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HomeMy WebLinkAbout5.392 Original Contract r/ / , ; t' , . . 5.3Q;L/ CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles ("City") and Watson Furniture Systems ("Contractor") effective October 1, 1995. RECITALS A. The City desires to contract for the manufacture and installation of Communications Console Furniture. B. Contractor desires to perform such professional services and to provide such equipment pursuant to this agreement with the City. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the City and Contractor agree as follows: AGREEMENTS 1. Services and Eauioment. Subj ect to the terms and conditions set forth in this Agreement and Attachments, Contractor shall provide the following professional services and equipment: a. Equipment and services as identified in the quotation attached hereto as Attachment 1 and incorporated herein by this reference. b. Said equipment and services to be installed and provided in accordance with the provisions of the Request for Proposals attached hereto as Attachment 2 and incorporated herein by this reference. 2. Payment. a. Payment for Professional Services and Eauioment City agrees to pay a total of $42,117.47 to the Contractor for the services and furniture herein described in accordance with Attachment 1. The parties agree to the following paYment schedule: City agrees to pay Contractor a 50% (fifty percent) deposit upon execution of the Agreement and the remaining 50% (fifty - 1 - : r' I. percent) balance upon installation of all pieces of equipment and billing by Contractor. b. Additional Services. Any additional services required beyond those set forth in this Agreement shall be performed only if mutually agreed to in writing by the City and Contractor. 3. Responsible Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that the City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Contractor to perform services pursuant to this Agreement, Contractor shall remove any such person immediately upon receiving notice thereof from the City. 4. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all installation tools and equipment which may be required for furnishing services pursuant to this Agreement. 5. Indemnification/Hold Harmless. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor IS liability hereunder shall be only to the extent of the Contractor IS negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the - 2 - work hereunder by the Contractor, its representatives, employees or subcontractors. agents, The Contractor shall provide a Certificate of Insurance evidencing: a. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and, b. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCD) if applicable; and employer's liability; and, Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. 7. Indeoendent Contractor. Both parties understand that Contractor, its agents, employees and subcontractors are and shall at all times remain as to the City wholly independent contractors. Neither the City nor any of its officers or employees shall have any control over the manner by which the Contractor performs this Agreement and shall only dictate the results of the performance. Contractor shall not represent that Contractor or its agents, employees or subcontractors are agents or employees of the City. Except as the City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity - 3 - I . whatsoever as an agent or to bind the City to any obligation whatsoever. 8. Termination. The City may terminate this Agreement at any time without cause immediately upon giving Contractor written notice of such termination. Upon receipt of such notice and if requested to do so by the City, Contractor shall stop work at the stage directed by City and shall deliver all drawings, specifications and documentation developed as of said stage. Contractor shall accept as full paYment for services rendered to the date of termination a pro rata share of the total contract paYment based on the portion of work actually performed. In the event the City elects to terminate this Agreement after Contractor has ordered any non-stock or special materials to fulfill the requirements of this Agreement, the City agrees to pay the full cost of such materials. 9. Notice. Any notice to be given under this Agreement shall be given by enclosing the same in a sealed envelope, first-class postage prepaid and depositing the same in the United States mail, addressed to the party at the following address: CITY: Naomi Wu, Communications Manager PENCOM c/o Port Angeles Police Department 321 East 5th Street Port Angeles, WA 98362 CONTRACTOR: Watson Furniture Systems 12715 Miller Road NE Bainbridge Island, WA 98110 Attention: Linnea Winslow 10. Assiqnment. This Agreement contemplates the specified professional services of Contractor and its employees and it is understood by both parties that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Contractor. Neither Contractor nor City shall assign or otherwise transfer this Agreement or the rights or obligations hereunder without the written consent of the other party. 