELECOMMUNICATIONS ADMINISTRATORS. Bidder must employ at least one (1) individual who possesses a Telecommunications Administrator certificate that meets the requirements of RCW 19.28.430. Written Response Required. Provide the name of such person(s) and photocopy(s) of certificate(s). HIGHLY DESIRABLE Fully Meets Erik Olson * 5.0 Ungd & Aerial (OUT) UNDERGROUND AND AERIAL EXPERTISE – OUTSIDE CATEGORY ONLY: DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 31 (Rev. 2021-06-18) * 5.1 Ungd & Aerial Bidders must employ staff or subcontractors with expertise and equipment to conduct outside plant projects that are underground or aerial. Written Response Required. Provide a list of key outside plant employees or subcontractors and a brief description of their experience with outside plant projects. MANDATORY SCORED Fully Meets INSI uses the expertise of Rainier Valley Construction and Midnight Mountain Communications as subcontractors for our OSP projects. Rainier Valley Construction has been superb in the completion of these projects in the recent past. Underground Work: WSDOT - Vancouver - Installation of 2" Conduit via "directional boring", and placement of new vault. City of Olympia - Installation of 2" Conduit via "directional boring" under I-5. City of Olympia - Installation of 2" Conduit via "directional boring" down 6 blocks of 4th Ave. Midnight Mountain has been superb in the completion of these projects in the recent past. Aerial work: WSDOT - Mukilteo Ferry - 48 strand fiber installation from ferry terminal to Paine Field Blvd. WSDOT - Bothell - Installed messenger and 24 strand fiber from 196th to 164th per SNO PUD requirements. City of Olympia - Installation of messenger cable and 12 strand fiber from Woodland Park to Olympia Maintenance Center. 6.0 PO/SOW PURCHASE ORDERS/ STATEMENT OF WORK (SOW) 6.1 PO/SOW ORDERING REQUIREMENTS. Eligible Purchasers shall order goods and/or services from any resulting Master Contract, consistent with the terms hereof and by using any ordering mechanism agreeable both to Bidder and Purchaser but, at a minimum, including the use of a Purchase Order, or Statement of Work (SOW). When practicable, Bidder and Purchaser also shall use telephone orders, email orders, web-based orders, and similar procurement methods (collectively “Purchaser Order”). All order documents must reference the Master Contract number. The terms of any resulting Master Contract shall apply to any Purchase Order or SOW and, in the event of any conflict, the terms of the resulting Master Contract shall prevail. Notwithstanding any provision to the contrary, in no event shall any ‘click-agreement,’ software or web-based application terms and conditions, or other agreement modify the terms and conditions of any resulting Master Contract. MANDATORY Fully Meets 6.2 PO/SOW PURCHASE ORDERS/STATEMENT OF WORK (SOW). Bidder shall, in accordance with all terms and conditions of this Master Contract, fully perform and shall be obligated to comply with all Purchase Orders/SOW received by the Bidder prior to the expiration hereof, unless otherwise directed in writing by the Contract Administrator, including, without limitation, all Purchase Orders/SOW received prior to but not fully performed and satisfied at the expiration of this Contract. MANDATORY Fully Meets 6.3 PO/SOW CHANGE ORDERS: All modifications, additions or revisions to the Purchase Order/SOW MUST be agreed to, and must be approved by Purchaser in writing before proceeding with any additions or revisions to services or materials provided by Bidder. MANDATORY Fully Meets 7.0 Ste Seq & Access SITE SECURITY AND ACCESS: 7.1 Ste Seq & Access While on Purchaser’s premises, Bidder, its agents, employees, or subcontractors must conform in all respects with physical, fire, and security regulations. Bidder understands that all Purchaser’s building entrances are controlled for access. Bidder agrees to become familiar with Purchaser’s building and security policies, and further agrees to observe and comply with all Purchaser’s building and security policies or procedures. Bidder understands that in order to obtain access to Purchaser’s premises, Bidder must be issued a security badge by Purchaser. Bidder must provide certain personal information, including valid government issued photo identification, prior to obtaining a security badge. Bidder further understands that Purchaser will collect and retain such personal information for so long as the contract is in effect and such individual(s) has access to the premises. Purchaser reserves the right to deny an application for a security badge. Failure of Bidder to comply with Purchaser’s security and safety policies and procedures is sufficient grounds for revoking, modifying, suspending or terminating access to Purchaser’s facilities. MANDATORY Fully Meets DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 32 (Rev. 2021-06-18) 8.0 Ship & Risk of Loss SHIPPING AND RISK OF LOSS: 8.1 Ship & Risk of Loss SHIPPING. Bidder must ship all materials purchased pursuant to this Contract, freight prepaid, FOB Purchaser’s destination. The method of shipment must be consistent with the nature of the materials and hazards of transportation. MANDATORY Fully Meets 8.2 Ship & Risk of Loss RISK OF LOSS. Regardless of FOB point, Bidder agrees to bear all risks of loss, damage, or destruction of the materials ordered hereunder that occurs prior to Acceptance, except loss or damage attributable to Purchaser’s fault or negligence; and such loss, damage, or destruction must not release Bidder from any obligation hereunder. After Acceptance, the risk of loss or damage must be borne by Purchaser, except loss or damage attributable to Bidder’s fault or negligence. MANDATORY Fully Meets 9.0 Const. Coord. CONSTRUCTION COORDINATION: 9.1 Const. Coord. Coordinating With Purchaser. The Bidder is responsible for coordinating with the Purchaser for specific needs or requirements such as facility access, security, and work hours. Bidder must coordinate with Purchaser to schedule project work to allow maximum access to the Bidder while minimizing disruption of Purchaser’s business. Accordingly, the Bidder will frequently be required to work after normal business hours (Monday through Friday, 8 a.m. to 5 p.m.) and on weekends. MANDATORY Fully Meets 9.2 Const. Coord. NEW CONSTRUCTION. When the project is for new construction or renovation, the Bidder must coordinate with the Purchaser’s project manager to ensure that all work is performed in coordination with ongoing construction activities in such a manner as to cause the least possible disruption to other Bidders, finished surfaces, and facilitate the most efficient method for completion of the work. MANDATORY Fully Meets 9.3 Const. Coord. SAFETY REQUIREMENTS. Bidder must observe and comply with OSHA/WISHA regulations, all applicable safety and environmental laws and regulations, and all Purchaser’s rules, guidelines, policies and procedures relating to safety, workplace conditions, health and the environment, including physical, fire, evacuation, accidents, hazardous materials or situations, or other safety regulations and policies during all work operations. OSHA/WISHA guidelines and rules must be followed and Bidder’s adherence is subject to review by the State. · All debris generated by the Bidder must be picked up and lawfully disposed of at the conclusion of each work day. · Hallways must be kept free of debris, scaffolds, etc., during peak use. · Traffic control devices, safety barricades, and other such devices must be utilized where necessary. · Where performing work at a construction site, the Bidder will be required to abide by the Purchaser's primary Bidder's additional safety requirements. · Whenever project requires Bidder to transit a firewall, the Bidder must meet all codes and requirements for proper fire-stop materials and methods MANDATORY Fully Meets DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 33 (Rev. 2021-06-18) 9.4 Const. Coord. DELIVERY AND STORAGE. · Bidder must be responsible for making the arrangements for delivery, unloading, and storage of materials for each project. · Purchaser will assume no responsibility for receiving any materials shipped to Purchaser’s facility by or on behalf of the Bidder. · No storage area will be available at Purchaser’s facility for long-term storage of Bidder’s materials or supplies unless so stated in the Purchaser’s SOW. · If providing any storage for the convenience of the Bidder, the Purchaser assumes no responsibility for any items that may be lost, stolen, damaged, or destroyed, and will not take possession of or title to any items prior to installation and Acceptance. · All materials purchased under this Contract must be completely installed and ready to begin Acceptance Testing within the time period specified in the Purchase Order or SOW after Bidder’s receipt of an Order. Extensions will be granted at the sole option of the Purchaser. Time is of the essence with respect to delivery and Bidder may be subject to liquidated damages or termination of a Purchase Order/SOW or of this Master Contract and/or other damages available under law for failure to deliver on time. · All deliveries made pursuant to this Contract must be complete. Unless Bidder has obtained prior written approval from Purchaser, which must not be withheld unreasonably, incomplete deliveries or backorders will not be accepted. All packages must be accompanied by a packing slip that identifies all items included with the shipment and the Purchaser’s Purchase Order/SOW number. Bidder’s delivery receipt must be signed by an authorized representative of Purchaser for all deliveries made hereunder. MANDATORY Fully Meets 9.5 Const. Coord. Pathway Access. The Bidder will be responsible for providing equipment necessary to access the vertical and lateral pathways to place specified cables and support work. MANDATORY Fully Meets 9.6 Const. Coord. Care Of Purchaser Facilities And Equipment. The Bidder is responsible for replacing, restoring and/or bringing to original condition all floors, ceilings, walls, furniture, grounds, pavement, utilities, etc. damaged by Bidder’s personnel and operations. The Bidder is responsible for care of the Purchaser’s affected equipment during installation/maintenance. The Bidder must notify the Purchaser if additional equipment is needed to complete the project. The Bidder is responsible for modifying, as needed, existing Equipment to ensure compatibility with any new Equipment being installed. MANDATORY Fully Meets 9.7 Const. Coord. Permits. The Bidder is responsible for obtaining applicable permits, unless otherwise specified by the Purchaser. MANDATORY Fully Meets 9.8 Const. Coord. Performance Bonds. The Bidder is responsible for obtaining performance bonds when required by the Purchaser. MANDATORY Fully Meets 9.9 Const. Coord. Hazardous Materials Remediation. It is the Bidder’s responsibility to meet all state/federal rules and regulations pertaining to the presence of asbestos or other hazardous materials. Purchaser does not contemplate work in any area that contains hazardous materials, unless specified in writing in the SOW. Bidder must cease all work in any area where hazardous materials are discovered and must immediately notify Purchaser in writing. The Purchaser must be responsible for determining the