11. Qualifications. Contractor represents that it and its employees are fully qualified to perform the services under this Agreement. Contractor represents and warrants - 4 - 206-842-4758 WATSON FURNITURE 146 P02 DEe 01 '95 08:28 '. . to the City that Contractor has, and at all times during the performance of this Agreement shall maintain, all licenses, permits, qualifications and approvals of any nature which are required for Contractor to practice Contractor's profession. 12. Applicable Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. 13. Entire Agreement. This Agreement is the entire Agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. This Agreement may be amended only by written agreement signed by both parties. CITY: By'h-4~' -~ TIT: C. · '1 ;v1~"'-V CONTRACTOR: BY:~~ TITLE: I1<:.L ~L.& ,211-.)7 - 5 - - - .. :.,~\. - ...:..:..~ ~ : ~ . '. ~ -~~..; ._~ ~~r:-~"':'::7 ~.~.'" ..:.~:-~_;:.;~~~:...:::_. -.. 10/03/95 16:26 X 206 842 32:'0 r'l 0 1,1 Co P. 01 ATTACHMENT "1" QUOTATION Watson Furniture Systems 12715 Miller Road N.E. Bainbridge Island, WA 98110 (208) 842-6601 No.: 951003 10/3/95 1/1/95 0..,.... U.ILV. Expiration Date: TO: City of Port Angelas 321 E. 5th Street Port Angeles, WA 98362 Attention: City Clerk Becky Upton @ City Hall project: PENCOM Console Furniture As Specified Quantity Description Net Price Extension 1 EA Dual Position Console - Dispatchers $ 18,472.50 $ 18,472.50 Includes: 2 aa CCT003N Pedestal 2 aa CMPP03N Printer Pedestal 2 aa Wrist Rests 1 EA Dual Position Console-Dispatcher/Supervisor $ 17.382.60 $ 17,362.60 Includes; 3 aa CCT003N Pedestal 1 as CMPP03N Printer Pedestal 2 ea Wrist Rests 1 EA Tax $ 3,083.67 $ 3,083.67 1 EA Delivery and Installation $ 3,178.70 $ 3,176.70 TOTAL $ 42,117.47 1. All prices ere net. 2. 50% Deposit with order, net 30 days. 3. Lead time 90 days after receipt of completed purchase order issued to Watson Furniture Systems. Completed Order consists of signed Contract or Purchase Order, Signed Drawings, Signed Color Selection Sheet. ATTACHMENT "I" " . ATTACHMENT 11211 REQUEST FOR PROPOSALS CITY OF PORT ANGELES PENINSULA COMMUNICATIONS CENTER CONSOLE FURNITURE SUPPORT SYSTEM I. OBJECTIVE: The City of Port Angeles is requesting proposals from qualified firms to supply and install a console furniture support system for its public safety dispatch center. II. SCOPE OF PROJECT: Peninsula Communications Center is located within the Port Angeles Police Department. Planning to move the center into a renovated space is currently being performed. The goal of this renovation is to increase working space allowing room for three dispatch positions and a call taker/supervisor position on the work floor. This project requires replacing existing Motorola Centra com II console cabinets with an ergonomically designed, functional console furniture support system which compliments and enhances the renovation. J III. NATURE OF PRODUCT: This system will support workers who are critical to the safety and welfare of Clallam County's citizens and emergency responders. The only furniture systems which will be considered are proven, reliable, high quality systems maintained and supported by companies with impeccable professional reputations, stable financial conditions and demonstrated excellence. IV. SPECIFICATIONS: A. SYSTEM DESCRIPTION. The Console Furniture Support System must meet the following descriptive items and are ranked in order of importance: 1. Ergonomics. To reduce the incidence of occupational injuries, the console system must provide keyboard platforms with adjustable height and tilt. CRT monitors must be free standing and allow for adjustments in pan and tilt permitting individuals to change positions during their shift thereby reducing repetitive stress injuries, neck and back strain. Adequate storage must be provided for CPU equipment in an accessible cavity area keeping the knee space below the consoles unobstructed to allow communications officers a full range of movement to reach necessary equipment. The system must comply with ADA requirements to accommodate standard wheelchairs and with OSHA guidelines concerning musculoskeletal disorders. 2. Console Durability/Adiustability/24 Hour Use. The console system must be constructed of durable materials that will stand up to the 24 hour use environment of a dispatch center (see Material specifications). The system must also be Page 1 ATTACHMENT 112" ~ ," ~ .. designed to provide the previously mentioned ergonomic adjustments to multiple users in a 24 hour period allowing each worker to tailor the work environment to fit his/her needs. 3. Console Modularity/Panel Heights. The console system must be provided from standard, previously manufactured items that have the capability of adding onto or reconfiguring at a later date. The height of the console walls must not exceed 48". B. MATERIALS SPECIFICATIONS. 