disposition of hazardous materials identified by the Bidder. MANDATORY Fully Meets 9.10 Const. Coord. Removal of Old Cabling. Upon Purchaser request in SOW/Work Order, Bidder must be responsible for removing old cabling while installing new. MANDATORY Fully Meets * 10.0 Const. Coord (OUT) CONSTRUCTION COORDINATION (Additional)- Outside Work Bidders Only: * 10.1 Const. Coord (OUT) Utilities. The location of all existing buried facilities must be located and marked prior to any digging by the Bidder. The Bidder must be responsible for damage to any existing buried utilities. MANDATORY Fully Meets * 10.2 Const. Coord (OUT) Aerial Placement. The Bidder must utilize standard industry hardware to attach aerial cable at pole locations (strand vices, guy hooks, cable suspension clamps, corner suspension clamps, etc.) MANDATORY Fully Meets DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 34 (Rev. 2021-06-18) * 10.3 Const. Coord (OUT) Equipment. All gas/diesel motorized equipment must have proper mufflers and meet any other environmental/safety requirements. MANDATORY Fully Meets * 10.4 Const. Coord (OUT) Trenching/Digging/Boring. Any trenching/digging/boring sites must be backfilled to contours and elevations of undisturbed surrounding terrain. Sidewalks restoration must match the sidewalk being removed. Driveway and roadway restoration must match the driveway and/or roadway being removed. To the extent necessary trench excavation must meet the requirements of RCW 39.04.180. MANDATORY Fully Meets * 10.5 Const. Coord (OUT) Work In Maintenance Holes. Before work commences in conduit system maintenance holes, the Bidder must follow industry standards and WA State Regulations (WAC 296-809 – Confined Spaces) for atmospheric testing, ventilation, barricading and signage of each manhole that will be entered by the Bidder as applicable. Bidder must maintain proper ventilation throughout the work process. MANDATORY Fully Meets * 10.6 Const. Coord (OUT) OutSide Plant (OSP) Optical Fiber Construction. All optic fiber cables utilized for outside plant applications must be suitable for outside use between buildings in a campus environment. It must be suitable for runs in buried conduits and aerial runs. The outer jacket must be smooth and free from holes, blisters, splits, and other surface flaws. MANDATORY Fully Meets 11.0 Doc. DOCUMENTATION: 11.1 Doc. The Bidder must prepare and maintain records in accordance with the State and Purchaser’s documentation requirements. If the Purchaser has a cabling management system, the Bidder is responsible for working with the Purchaser’s cabling management personnel to provide a format compatible with this system. For remodeling projects, the Bidder is responsible for updating appropriate records. MANDATORY Fully Meets 11.2 Doc. AS-BUILT DRAWINGS. Bidder must maintain a working copy of an as-built drawing of the Bidder’s current project that shows the progress/changes of the work completed and the location of all the cabling, outlets, etc. This working document must be updated as often as specified in the Purchase Order/SOW. MANDATORY Fully Meets 11.3 Doc. In addition, the Bidder may be required to provide up to three (3) complete sets of as-built drawings following project completion. These drawings must, at a minimum, show all distribution cable runs utilized, number of pairs added, all distribution frames affected, and the location of all instruments and outlets installed. All outlets must be physically labeled according to Purchaser specifications and these labels must be used in the as-built drawings to indicate outlet locations. All voice and data cable paths and terminations must be coded according to the Purchaser’s requirements. The Purchaser is responsible for providing the Bidder with building plans that will be used to prepare the as-built drawings. MANDATORY Fully Meets 11.4 Doc. TESTING DOCUMENTATION. Bidder must provide the results of all testing done on installed cable to the Purchaser, in either hard copy or by email, as directed by the Purchaser. MANDATORY Fully Meets 11.5 Doc. LABELING. Labeling of jacks, wiring, panels, cross connect blocks and any other installed items that would regularly be labeled, is required for all installations, and must comply with the labeling requirements of EIA/TIA 606-CB unless otherwise specified by the Purchaser. As-built drawings are to reflect this labeling methodology. MANDATORY Fully Meets 11.6 Doc. Labeling must be permanent and legible. Labeling must be installed at cabling points identified within the specifications in the RFQQ and Purchase Order/SOW. Unless specified differently by Purchasers, all cable labels must comply with the labeling requirements of EIA/TIA 606-B. MANDATORY Fully Meets 11.7 Doc. Bidder must work with Purchaser to identify and flag/label abandoned cable that is available to be used at a future date. MANDATORY Fully Meets 12.0 Compat & Specs MATERIAL COMPATIBILITY, SPECIFICATIONS AND CONFIGURATIONS: 12.1 Compat & Specs Bidder must be responsible to notify Purchaser of the existence of any compatibility issues between Bidder’s materials and Purchaser’s already existing or planned for hardware, software or cabling. Purchaser will provide Bidder access in a timely fashion to necessary areas and equipment sites and must provide Bidder with a list of any existing or planned for hardware, software and cabling, as necessary. MANDATORY Fully Meets DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 35 (Rev. 2021-06-18) 12.2 Compat & Specs Materials delivered hereunder will conform to that item’s detailed specifications in all respects including, but not limited to; physical characteristics, operating characteristics, space requirements, power requirements, maintenance or warranty characteristics, modularity, compatibility, and the like, as may be modified in writing and agreed to by the parties. MANDATORY Fully Meets 13.0 Inst. & Set Up INSTALLATION AND SET-UP: 13.1 Inst. & Set Up Bidder must separately itemize all installation and physical requirements for materials as listed below: • Ventilation or Air conditioning • Electrical requirement • Special grounding • Cabling requirement • Weight (floor loading) • Space requirements • Humidity and temperature limits • Noise level MANDATORY Fully Meets 13.2 Inst. & Set Up When installing materials, Bidder will provide, at no additional charge: • A written installation support plan and schedule addressing staffing, site preparation requirements, resource allocation, testing procedures. • Site surveys. • Station reviews to identify user requirements. • An on-site Manufacturer certified technician during and after the Project until the Materials operate properly. MANDATORY Fully Meets 13.3 Inst. & Set Up Bidder installation personnel that work onsite must have International, or Manufacturer certification in accordance with industry standards and best practice methodologies and must be proficient with the installation and termination of all equipment that is to be installed onsite. Upon request Bidder will furnish a copy of such certification to Purchaser or DES. MANDATORY Fully Meets 13.4 Inst. & Set Up Purchaser must have access to the work site at all times during installation. MANDATORY Fully Meets 13.5 Inst. & Set Up Purchaser must prepare the environment to house the Materials based upon written requirements provided by Bidder in its installation plan, as modified in writing and agreed to by the parties. Bidder’s specialists must be available to provide required consultation related to environment preparation at no extra cost to Purchaser apart from the costs presented in Bidder’s Response. Any requirements for the environment not disclosed in Bidder’s installation plan will be completed by Bidder at no additional cost to Purchaser. Purchaser will provide standard commercial power. Bidder must install an external, Manufacturer recommended surge protector between the power source and each major system. MANDATORY Fully Meets 13.6 Inst. & Set Up Bidder must be responsible for acquiring any required permits. MANDATORY Fully Meets 13.7 Inst. & Set Up Bidder must replace, restore and/or return all floors, ceilings, walls, grounds, pavement, etc., damaged by Bidder personnel to their original condition at no additional cost to Purchaser. MANDATORY Fully Meets 13.8 Inst. & Set Up All debris generated by Bidder must be picked up and lawfully disposed of at the conclusion of each work day. Hallways must be kept free of debris, scaffolds, etc., during peak use. Traffic control devices, safety barricades, and other such devices must be utilized where necessary. MANDATORY Fully Meets 13.9 Inst. & Set Up Bidder is hereby notified that fiber optic, communications, control systems, and other types of cable (collectively called “cabling”) may be located within or on Purchaser's grounds and facilities. MANDATORY Fully Meets 13.10 Inst. & Set Up Before beginning work on or about Purchaser's premises, Bidder must contact Purchaser’s communications network control center to determine if Purchaser’s cabling systems will be impacted and to make necessary arrangements. Prior to the commencement of any work that may impact underground utilities not owned by Purchaser, Bidder agrees to notify affected owners under the requirements of chapter 19.122 RCW, Underground Utilities. MANDATORY Fully Meets DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 36 (Rev. 2021-06-18) 13.11 Inst. & Set Up Purchaser hereby permits Bidder to interface with such cabling and design engineering systems in support of the delivery of the Materials and Services ordered under this Master Contract. MANDATORY Fully Meets 13.12 Inst. & Set Up Bidder must install the materials, with all features, options, parts and wiring ordered by Purchaser, ready for Acceptance Testing, on or before the Installation Date(s) specified in the Purchase Order/SOW. Failure to meet the Installation Date(s) may subject Bidder to liquidated damages or termination of a Purchase Order or of this Master Contract and damages available under law, unless such failure is caused by acts or omissions of Purchaser. MANDATORY Fully Meets 13.13 Inst. & Set Up After installing the materials, Bidder must provide Purchaser with documentation of a successful system audit using Bidder’s diagnostic routines, as approved by Purchaser, demonstrating that the materials meet or exceed the Specifications. Bidder must certify to Purchaser in writing that the materials are ready for Acceptance Testing. If after reviewing such documentation Purchaser agrees that the materials are ready for Acceptance Testing, Purchaser must begin Acceptance Testing, as set forth in the section titled Standard of Performance and Acceptance. MANDATORY Fully Meets 14.0 Std Perf & Acc. STANDARD OF PERFORMANCE AND ACCEPTANCE: 14.1 Std Perf & Acc. This section establishes a Standard of Performance that must be met before Acceptance. This Standard of Performance is also applicable to any additional, replacement, or substitute materials and any materials that are modified by or with the written approval of Bidder after having been accepted. MANDATORY Fully Meets 14.2 Std Perf & Acc. MATERIALS TESTING. All installation, wiring, and cabling requirements identified in the Purchase Order/ SOW must be satisfied. All materials must be tested, functional and certified, based on ANSI/TIA/EIA installation standards and best practices and be approved by the Purchaser and/or Purchaser’s on-site coordinator prior to acceptance for payment. Minimum testing of copper cable is to include Wire Map, continuity, NEXT and attenuation in accordance with the most current ANSI/TIA/EIA-568 standard. Minimum testing for fiber cable is to include testing the attenuation and Optical Return Loss of the installed cable plant to meet TIA standard loss levels. This will be accomplished by providing passing test results from the following test equipment an optical loss test set (OLTS)(Tier 1 test) and an Optical Time Domain Reflectometer (OTDR) (Tier 2 test). Complete test results whether they be for copper or fiber will be provided digitally for each terminated fiber strand and each copper pair at the end of the project. When performing a Tier 1 test on laser optimized multimode fiber (OM3, 4 or 5) the use of encircled flux reference cables shall be used for proper test results. When performing a Tier 2 test on fiber optic strands that have splices or that splice between two different cable manufacture’s glass, testing on an OTDR will be done in both directions and loss values will be averaged and recorded in the test results. When testing and certifying copper or fiber cables, all test equipment must have a calibration date not to exceed 1 year from the date of the test. MANDATORY Fully Meets 14.3 Std Perf & Acc. RESPONSIBILITY FOR COMPLIANCE. Inspections, tests, measurements or other acts or functions performed by State of Washington personnel must in no manner be construed as relieving the Bidder from full compliance with requirements. Upon Purchaser notification of defective or unauthorized equipment or materials, and unacceptable installation/repair practices, the Bidder will immediately replace or modify affected practices or parts at no additional cost to the Purchaser. MANDATORY Fully Meets 14.4 Std Perf & Acc. ACCEPTANCE. Acceptance of materials and services will be based as follows or as detailed in Purchaser’s Purchase Order/SOW. Fifteen (15) consecutive days of one-hundred percent (100 percent) trouble-free performance where: • 100 percent of all terminations are operational and the Effectiveness Level is 100 percent; • 100 percent of all ancillary equipment is operational and the Effectiveness Level is 100 percent; • Labeling and as-built drawings have been completed according to Purchaser’s specifications and provided to the Purchaser. MANDATORY Fully Meets DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 37 (Rev. 2021-06-18) 14.5 Std Perf & Acc. EFFECTIVENESS LEVEL. The Effectiveness Level is the percentage of time in a month that the materials are functioning properly in accordance with its specifications. The Effectiveness Level is determined by dividing the operational use time of the materials by the sum of the operational use time plus the materials failure downtime, all of which must be measured in hours and whole minutes. Operational Use Time for materials is defined as the total time the materials would normally be used. Materials Failure downtime is defined as the accumulated time during Operational Use time when work cannot be processed or accurately completed because of materials Failure. Materials Failure is defined as a malfunction that prevents the accomplishment of the intended function(s) of the materials. MANDATORY Fully Meets 14.6 Std Perf & Acc. DOWNTIME. Downtime for each incident must start from the time that Bidder knew or reasonably should have known of the materials failure, or Purchaser makes a bona fide attempt to contact Bidder’s designated representative at the prearranged contact point, whichever occurs earlier, until the materials are returned to fully operational status in conformance with its specifications. During periods of materials failure downtime, Purchaser may use operable portions of the materials when such action does not interfere with repair of the inoperable portions. MANDATORY Fully Meets 14.7 Std Perf & Acc. FAILURE TO MEET STANDARD OF PERFORMANCE. If the services and materials do not meet the Standard of Performance during the first period of Acceptance Testing, Purchaser at its sole option may continue on a day-to-day basis until the Standard of Performance has been met, or terminate the Purchase Order/SOW without penalty, or demand replacement materials or services and/or corrections from the Bidder at no additional cost and continue the Acceptance Testing for an additional fifteen (15) consecutive calendar days after receipt of replacement materials. Purchaser’s option to terminate the Purchase Order/SOW must remain in effect until exercised or until such time as the Acceptance Testing is successfully completed. Bidder must pay all costs related to the preparation and shipping of materials returned pursuant to this section. Purchaser’s option to declare Bidder in breach and terminate this Order must not be waived by Purchaser’s decision to continue Acceptance Testing beyond the delineated testing period. MANDATORY Fully Meets 14.8 Std Perf & Acc. WRITTEN NOTICE OF ACCEPTANCE. Purchaser, at its sole discretion, will determine whether the services and materials have successfully completed Acceptance Testing. Bidder must not bill Purchaser until this Standard of Performance is met. Upon successful completion of the Acceptance Testing, Purchaser will provide a written notice of a successful Acceptance Testing to the Bidder’s Project Manager. MANDATORY Fully Meets 14.9 Std Perf & Acc. BIDDER SUPPORT. Bidder must provide support for the period up to the issuance of Acceptance by Purchaser. This support must include troubleshooting, the correction of any bugs or deficiencies, and the resolution of any operating problems. During this period, Bidder will provide, at no additional cost, unlimited technical support by telephone. If a problem cannot be resolved within forty-eight (48) hours of Purchaser’s initial notification, Bidder must provide at no additional cost onsite service and support to resolve the problem. MANDATORY Fully Meets 14.10 Std Perf & Acc. ESCALATION PROCEDURES Bidder must submit an escalation procedure, providing trouble escalation for normal and emergency events. Bidder is required to submit updated escalation procedures upon any change. Written Response Required. Provide contact names and titles, with appropriate time intervals and point(s) of contact for unresolved service problems. Bidder is required to submit updated escalation procedures upon any change. MANDATORY SCORED Fully Meets If escalation is needed for normal or emergency events please contact the General Manager. During normal business hours (M-F 7am to 4pm) please contact the General Manager. David Williams 253-761-0418. If you are not able to make contact or it is after normal business hours please call the General Manager directly. This option is available 7-days a week and 24 hours a day. David Williams 253-732-9349 15.0 Wnty. WARRANTY: 15.1 Wnty. Bidder warrants that the materials must be new, of the latest design, of good quality, free of defects, fit and safe for the intended purposes, free from defects in materials and workmanship, and must be produced and delivered in full compliance with applicable law and in conformance with the Master Contract and Purchase Order/SOW (including EIA/TIA Category Certifications for cables and termination components). All materials and work not in conformance with the Master Contract, and Purchase Order/SOW and EIA/TIA Category Certifications for cables and termination components must be replaced free-of-charge to Purchaser during the base-offer warranty period, commencing upon the first day after the Acceptance Date. MANDATORY Fully Meets DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 38 (Rev. 2021-06-18) 15.2 Wnty. During the Warranty Period, Bidder must adjust, repair, or replace all materials that are defective or not performing in conformance with the specifications. All costs for such adjustments, repairs, or replacements, including all costs for replacing parts or units and their installation and any transportation and delivery fees, must be at Bidder’s expense. Any defective materials must be repaired or replaced for Purchaser so that it conforms to the specifications of the Master Contract and Purchase Order/SOW. MANDATORY Fully Meets 15.3 Wnty. Bidder agrees that all warranty service provided hereunder must be performed by Manufacturer- trained, certified, and authorized technicians. Bidder further agrees to act as the sole point of contact for warranty service. Bidder warrants that it has or will obtain and pass through to Purchaser any and all warranties obtained or available from the Original Equipment Manufacturer (OEM), including any replacement, upgraded, or additional materials warranties. MANDATORY Fully Meets 15.4 Wnty. Goods Warranty. The base-offer warranty period for the building wiring system must be a minimum of twelve (12) months, and can be increased by the Purchase Order/SOW which must start on the “Acceptance Date.” MANDATORY Fully Meets 15.5 Wnty. Services Warranty. Bidder will warranty the services provided under the resulting Master Contract. Bidder will provide a minimum of twelve (12) months Services warranty from the time of acceptance by Purchaser for installed/repaired materials including basic common equipment, terminal equipment and all other ancillary equipment. Bidder provided Services warranty will be carried over into 5.3 of resulting Master Contract. Written Response Required: Please detail warranty provided on services including # months covered in Warranty Period. MANDATORY SCORED Fully Meets Work completed by INSI is under warranty for craftsmanship and product for the life of the product, a minimum of 12 months. Any reapairs needed for faulty work or product will be rectified by INSI at no charge to the customer. No work order is necessary for warranty work to be carried out. 15.6 Wnty. Technical Support. Bidder must provide Technical Support and Service Desk for reporting warranty issues and for trouble-shooting problems. Bidder’s Technical Support and Service Desk can be reached at the number identified during normal business hours (8:00-5:00, M-F), at a minimum. After hours Support Services is preferred. Written Response Required. Bidder’s Technical Support Services can be reached at (to be filled in by Bidder). Indicate if have after hours phone number, and hours available, that Purchasers can reach Support Services after normal business hours. MANDATORY SCORED Fully Meets Technical Support can be reached at the Service Desk for reporting warranty issues and for trouble-shooting problems. During normal business hours (M-F 7am to 4pm) please call 253-761-0418 If you are not able to make contact or it is after normal business hours please call the General Manager directly. This option is available 7-days a week and 24 hours a day. David Williams 253-732-9349 16.0 Mat. Maint. MATERIALS MAINTENANCE: 16.1 Mat. Maint. Non-emergency maintenance/repair callback response time during warranty will be within eight (8) Business Hours after notification. On-Site response time to routine maintenance/repair requests such as Moves, Adds, and Changes (MACs) must be within three (3) Business Days of request, unless otherwise negotiated by Purchaser and Bidder. Routine