1. Acoustical Cavity Partitions. Soft surface panels must be solid core of minimum 47 pound density 1" thick core material pressure bonded with a high pressure laminate on both sides to prevent deflection, then covered with a 1/8" high density fireproof sound absorbing subsurface above 30" on the worker side, and full height on the outside. A covering of 100% polyester Teflon coated fabric overlay should meet all local and state fire codes. Top edges of these partitions should be treated in a long wear, replaceable, washable trim. All fasteners should be completely concealed. These partitions must be sturdy enough to mount all electronic accessories, including monitors, without compro~ising the integrity of the system. 2. Mounting Posts. Posts should be constructed of minimum 14 gauge steel tubing. Fastener locations should be drilled to accept partitions at both previously mentioned locations. Finish should be in fabric to match acoustical partitions and the top edges should be treated in a long wear, replaceable, washable trim. Leveling glides must be an integral part of the system to accommodate uneven floors. 3. Writing Surfaces. All writing surfaces must be a minimum 47 pound density 1-1/8" thick core material, pressure bonded with a high pressure plastic laminate top and sealing backing sheet of laminate on the underside to prevent deflection. Any writing surface with a span of 48" or more should have additional support members under the surface as well. Grommets for wire access below surface and into the cavities should be a minimum of 1-1/2" x 3-1/2" and spaced a maximum of every 20" at the rear of the primary writing and CRT surface. All exposed edges should be treated in a high impact vinyl. NO LAMINATE EDGES ON WRITING SURFACES WILL BE ALLOWED. 4. Pedestals. Drawer pedestals should be constructed of a minimum of 47 pound density 3/4" thick core material, pressure bonded with high pressure plastic laminate on both sides to prevent deflection. Drawer hardware should be full extension, precision ball bearing construction. All file drawers must have built-in pendaflex capability. The pedestal itself should be finished on all sides for use outside the console and should have dual-wheel front-locking casters. A high impact vinyl edge material must be used for safety reasons. NO LAMINATE EDGES WILL BE ALLOWED. Page 2 5. Ed<Je Material. Vinyl edging material shall be a minimum 1/8" thigh thermoplastic vinyl extrusion with self healing properties against abrasion. Color must match console edging. 6. Cavities and E.I.A. Racks. Approved material for racks is tempered aluminum or steel. All racks must be grounded using a minimum #6 stranded, insulated copper wire with a screw lug/star washer connection. E.I.A. mounting capability based on 19" is a must for both the racks being accessed by the workers and for any inside cavity racks. It will be necessary to provide two (2) sizes of cavity depths; 14" for single sided and 21-1/2" for dual sided where consoles are back to back. Each cavity should include aforementioned E.lA racks, a shelf for mounting CPU's or other items, and wire management trays for bundling phone, power, computer, and radio wiring. Access to these cavities must be through the top, bottom, front and either the rear on the single positions or the side on the dual positions. Each cavity cap should have grommet hole locations for cable drops and must be vented to prevent heat build up. 7. Laminate. Must meet ANSI/ASMrt A 17.1; 1986 requirements for Class "B" laminates. Must provide a non-glare matte finish. 8. Fabric. The fiber content must be 100% polyester with an abrasion resistance meeting ASTM 0-3597 MVPTS-198 standards and a Teflon-like finish to repel staining. The flammability requirements must meet ASTM E-84 (Tunnel Test) for Class A or 1 and the State of California Technical Bulletin 117 Sec. E (SC-191-53). 9. Articulating Keyboard/Mouse Platforms. This articulating keyboard/mouse platform must comply with ADA requirements to accommodate all standard wheelchairs. Minimum width to accommodate a standard keyboard and mouse should be 30" Minimum to maximum height adjustment for the keyboard should be from 23-3/4" to 29-3/4" with a tilt of at least +5 degrees to -3 degrees to meet ANSI/HFS standards. Knee clearances under the keyboard platform must be a minimum of 23.5", all dimensions required to meetANSI/HFS and ADA requirements to allow for wheelchair access. 10. Electrical. Each console must include a minimum of ten 3-prong outlets on a surge protected power block that includes a circuit breaker. In addition, wire management trays should be included for power, computer, and phone cables. 11. Wrist Rests. Each console must include a wrist rest which will rest on the keyboard platform and have an adjustable height pad for the wrist area. C. WARRANTY/SERVICE. The console furn iture support system must be warranted to be free from defects in material and workmanship for at least two (2) years. When service of the support system cannot be handled by a local dealer or service shop, the manufacturer must Page 3 send a factory representative to the installation. D. VENDOR EXPERIENCElREFERENCES. Only bidders with previous, successful installations will be considered. A list of a minimum often (10) public safety centers, with contact names, addresses and phone numbers, installed in the past 2 years should be provided. In addition, all bidders must include a complete listing of all public safety installations in the past five (5) years. E. SPACE PLAN. The renovated space is unusually shaped and is 562.5 =/- square feet in size (refer Attachment 1). The floor plan is available on diskette for AutoCad Release 12 for Windows if desired. The room will have three dispatch positions of the 90 degree variety, each with two side wings to accommodate a total of 12 each 5-1/4"x19" rack spaces per position. The primary corner surfaces must be sized to accept up to two each 20" monitors side by side on the same viewing height. The depth must be of sufficient size to address the desired focal length adjustments and provide adequate ventilation for the monitors. Each console will need to have an articulating keyboard platform centered on the corner surface. Each console will need one drawer pedestal with two box drawers and one file drawer as well as a 24" wide printer pedestal. Each e<j>mmunications officer must be able to easily communicate with the other positions visuarty and verbally. Shared equipment must be within reach of at least three positions. Refer Attachment 2 for a complete list of equipment presently housed in each console cabinet. F. COLOR SCHEME. Colors are to be selected from manufacturer's standards. G. INSTALLATION. The installation should be scheduled as soon as the successful bidder completes the manufacturing process and shall take 1 day or less to complete. Coordination with Naomi Wu, Communications Manager, will be necessary to avoid any down time for emergency dispatching while installation is taking place. V. CRITERIA TO BE USED IN EVALUATING PROPOSALS: A. PROJECT PROPOSAL - Clarity, format, level of detail and responsiveness to the RFP. B. SIMILAR PROJECTS - Evaluation of the firm's experience with similar projects to the one proposed. Provide a detailed description of two projects VERY SIMILAR in size and scope to this one. These sites should be within a 250 mile radius from Port Angeles. Include references. C. PROJECT MANAGER - Qualifications, experience and ability of the person proposed to manage the project. Describe the project management concept to be employed and identify how costs will be managed and controlled D. INNOVATION/APPROACH - The innovativeness and creativity of the firm as evidenced by the proposal and similar projects. Page 4 " E. PRICE PROPOSAL. F. PROPOSAL FORMAT - Provide the information in order listed and in an organized manner. The proposal must be typed on letter size (8.5"x11 ") stationery. The proposal will not exceed 20 double-sided or 40 single-:sided pages (resumes will not be counted against page totals). VI. PROVISIONS: A. The City of Port Angeles assumes no contractual obligations by issuing the RFP, by accepting and evaluating vendor responses, or by making a preliminary vendor selection. B. The City of Port Angeles reserves the right to accept or reject any or all responses and to waive any minor irregularities. C. Any cost incurred by the vendor in the preparation of a proposal will be borne solely by the vendor and the proposal will become the property of the City of Port Angeles. D. The City of Port Angeles reserves the rightJo amend the RFP at any time prior to final selection by transmittal of an addendum to a parties. E. The City of Port Angeles reserves the right to accept the proposal it considers most responsive and qualified. F. Prior to commencing work on this project, the City and vendor will meet to settle contract details. No work may begin prior to formal review and approval of the proposal and award of the contract by the City Council. A letter informing the vendor of the City's award will constitute the notice to proceed. VII. SUBMISSION DEADLINE: Six copies of the above information shall be delivered to the City of Port Angeles, attention" City Clerk Becky Upton at City Hall, 321 East 5th Street, P. O. Box 1150, Port Angeles, WA 98362 by 5:00 p.m. February 28, 1995. The City of Port Angeles is an Equal Opportunity Employer. Women and Minority vendors are encouraged to apply. Should you have any questions, please contact Naomi Wu at (360) 452-0395. Page 5 ,'. ..- r " - ATTACHMENT 1 ..