maintenance/repair will be performed during Business Hours. When on-site, Bidder must report to Purchaser’s designated coordinator prior to and after each service call. Written Response Required MANDATORY SCORED Fully Meets When INSI receives a non-emergency repair call it is routed to the Project Manager who then contacts the Customer ASAP, certainly well within eight Business Hours after notification. Onsite response times for routine moves, adds, and changes are evaluated by the magnitude of the request and input from the customer regarding deadlines. The average interval from receipt of request to on site response has consistently been within 24 to 48 hours. If at anytime a Project Manager is unavailable please call the Gerneral Manager, David Williams, (253) 732-9349, 7-days a week 24 hours a day. 16.2 Mat. Maint. Emergency on-site maintenance/repair response time during warranty will be within two (2) hours, twenty-four (24) hours per day, seven (7) days per week, including holidays. Time to correct an emergency situation must not exceed eight (8) hours after notification. Emergency maintenance applies to: (i) Failure of signaling; (ii) Failure of power supply; and (iii) Failure of any terminals deemed critical by Purchaser to the functioning of Purchaser’s business functions. Written Response Required MANDATORY SCORED Fully Meets When INSI receives an emergency on-site repair call it is routed to the Project Manager who will evaluate the situation with the Purchaser. The Project Manager will then contact the General Manager to arrange for Manpower and Materials to be onsite within two hours. This service is available 7-days a week and 24 hours a day, indluding holidays. INSI has staff and materials available out of both Pierce and Thurston Counties, allowing us to cover the Western part of Washington, and just East of the Cascades at a moments notice. Emergency work for warrantied work oI can be dispatched through our subcontractor in that area, if an immediate solution is necessary. If at anytime a Project Manager is unavailable please call the Gerneral Manager, David Williams, (253) 732-9349, 7-days a week 24 hours a day. 16.3 Mat. Maint. Purchaser may impose liquidated damages as part of their Purchase Order/SOW for each “late” hour or part thereof (prorated in whole minutes) beginning with the time of notification and ending with the time of arrival, if Bidder’s maintenance personnel fail to meet response times identified above. MANDATORY Fully Meets DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 39 (Rev. 2021-06-18) 16.4 Mat. Maint. Any work or upgrade that may affect service must be coordinated with Purchaser’s coordinator a minimum of 48 hours in advance. Maintenance and upgrades that might affect service will not be conducted during Business Hours without Purchaser’s prior written approval. MANDATORY Fully Meets 16.5 Mat. Maint. Purchaser agrees that Bidder will not be liable for any damages caused by Purchaser’s actions or failure of Purchaser to fulfill any of its responsibilities for site installation. MANDATORY Fully Meets 16.6 Mat. Maint. Bidder personnel responding to maintenance calls, repairing or servicing the system must be Manufacturer-certified to work on the materials. MANDATORY Fully Meets 16.7 Mat. Maint. Bidder must maintain a log on Purchaser’s premises that details repairs, maintenance and upgrades to the system. The log must be available for inspection by Purchaser and/or DES upon request. MANDATORY Fully Meets 16.8 Mat. Maint. Purchaser must provide Bidder access to the system to perform maintenance service. MANDATORY Fully Meets 16.9 Mat. Maint. When on-site, Bidder must report to Purchaser’s designated coordinator prior to and after each service call. MANDATORY Fully Meets 16.10 Mat. Maint. Upon completion of each maintenance call, Bidder must furnish a maintenance activity report to Purchaser, which must include, as a minimum, the following: • Date and time notified. • Date and time of arrival. • Type and serial number(s) of machine(s). • Time spent for repair. • Description of malfunction. • List of parts replaced. • Additional charges, if applicable. MANDATORY Fully Meets 16.11 Mat. Maint. There must be no additional maintenance charges for: • Replacement parts. • Remedial maintenance required within a forty-eight (48) hour period due to recurrence of the same malfunction. • Time spent by maintenance personnel after arrival at the site awaiting the arrival of additional maintenance personnel and/or delivery of parts, tools or other required material. MANDATORY Fully Meets 16.12 Mat. Maint. In cases where Bidder does not respond within the required time, Purchaser must have the option of acquiring repair from another manufacturer-certified source and Bidder must be responsible for full reimbursement of costs incurred by Purchaser. Maintenance by another manufacturer- certified source when Bidder has failed to respond will not constitute grounds to void the warranty. MANDATORY Fully Meets 17.0 Spare Parts SPARE PARTS: 17.1 Spare Parts Bidder must make available to Purchaser either a depot repair center and/or an availability guarantee of component parts and sub-assemblies necessary for on-going maintenance and operation of the materials. Bidder guarantees part availability for a minimum of seven (7) years from the Acceptance Date of materials by Purchaser. In addition, Bidder must have a complete on-site “crash kit” of spare parts or a permanent maintenance facility with a full parts inventory within a distance that will meet the specified emergency on-site response times. MANDATORY SCORED Fully Meets Do to our long standing with customers and manufactures we have an accurate idea of the basic materials that are needed for basic repairs and fixes, which can be referred to as a "crash-kit". Many of our technicians carry just such a surplus of basic items in ther vehicles for when the unexpected happens. We also have a stock of materials both in our Tacoma and Olympia warehouses, which can be accessed at anytime. We also have a great relationship with local distributors who maintain a local stock of our most used items. 18.0 Fed Funds FEDERAL FUNDS: 18.1 Fed Funds Bidder meets the most current version of the FEDERAL TRANSIT ADMINISTRATION ARTICLES FOR PROCUREMENT CONTRACTS, as listed in the Master Contract Exhibit E1. This will qualify bidder to bid on jobs where Purchaser uses FTA funds for payment. To the extent that any Purchaser uses federal funds to purchase goods and/or services pursuant to any resulting Master Contract, such Purchaser shall attach the most current version of federal funding requirements/articles to purchase order/SOW, and specify any applicable requirement or certification that must be satisfied by Bidder with its order/SOW, at the time the order is placed. Bidder must use best efforts to execute such federal assurances or requirements as may be necessary for Purchaser to utilize such federal funding (e.g., FTA requirements, sample attached as Exhibit D). Written Response Required HIGHLY DESIRABLE Fully Meets INSI meets the most current version of the FEDERAL TRANSIT ADMINISTRATION ARTICLES FOR PROCUREMENT CONTRACTS. INSI is a registered SAM participant (CageCode# 07BV6), and is also registered to participate in the USAC E-RATE program (SPIN 143007024). DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 40 (Rev. 2021-06-18) 19.0 Opt. E-WASTE BUYBACK OR RECYCLING OPTIONS: 19.1 Opt. Bidder must have E-waste buyback or recycling program option for old cabling. Provide options for E-waste buy back or old cabling recycling to purchasers. Written Response Required HIGHLY DESIRABLE Fully Meets INSI has a recycling relationship locally with Tacoma Metals, whom provide a collection bin at our office for copper wire to be recycled. We are also firmiliar with the WA Department of Ecology and their E-Cycle Washington program. The E-Cycle Washington is a free program for the recycling of electronic products. 20.0 Inv. INVOICING: 20.1 Inv. Bidder must submit to Purchaser’s designated invoicing contact properly itemized invoices for Goods and/or Services delivered under this Master Contract. Such invoices must itemize the following: (a) Master Contract No. 05620 (b) Bidder name, address, telephone number, and email address for billing issues (i.e., Bidder Customer Service Representative) (c) Bidder’s Federal Tax Identification Number (d) Date(s) of delivery (if applicable) (e) Description of Services and Installation provided, including hourly rate and total hours for each labor category, if applicable. Pricing for Labor categories must be clearly structured in same manner as contract pricing ($/hr. and PW + %) (f) Description of Parts and Materials provided. Pricing for Parts and Materials must be clearly structured in same manner as contract pricing (cost + % markup) (g) Invoice amount; and (h) Payment terms, including any available prompt payment discounts. Bidder’s invoices for payment must reflect accurate Master Contract prices. Invoices will not be processed for payment until receipt of a complete invoice as specified herein. MANDATORY Fully Meets DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 41 (Rev. 2021-06-18) DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 42 (Rev. 2021-06-18) DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 43 (Rev. 2021-06-18) DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 44 (Rev. 2021-06-18) DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit A MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 45 (Rev. 2021-06-18) DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit B MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 46 (Rev. 2021-06-18) EXHIBIT B PRICES FOR GOODS/SERVICES #05620 IT Cabling EXHIBIT B -- Bid Price (Revised 7.30.21) Bidder Name: Intracommunication Network Systems Inc. (INSI) Category 1- Services and Installation / Inside Work Scope: This category includes Inside work and all parts and materials required to complete the service and installation. Inside work involves IT cabling installation in new buildings, major renovated buildings and additions to existing cabling networks. Instructions: Bidders are requested to offer pricing on this sheet for Inside work for each region they are proposing to seek award. Bid pricing for labor will be expressed as prevailing wage plus percentage for each region bid (PW+%) or as an hourly rate ($X/hr.) as marked. Bid pricing for parts and materials will be expressed as a markup percentage over suppliers' invoiced price (% Markup on Parts and Materials). Contractors must share suppliers' invoices upon request by Purchasers. LABOR: For each region you are bidding, please enter a percentage that represents markup over prevailing wage in the grayed columns under Straight Time for each category of cabling labor that requires prevailing wage: Telecommunications Technician, Electronic Technician, Electrician (Journey Level) and Cable Splicer. For the Project Manager, Foreman and RCDD categories, please bid an hourly rate for Straight Time, Overtime, and Holiday. All labor categories are for journey level workers. PARTS AND MATERIALS: Please put a percentage in the grayed box next to "% Markup on parts and materials" for each region you are bidding (markup must include shipping, configuration, kitting, processing, warehousing and any other costs of acquisition or delivery of the parts, supplies and materials). NOTE 1: Mileage for each region (in company vehicles or employee owned vehicles) MUST be factored into the labor pricing for each labor category. In no case shall travel charges exceed GSA's mileage reimbursement rate or per diem schedule for the locality. NOTE 2: Costs of permits and performance bonds, as may be required by Purchaser, shall appear on quotes or invoices at cost with no markup. Equipment rented for a specific advertised job must appear on a quote for Purchaser as a separate line item, at cost. Standard equipment and tools used for IT Cabling projects (inside and outside work) are NOT allowed as separate line items. "Note: Percentages provided for Straight Time will also apply to Overtime and Holiday labor rates for job classifications governed by prevailing wage North Puget Sound Olympic Labor Category Straight Time Overtime Holiday Labor Category Straight Time Overtime Holiday Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 RCDD (hourly) $ 110.00 $ 110.00 $ 110.00 RCDD (hourly) $ 10.00 $ 110.00 $ 110.00 Telecom technician (PW + %) 110.00% Telecom technician (PW + %) 110.00% Electronic technician (PW + %) 110.00% Electronic technician (PW + %) 110.00% Electrician (journey level) (PW + %) 110.00% Electrician (journey level) (PW + %) 110.00% Cable splicer (inside) (PW +%) 110.00% Cable splicer (inside) (PW +%) 110.00% % Markup on parts and materials 15.00% % Markup on parts and materials 15.00% DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit B MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 47 (Rev. 2021-06-18) Southwest South Central Labor Category Straight Time Overtime Holiday Labor Category Straight Time Overtime Holiday Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 RCDD (hourly) $ 110.00 $ 110.00 $ 110.00 RCDD (hourly) $ 110.00 $ 110.00 $ 110.00 Telecom technician (PW + %) 110.00% Telecom technician (PW + %) 110.00% Electronic technician (PW + %) 110.00% Electronic technician (PW + %) 110.00% Electrician (journey level) (PW + %) 110.00% Electrician (journey level) (PW + %) 110.00% Cable splicer (inside) (PW +%) 110.00% Cable splicer (inside) (PW +%) 110.00% % Markup on parts and materials 15.00% % Markup on parts and materials 20.00% Eastern North Central Labor Category Straight Time Overtime Holiday Labor Category Straight Time Overtime Holiday Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 RCDD (hourly) $ 110.00 $ 110.00 $ 110.00 RCDD (hourly) $ 110.00 $ 110.00 $ 110.00 Telecom technician (PW + %) 110.00% Telecom technician (PW + %) 110.00% Electronic technician (PW + %) 110.00% Electronic technician (PW + %) 110.00% Electrician (journey level) (PW + %) 110.00% Electrician (journey level) (PW + %) 110.00% Cable splicer (inside) (PW +%) 110.00% Cable splicer (inside) (PW +%) 110.00% % Markup on parts and materials 20.00% % Markup on parts and materials 20.00% DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit B MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 48 (Rev. 2021-06-18) #05620 IT Cabling EXHIBIT C1 -- Bid Price (Revised 7.30.21) Bidder Name: Intracommunication Network Systems Inc. (INSI) Category 1-Services and Installation / Outside Work Scope: This category includes Outside work, and all parts and materials required to complete the service and installation. Outside work will be for inter-building connectivity. Outside work may include digging and trenching as well as installing cabling. Instructions: Bidders are requested to offer pricing on this sheet for Outside work for each region they are proposing to seek award. Bid pricing for labor will be expressed as prevailing wage plus percentage for each region bid (PW+%) or as an hourly rate ($X/hr.) as marked. Bid pricing for parts and materials will be expressed as a markup percentage over suppliers' invoiced price (% Markup on Parts and Materials). Contractors must share suppliers' invoices upon request by Purchasers. LABOR: For each region you are bidding, please enter a percentage that represents markup over prevailing wage in the grayed columns under Straight Time for each category of cabling labor that requires prevailing wage: Groundperson, Line equipment operator (light), Line equipment operator (heavy), Lineperson, Cable splicer, Operating Engineer, and Laborer. For the Project Manager, Foreman and RCDD categories, please bid an hourly rate for Straight Time, Overtime, and Holiday. All labor categories are for journey level workers. PARTS AND MATERIALS: Please put a percentage in the grayed box next to "Markup on parts and materials" for each region you are bidding (markup must include shipping, configuration, kitting, processing, warehousing and any other costs of acquisition or delivery of the parts, supplies and materials). NOTE 1: Mileage for each region (in company vehicles or employee owned vehicles) MUST be factored into the labor pricing for each labor category. In no case shall travel charges exceed GSA's mileage reimbursement rate or per diem schedule for the locality. NOTE 2: Costs of permits and performance bonds, as may be required by Purchaser, shall appear on quotes or invoices at cost with no markup. Equipment rented for a specific advertised job must appear on a quote for Purchaser as a separate line item, at cost. Owned equipment and tools that are used on an IT Cabling- Outside Work project can be billed at a rate that does NOT exceed the most recent FEMA Schedule of Equipment Rates (2019 Schedule at time of posting). This is intended for equipment used in Outside Work (trenchers, asphalt paver, concrete mixer, etc.) Standard equipment and tools used for IT Cabling projects (inside and outside work) are NOT allowed as separate line items. * FEMA Schedule of Equipment Rates (2019 Schedule at time of posting). North Puget Sound Olympic Labor Category Straight Time Overtime Holiday Labor Category Straight Time Overtime Holiday Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $160.00 RCDD (hourly) $ 110.00 $ 110.00 $ 110.00 RCDD (hourly) $ 110.00 $ 110.00 $110.00 Groundperson (PW + %) 60.00% Groundperson (PW + %) 60.00% Line Equipment Operator (light) (PW +%) 60.00% Line Equipment Operator (light) (PW +%) 60.00% Line Equipment Operator (heavy) (PW + %) 60.00% Line Equipment Operator (heavy) (PW + %) 60.00% Lineperson (PW + %) 60.00% Lineperson (PW + %) 60.00% Cable Splicer (outside) (PW + %) 110.00% Cable Splicer (outside) (PW + %) 110.00% Operating Engineer (PW + %) 60.00% Operating Engineer (PW + %) 60.00% Laborer (PW + %) 60.00% Laborer (PW + %) 60.00% % Markup on Parts and Materials 15.00% % Markup on Parts and Materials 15.00% DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit B MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 49 (Rev. 2021-06-18) Southwest Labor Category Straight Time Overtime Holiday Project Manager (hourly) $ 90.00 $ 90.00 $ 90.00 Inside Foreman (hourly) $ 80.00 $ 120.00 $ 160.00 RCDD (hourly) $ 110.00 $ 110.00 $ 110.00 Groundperson (PW + %) 60.00% Line Equipment Operator (light) (PW +%) 60.00% Line Equipment Operator (heavy) (PW + %) 60.00% Lineperson (PW + %) 60.00% Cable Splicer (outside) (PW + %) 110.00% Operating Engineer (PW + %) 60.00% Laborer (PW + %) 60.00% % Markup on Parts and Materials 15.00% DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit C MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 50 (Rev. 2021-06-18) Exhibit C INSURANCE REQUIREMENTS 1. INSURANCE OBLIGATION. During the Term of this Master Contract, Contractor shall possess and maintain in full force and effect, at Contractor’s sole expense, the following insurance coverages: a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance (and, if necessary, commercial umbrella liability insurance) covering bodily injury, property damage, products/completed operations, personal injury, and advertising injury liability on an ‘occurrence form’ that shall be no less comprehensive and no more restrictive than the coverage provided by Insurance Services Office (ISO) under the most recent version of form CG 00 01 in the amount of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. This coverage shall include blanket contractual liability coverage. This coverage shall include a cross-liability clause or separation of insured condition. b. WORKERS’ COMPENSATION INSURANCE. Contractor shall comply with applicable Workers’ Compensation or Industrial Accident insurance providing benefits as required by law. c. EMPLOYERS’ LIABILITY (STOP GAP) INSURANCE. Employers’ liability insurance (and, if necessary, commercial umbrella liability insurance) with limits not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 bodily injury by disease policy limit. d. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE. Commercial automobile liability insurance covering the ownership, maintenance, and/or use of all owned/leased, non-owned, and hired vehicles used in the performance of the Master Contract, with limits of not less than $1,000,000 per accident, combined single limit for bodily injury and property damage liability. Coverage shall be provided on Insurance Services Office (ISO) form number CA 0001 or an equivalent. e. COMMERCIAL UMBRELLA LIABILITY INSURANCE. Commercial umbrella liability insurance coverage in the sum of $3,000,000 shall be provided and shall apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers Liability, and Professional Liability. The insurance coverage limits set forth herein are the minimum. Contractor’s insurance coverage shall be no less than the minimum amounts specified. Coverage in the amounts of these minimum limits, however, shall not be construed to relieve Contractor from liability in excess of such limits. Contractor waives all rights against the State of Washington for the recovery of damages to the extent such damages are covered by any insurance required herein. 2. INSURANCE CARRIER RATING. Coverages provided by Contractor must be underwritten by an insurance company deemed acceptable to the State of Washington’s Office of Risk Management. Insurance coverage shall be provided by companies authorized to do business within the State of Washington and rated A- Class VII or better in the most recently published edition of Best’s Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit C MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 51 (Rev. 2021-06-18) 3. ADDITIONAL INSURED. Commercial General Liability, Commercial Automobile Liability, and Pollution Liability Insurance shall include the State of Washington and all authorized Purchasers (and their agents, officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured Endorsement attached to the Certificate of Insurance on such insurance policies. 4. CERTIFICATE OF INSURANCE. Prior to execution of the Master Contract, Contractor shall furnish to Enterprise Services, as evidence of the insurance coverage required by this Master Contract, a certificate of insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and minimum amounts, has been secured. In addition, no less than ten (10) days prior to coverage expiration, Contractor shall furnish to Enterprise Services an updated or renewed certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above-stated kinds and minimum amounts, has been secured. Failure to maintain or provide proof of insurance, as required, will result in contract cancellation. All policies and certificates of insurance shall include the Master Contract number stated on the cover of this Master Contract. All certificates of Insurance and any related insurance documents shall be delivered to Enterprise Services by U.S. mail, postage prepaid, or sent via email, and shall be sent to the address or email address set forth below or to such other address or email address as Enterprise Services may specify in writing: US Mail: Contracts & Procurement – Master Contract Insurance Certificate Master Contract No. 05620 – IT Cabling Attn: Contract Administrator – Master Contract No. 05620 Washington Dept. of Enterprise Services PO Box 41411 Olympia, WA 98504-141 Email: DESContractsTeamCypress@des.wa.gov Note: For Email notice, the Email Subject line must state: Master Contract Insurance Certificate – Master Contract No. 05620 – IT Cabling 5. PRIMARY COVERAGE. Contractor’s insurance shall apply as primary and shall not seek contribution from any insurance or self-insurance maintained by, or provided to, the additional insureds listed above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance provided by Contractor or subcontractors. 6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any such subcontractor to provide insurance that complies with all applicable requirements of the insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Each subcontractor must comply fully with all insurance requirements stated herein. Failure of any subcontractor to comply with insurance requirements does not limit Contractor’s liability or responsibility. 7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of Washington and any Purchaser for the recovery of damages to the extent such damages are or would be covered by the insurance specified herein. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C Exhibit C MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 52 (Rev. 2021-06-18) 8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion of aggregate limits, or intent not to renew insurance coverage, either in whole or in part, without at least sixty (60) days prior written Legal Notice by Contractor to Enterprise Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any such written notice shall include the Master Contract number stated on the cover of this Master Contract. 9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) years following expiration or termination of the Master Contract. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING- CATEGORY 1 EXHIBIT D MASTER CONTRACT NO. 05620-08 – IT CABLING –CATEGORY 1 SERVICES AND INSTALLATION 1 (Rev. 2021-06-18) Exhibit D 1 SAMPLE – FEDERAL FUNDING REQUIREMENTS 2 EXHIBIT 1 FEDERAL TRANSIT ADMINISTRATION ARTICLES FOR PROCUREMENT CONTRACTS DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (i) 2/25/21 EXHIBIT 1 FEDERAL TRANSIT ADMINISTRATION ARTICLES FOR PROCUREMENT CONTRACTS TABLE OF CONTENTS ARTICLE PAGE I. BUY AMERICA REQUIREMENTS 3 II. FLY AMERICA REQUIREMENTS 4 III. CARGO PREFERENCE REQUIREMENTS 6 IV. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 7 V. LOBBYING 8 VI. ACCESS TO RECORDS AND REPORTS 9 VII. ENERGY CONSERVATION REQUIREMENTS 12 VIII. CLEAN WATER REQUIREMENTS 12 IX. CLEAN AIR 13 X. FEDERAL CHANGES 13 XI. NO GOVERNMENT OBLIGATION TO THIRD PARTIES 15 XII. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS 16 AND RELATED ACTS XIII. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 17 XIV. CIVIL RIGHTS 18 XV. PROMPT PAYMENT ON SUBCONTRACTS AND 27 RETURN OF RETAINAGE XVI. RECYCLED PRODUCTS 29 XVII. CONFORMANCE WITH ITS 30 NATIONAL ARCHITECTURE DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (ii) 2/25/21 ARTICLE PAGE XVIII. SAFE OPERATION OF MOTOR VEHICLES 30 XIX. BREACHES AND DISPUTE RESOLUTION 31 XX. SIMPLIFIED ACQUISITION THRESHOLD 32 XXI. TERMINATION 32 XXII. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES 34 XXIII. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS 35 DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (3) 2/25/21 EXHIBIT 1 FEDERAL TRANSIT ADMINISTRATION ARTICLES FOR PROCUREMENT CONTRACTS I. BUY AMERICA REQUIREMENTS 49 U.S.C. 5323(j) 49 CFR Part 661 The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $150,000). The Buy America requirements flow down from FTA recipients and subrecipients to first tier Contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $150,000 threshold applies only to the grantee contract. Subcontracts under that amount are subject to Buy America. Buy America This Contract is subject to the Federal Transit Administration's (FTA's) Buy America requirements in 49 CFR Part 661 and 49 U.S.C. 5323 (j). The Contractor agrees to abide by its Buy America Certificate submitted with its bid/proposal. The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (4) 2/25/21 equipment and software. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11. Rolling stock must be manufactured in the United States and have more than 70 percent domestic content for FFY2020 and beyond. A bidder/proposer must submit to the State the appropriate Buy America certification (below) with all bids/proposals on FTA-funded contracts, except those subject to a general waiver. A bid/proposal that is not accompanied by a completed Buy America certification must be rejected as non-responsive. This requirement does not apply to lower tier subcontractors. Compliance with FTA’s Buy America requirements shall be deemed to satisfy 2 CFR § 200.322, “Domestic Preferences for Procurements”. The Recipient will comply with the limitation on certain rolling stock procurements at 49 U.S.C. § 5323(u). II. FLY AMERICA REQUIREMENTS 49 U.S.C. §40118 41 CFR Part 301-10 The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act. The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Fly America 1. The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (5) 2/25/21 air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. 2. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. 3. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (6) 2/25/21 III. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. 55305 46 CFR Part 381 The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels. The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Cargo Preference Use of United States-Flag Vessels - The contractor agrees: 1. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; 2. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) 3. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (7) 2/25/21 IV. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 2 CFR Part 180 2 CFR Part 1200 2 CFR Parts 180 and 1200 prohibit FTA recipients and sub-recipients from contracting for goods and services from organizations that have been suspended or debarred from receiving Federally-assisted contracts. As part of their applications each year, recipients are required to submit a certification to the effect that they will not enter into contracts over $25,000 with suspended or debarred Contractors and that they will require their Contractors (and their subcontractors) to make the same certification to them. Contractors are also required to confirm whether a prospective lower-tier participant is debarred or suspended. Contractors are required to pass this requirement on to subcontractors seeking subcontracts over $25,000. Thus, the terms "lower tier covered participant" and "lower tier covered transaction" include both Contractors and subcontractors and contracts and subcontracts over $25,000. Debarment and Suspension This Contract is subject to the Federal Transit Administration's (FTA's) debarment and suspension requirements in 2 CFR Parts 180 and 1200. The Contractor agrees to abide by the following certifications submitted with its bid/proposal: "Certification of Contractor Regarding Debarment, Suspension, and Other Responsibility Matters"; "Certification of Contractor Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction"; and corresponding certifications for subcontractors. The Contractor also agrees to (i) confirm whether a prospective participant in a lower tier covered transaction is debarred or suspended by checking the exclusion records maintained by the U.S. General Service Administration at https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf; and (ii) pass on the same requirement to prospective lower tier participants. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (8) 2/25/21 V. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, § 7. The Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq. ] - Lobbying Certification and Disclosure of Lobbying Activities for Third-Party Contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that Contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Lobbying This Contract is subject to the Federal Transit Administration's (FTA's) Lobbying requirements in 31 U.S.C. 1352, 49 CFR Part 19 and 49 CFR Part 20. The Contractor agrees to abide by its "Certification Regarding Lobbying" submitted with its bid/proposal. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (9) 2/25/21 VI. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 2 CFR 200.333 18 CFR 18.36 (i) 49 CFR 633.17 Reference Chart "Requirements for Access to Records and Reports by Type of Contracts". FTA does not require the inclusion of these requirements in subcontracts. Access to Records The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $250,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (10) 2/25/21 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11) and 2 CFR 200.333. 7. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operational Service Contract Turnkey Construction Architectural Engineering Acquisition of Rolling Stock Professional Services I State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects None None unless1 non-competitive award Those imposed on state pass thru to Contractor None Yes, unless non- competitive award or if None None None DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (11) 2/25/21 funded thru2 5307/5309/5311 None unless non-competitive award None unless non-competitive award None unless non-competitive award Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i) DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (12) 2/25/21 VII. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 The Energy Conservation requirements are applicable to all contracts. The Energy Conservation requirements extend to all Third-Party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Energy Conservation The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. VIII. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 - 1387 The Clean Water requirements apply to each contract and subcontract which exceeds $150,000. The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Clean Water 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the State and understands and agrees that the State will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (13) 2/25/21 2. The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. IX. CLEAN AIR 42 U.S.C. 7401 et seq. 40 CFR 15.61 49 CFR Part 18 The Clean Air requirements apply to all contracts exceeding $150,000, including indefinite quantities where the amount is expected to exceed $150,000 in any year. The Clean Air requirements flow down to all subcontracts which exceed $150,000. Clean Air 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the State and understands and agrees that the State will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 2. The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. X. FEDERAL CHANGES 49 CFR Part 18 The Federal Changes requirement applies to all contracts. The Federal Changes requirement flows down appropriately to each applicable changed requirement. Federal Changes DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (14) 2/25/21 The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the current Master Agreement between the State and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (15) 2/25/21 XI. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicable to all contracts. Not required by statute or regulation for either primary Contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. No Obligation by the Federal Government 1. The State and the Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the State, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (16) 2/25/21 XII. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31, 18 U.S.C. 1001 49 U.S.C. 5323(l)(1) These requirements are applicable to all contracts. These requirements flow down to Contractors and subcontractors who make, present, or submit covered claims and statements. Program Fraud and False or Fraudulent Statements or Related Acts 1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. 3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (17) 2/25/21 XIII. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 U.S.C. 3701 29 C.F.R. § 5.5(b) 49 CFR § 18 29 CFR § 5.5(b), which deals with overtime requirements, applies to: all construction contracts in excess of $100,000. Applies to Third-Party Contractors and subcontractors. ( These clauses should be used in conjunction with the Davis-Bacon Act clauses.) 1. Overtime Requirements No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability For Unpaid Wages; Liquidated Damages In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 3. Withholding For Unpaid Wages and Liquidated Damages The State shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (18) 2/25/21 4. Subcontracts The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. XIV. CIVIL RIGHTS 29 U.S.C. § 621 et seq., 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12101, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1625 et seq., 41 CFR Parts 60 et seq. 49 CFR Part 25 et seq., The Civil Rights Requirements apply to all contracts. The Civil Rights requirements flow down to all Third-Party Contractors and subcontractors at every tier. This provision is a restatement of the FTA Master Agreement (2/9/2021), Section 12. a. Civil Rights Requirements. The Recipient agrees that it must comply with applicable federal civil rights laws, regulations, and requirements, and follow applicable federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless a Recipient or a federal program, including the Indian Tribe Recipient or the Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance with each civil rights statute, including compliance with equity in service requirements. b. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to, and assures that it and each Third-Party Participant will: (1) Prohibit discrimination based on race, color, religion, national origin, sex (including gender identity), disability, or age. (2) Prohibit the: (a) Exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332, or (c) Discrimination identified in 49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (19) 2/25/21 (3) Follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance, but (b) FTA does not require an Indian Tribe to comply with FTA program-specific guidelines for Title VI when administering its Underlying Agreement supported with federal assistance under the Tribal Transit Program. c. Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third-Party Participant will: (1) Prohibit discrimination based on race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other applicable federal guidance that may be issued. d. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third- Party Participant will, prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note,), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs, (c) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement, (d) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients,” and (e) Follow other federal guidance pertaining to EEO laws, regulations, and requirements, and prohibitions against discrimination on the basis of disability, DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (20) 2/25/21 (2) Specifics. The Recipient agrees to, and assures that each Third-Party Participant will: (a) Affirmative Action. Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, recruitment, and employment, 2 Rates of pay and other forms of compensation, 3 Selection for training, including apprenticeship, and upgrading, and 4 Transfers, demotions, layoffs, and terminations, but (b) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer,” and (3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. e. Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws, regulations, or requirements, the Recipient agrees to facilitate, and assures that each Third-Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. § 101 note, (b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement. (2) DBE Program Requirements. A Recipient that receives planning, capital and/or operating assistance and that will award prime Third-Party contracts exceeding $250,000 in a federal fiscal year must have a DBE program that is approved by FTA and meets the requirements of 49 C.F.R. part 26. (3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Recipient agrees that: DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (21) 2/25/21 (a) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA- assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26, and (b) Reporting TVM Awards. Within 30 days of any Third-Party contract award for a vehicle purchase, the Recipient must submit to FTA the name of the TVM contractor and the total dollar value of the Third-Party contract, and notify FTA that this information has been attached in TrAMS. The Recipient must also submit additional notifications if options are exercised in subsequent years to ensure that the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. § 26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must not discriminate based on race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted contracts, 3 Its DBE program, as required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by reference and made part of the Underlying Agreement, and 4 Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry out its terms shall be treated as a violation of this Master Agreement. (b) Subrecipient/Third-Party Contractor/Third-Party Subcontractor Assurance. The Recipient agrees and assures that it will include the following assurance in each subagreement and Third-Party contract it signs with a Subrecipient or Third-Party Contractor and agrees to obtain the agreement of each of its Subrecipients, Third-Party Contractors, and Third-Party Subcontractors to include the following assurance in every subagreement and Third-Party contract it signs: 1 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must not discriminate based on race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted subagreement, Third-Party contract, and Third-Party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted subagreements, Third-Party contracts, and Third-Party subcontracts, as applicable, 3 Failure by the Subrecipient and any of its Third-Party Contractors or Third-Party Subcontractors to carry out the requirements of this subparagraph 12.e(4)(b) is a DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (22) 2/25/21 material breach of this subagreement, Third-Party contract, or Third-Party subcontract, as applicable, and 4 The following remedies, or such other remedy as the Recipient deems appropriate, include, but are not limited to, withholding monthly progress payments, assessing sanctions, liquidated damages, and/or disqualifying the Subrecipient, Third-Party Contractor, or Third-Party Subcontractor from future bidding as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to carry out its approved program, FTA or U.S. DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq. f. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal prohibitions against discrimination based on sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (1) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (2) Federal transit law, specifically 49 U.S.C. § 5332. g. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal prohibitions against discrimination based on age, including: (1) The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits discrimination based on age, (1) The Age Discrimination in Employment Act, 29 U.S.C. §§621-634, which prohibits discrimination based on age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals based on age in the administration of Programs, Projects, and related activities receiving federal assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332. h. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following federal prohibitions against discrimination based on disability: (1) Federal laws, including: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination based on disability in the administration of federally assisted Programs, Projects, or activities, (b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (23) 2/25/21 1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer,” (c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36, (g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R. part 1194, (j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, (k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and (l) Other applicable federal civil rights and nondiscrimination regulations and guidance. i. Drug or Alcohol Abuse – Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (24) 2/25/21 j. Access to Services for Persons with Limited English Proficiency. The Recipient agrees to promote accessibility of public transportation services to persons with limited understanding of English by following: (1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42 U.S.C. § 2000d-1 note, (65 Fed. Reg. 50121,), and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005. k. Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The Recipient agrees to comply with other applicable federal nondiscrimination laws, regulations, and requirements, and follow federal guidance prohibiting discrimination. l. Remedies. Remedies for failure to comply with applicable federal Civil Rights laws, regulations, and requirements, and failure to follow guidance may be enforced as provided in those federal laws, regulations, requirements, or guidance. m. Promoting Free Speech and Religious Liberty. The recipient shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. n. Equal Opportunity Clause. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: (a). Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (25) 2/25/21 response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: (a) Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (b) The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (26) 2/25/21 (c) The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. (d) The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (9) [Reserved] (10) Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (27) 2/25/21 XV. PROMPT PAYMENT ON SUBCONTRACTS AND RETURN OF RETAINAGE 49 CFR § 26.29 RCW 39.04.250 The following procedures shall apply to all subcontracts entered into as a part of this Contract. A. Requirements 1. Upon request, the State’s Project Engineer will provide a copy of any or all progress payment estimates, with regard to contract payments to any interested party to the project. 2. The Contractor shall make payment to the Lower Tier Subcontractor not later than ten calendar days after receipt of payment for work satisfactorily completed by the Lower Tier Subcontractor, to the extent of the Lower Tier Subcontractor ’s interest therein. 3. In the event the Contractor believes they have the right under the Contract or Subcontract to withhold payment in part or whole from a Lower Tier Subcontractor they shall provide immediate notification to that Lower Tier Subcontractor and the Engineer. The notice shall include an accounting of payments to date, the value and reason for the withheld amount, and an explanation of what must be done to have the withheld amount released. The Lower Tier Subcontractor shall be paid within eight calendar days after the Subcontractor completes the remedial action identified. 4. Every subcontract and lower tier subcontract shall have a dispute resolution process incorporated for resolving issues between the parties to the subcontract, or one shall be established as necessary. 5. If the parties agree, the State will make a Third-Party neutral available provided the parties to the dispute agree that the cost of doing so is split between them. 6. The Engineer will withhold the same amount of funds from the Contractor as was withheld if the issue is not resolved by the next progress estimate. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (28) 2/25/21 7. Failure by a Contractor or Subcontractor to comply with these requirements may result in one or more of the following: a. Reflected in the Prime Contractor’s Performance Evaluation. b. Cancellation, termination or suspension of the Contract, in whole or in part. c. Sanctions as provided by the Contract; subcontract; or by law under applicable prompt payment statutes including RCW 39.04.250. 8. The Subcontractor shall make a written request to the Contractor for the release of the Subcontractor’s retainage or retainage bond. 9. Within 10 calendar days of the request, the Contractor shall determine if the subcontract has been satisfactorily completed including any required lien releases, documentation and material testing and shall inform the Subcontractor, in writing, of the Contractor’s determination. 10. If the Contractor determines that the subcontract has been satisfactorily completed, the Subcontractor ’s retainage or retainage bond shall be released by the Contractor within 10 calendar days from the date of the written notice. If the Contractor determines that the Subcontractor has not achieved satisfactory completion of the subcontract, the Contractor must provide the Subcontractor with written notice, stating specifically why the subcontract Work is not satisfactorily completed and what has to be done to achieve completion. The Contractor shall release the Subcontractor’s retainage or retainage bond within 10 calendar days after the Subcontractor has satisfactorily completed the Work identified in the notice. 11. In determining whether satisfactory completion has been achieved, the Contractor may require the Subcontractor to provide documentation such as certifications and releases, showing that all laborers, lower-tiered Subcontractors, suppliers of material and equipment, and others involved in the Subcontractor ’s Work have been paid in full. The Contractor may also require any documentation from the Subcontractor that is required by the subcontract or by the Contract between the Contractor and Contracting Agency or by law such as affidavits of wages paid, and material acceptance certifications to the extent that they relate to the Subcontractor ’s Work. 12. If the Contractor fails to comply with the requirements of the Specification and the Subcontractor’s retainage or retainage bond is wrongfully withheld, the Contractor will be subject to the actions described in No. 7 above. The Subcontractor may also seek recovery against the Contractor under applicable DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (29) 2/25/21 prompt pay statutes in addition to any other remedies provided for by the subcontract or by law. B. Conditions 1. This clause does not create a contractual relationship between the Contracting Agency and any Subcontractor as stated in the current WSDOT Standard Specifications for Road, Bridge and Municipal Construction (Standard Specifications), Section 1-08.1. Also, it is not intended to bestow upon any Subcontractor, the status of a third-party beneficiary to the Contract between the Contracting Agency and the Contractor. 2. This Section of the Contract does not apply to retainage withheld by the Contracting Agency from monies earned by the Contractor. The Contracting Agency shall continue to process the release of that retainage based upon the Completion Date of the project as defined in the Standard Specifications, Section 1-08.5 Time for Completion and in accordance with the requirements and procedures set forth in RCW 60.28. C. Payment The Contractor shall be solely responsible for any additional costs involved in paying retainage to the Subcontractors prior to total project completion. Those costs shall be incidental to the respective Bid items. XVI. RECYCLED PRODUCTS 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873 The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" became effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (30) 2/25/21 Not applicable. XVII. CONFORMANCE WITH ITS NATIONAL ARCHITECTURE 23 U.S.C. 517 The Conformance with ITS National Architecture requirements apply to contracts for Intelligent Transportation System (ITS) projects. Not applicable. XVIII. SAFE OPERATION OF MOTOR VEHICLES 23 U.S.C. 402 Executive Order No. 13043 Executive Order No. 13513 U.S. DOT Order No. 3902.10 The Safe Operation of Motor Vehicles requirements apply to all federally funded Third-Party contracts. Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company - owned vehicles, company - rented vehicles, or personally operated vehicles. The terms “company-owned” and “company- leased” refer to vehicles owned or leased either by the Contractor or WSDOT. Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (31) 2/25/21 privately-owned vehicle when on official business in connection with the work performed under this agreement. XIX. BREACHES AND DISPUTE RESOLUTION Section 39, FTA Master Agreement 49 CFR Part 18 FTA Circular 4220.1F The Contractor shall comply with the “Termination of Contract”, Disputes and Claims", "Claims Resolution" and other applicable Sections of the WSDOT Standard Specifications. The below is a restatement of the FTA Master Agreement (2/9/2021), Section 39(a) – (b). It applies to all contracts valued at more than $100,000. (a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the Award, the accompanying Underlying Agreement, and any Amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise. (b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. (3) Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (32) 2/25/21 or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a 95 criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions. XX. SIMPLIFIED ACQUISITION THRESHOLD 41 U.S.C. 1908 2 C.F.R. §§ 200.317 – 200.326 The simplified acquisition threshold applies to contracts of at least $250,000. Contracts for more than the simplified acquisition threshold, currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (Note that the simplified acquisition threshold determines the procurement procedures that must be employed pursuant to 2 C.F.R. §§ 200.317–200.326. The simplified acquisition threshold does not exempt a procurement from other eligibility or processes requirements that may apply. For example, Buy America’s eligibility and process requirements apply to any procurement in excess of $150,000. 49 U.S.C. § 5323(j)(13).) XXI. TERMINATION DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (33) 2/25/21 The Contractor shall comply with the “Termination of Contract” Section of the WSDOT Standard Specifications. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (34) 2/25/21 XXII. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES Section 37, FTA Master Agreement for agreements authorized by 49 U.S.C. chapter 53 and Title 23, U.S.C. This provision is a restatement of the FTA Master Agreement (2/9/2021), Section 37. To the extent required under federal law, the State, as the Recipient, agrees to provide the following information about federal assistance awarded for its State Program, Project, or related activities: a. Types of Information. The State will provide information including: (1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project, (2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized, and (3) The amount of federal assistance FTA has provided for a State Program or Project. b. Documents. The State will provide the information required under this provision in the following documents: (1) Applications for federal assistance, (2) Requests for proposals, or Solicitations, (3) Forms, (4) Notifications, (5) Press releases, and (6) Other publications. DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C MASTER CONTRACT 05620-IT CABLING – CATEGORY 1 EXHIBIT D G:\FED AID\FTA\PROCUREMENT\010 (35) 2/25/21 XXIII. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS FTA Circular 4220.1F The incorporation of FTA terms applies to all contracts. The incorporation of FTA terms has unlimited flow down. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, at Microsoft Word - FTA Circular 4220 1F Third Party Contracting Guidance - 4-14-09 - Final Clean (ny.gov); and the FTA Master Agreement, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any State requests which would cause the State to be in violation of the FTA terms and conditions. ( END ) DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C 05620-08.Cat1.insimc.vendorsigned Final Audit Report 2021-11-09 Created:2021-11-09 By:Kelli Carmony (kelli.carmony@des.wa.gov) Status:Signed Transaction ID:CBJCHBCAABAA0qo7CHU1Yqnq6mEwc48NgUO-Xjx0fu4z "05620-08.Cat1.insimc.vendorsigned" History Document created by Kelli Carmony (kelli.carmony@des.wa.gov) 2021-11-09 - 9:10:46 PM GMT- IP address: 198.238.242.30 Document emailed to Kim Kirkland (kim.kirkland@des.wa.gov) for signature 2021-11-09 - 9:11:34 PM GMT Email viewed by Kim Kirkland (kim.kirkland@des.wa.gov) 2021-11-09 - 10:20:50 PM GMT- IP address: 104.47.64.254 Document e-signed by Kim Kirkland (kim.kirkland@des.wa.gov) Signature Date: 2021-11-09 - 10:21:36 PM GMT - Time Source: server- IP address: 198.238.242.30 Agreement completed. 2021-11-09 - 10:21:36 PM GMT DocuSign Envelope ID: 8A3281EC-DF3C-4C85-BF8A-70BBE26C880C