~ DO ~] 0 SUPPORT ~ POST POLICE LOBBY o:n <0 "- " <D I '" -'---- 12 1 1/4" j COMM. CEN TER I 109 I 5625 SF +/- '" "- ") I ~I i 10 '0 3/4" VERIFY 11" 8 11 3/4" I X;;~I I I I 10 I II I 'I'G I STOR 3/16" l' . . ! , ,. -.. A lTACHMENT 2 EQUIPMENT INVENTORY Each dispatch position is currently housed in a Motorola Centracom II console. The Motorola radio equipment occupies 1-10 1/2" x 19" bay, 1-51/4" x 19" (half) panel and 7 1/2" of a second half panel at each console. Position One- Telephone: 1 Plant Equipment, Inc. 50 Line Flush Mount MAARS/APU (101/2" x 19") 1 Zetron Model20R Message Repeater (51/4" x 19") Computer Aided Dispatch: 1 IBM 3477 13" terminal & keyboard Paging System: 1 Zetron Model 25 P/ogrammable Encoder (5 1/4" x 19") 1 Zetron Model 25 Instant Call Panel (5 1/4" x 19") TOO: 1 Zetron Model 3030 PSAP TOO & Keyboard (5 1/4" x 4 1/4") 1 Zetron Model 3031 TOO Printer (51/4" x 4 1/4") Personal Computer: 1 AST Bravo LC 4/25S Computer with Keyboard & Mouse 1 Mitsubishi SVGA 13" Monitor 1 Okidata Microline 590 24 Pin Printer Position Two - Telephone: 1 Plant Equipment, Inc. 50 Line Flush Mount MAARS/APU (101/2" x 19") 1 Aiphone Model TB24H - wall mount intercom phone set 1 National Warning System (NAWAS) desk top telephone set manufactured by Communications Laboratories (we prefer to have this mounted on the console) Computer Aided Dispatch: Same as position one. Paging System: Same as position one. Personal Computer: Same as position one Back Up Radios: 2 Midland Radios & Microphones, 2" x 3 1/2" x 7" Other: 1 Uniden Bearcat Scanner Model BC560XL T 1 Uniden Citizen Band Radio Model PC 55 TX & Microphone " .~ ,. Position Three- Telephone: Computer Aided Dispatch: Paging System: Personal Computer: Back Up Radios: Other: Call TakerlSuDervisor Position - Telephone: See position one. See position one. See position one. See position one. See position two. 1 Uniden Citizen Band Radio PC55 TX & microphone. This is currently a desk position. It must be capable of expansion to a full console position. See position CERTIFICATE OF INSURANCE I ISSUE DATE (MMIDDIYY) I n 3/05/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Campbell Galt & Newlands, Inc. COMPANIES AFFORDING COVERAGE 708 SW 3rd Avenue, #400 COMPANY Portland, OR 97204-2495 LETTER A Houston General COMPANY B LETTER Houston General INSURED COMPANY C Watson & Associates Inc. - LETTER --- . . .. - - Watson Furniture SysteU:s COMPANY 12715 Miller Rd NE LETTER D Bainbridge Is!, W A 98110 COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED I1EREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS TR DATE (MMIDDIYY) DATE (MMIDDIYY) A GENERAL LIABILITY CMP9423158 3/15/96 3/15/97 GENERAL AGGREGATE 2000000 - X COMM. GENERAL LIABILITY PROD-COMP/OP AGG. 2000000 I CLAIMS MADE [iJOCC. - PERS. & ADV. INJURY 1000000 .ll OWNER'S & CONTRACT'S PROT : EACH OCCURRENCE 1000000 ~ - - FIRE DAMAGE(One FIre) 50000 , MED. EXP. (One Per) 5000 B AUTOMOBILE LIABILITY CMP9423158 :3/15/96 3/15/97 COMBINED SINGLE 1000000 - .. -X. ANY AUTO LIMIT -.. . . - ---- - - - - - - - - t ALL OWNED AUTOS BODILY INJURY - SCHEDULED AUTOS (per person) - .ll HIRED AUTOS BODILY INJURY ~ NON-oWNED AUTOS (per accIdenl) GARAGE LIABILITY I-- PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE R~MBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM I STATUTORY LIMITS WORKERS' COMPENSATION EACH ACCIDENT AND DISEASE-POLICY LIMIT EMPLOVER'S LIABILITY DISEASE-EACH EMP. OTIlER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS CITY OF PORT ANGELES IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS THE OPERATIONS OF THE NAMED INSURED RE: PENCOM PROJECT #282300 CERTJFlCATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF PORT ANGELES,ATTN: LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR NAOMI,PENCOM, % PORT ANGELES LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. POLICE DEPT.,321 E. 5TH ST. .&$ PORT ANGELES, W A 98362 AUTHORIZED P4..~ ~ ACORD 25-S (7j9t)} "l~ .,~ 5. ~q~ PROJECT MANUAL Communications Console Modification SCOPE OF WORK Manufacture two flat surfaced Basik 5 console desk extensions matching fabric and laminate. Remove existing Basik 5 console desk extensions with equipment rack mounts and install the newly manufactured extensions in their place. All work to complete the installation, including the furnishing of all plant, labor, tools, equipment and material needed in the placing of all necessary furniture and appurtenances, is included in the quote. ADDITIONAL REQUIREMENTS 1. The most recently issued Washington State Prevailing Wage Rates for Clallam County shall apply to this Contract. These can be accessed on the Internet at www.lni.wa.gov/prevailingwage/Default.htm. 2. Because this Contract is for an amount less than $35,000, a performance and payment bond, and retainage will not be required for this work. However, the City shall have the right of recovery against the Contractor for any payments made on the Contractor's behalf. 3. The performance period for this work is 90 working days. Contractor is to mobilize and start work within 10 working days of Notice To Proceed. 4. The attached Warranty shall become part ofthis Project Manual. 5. The attached Quotation shall become part of this Project Manual. 6. The attached Drawings, of which there are three, shall become part of this Project Manual. Page 1 of 1 . PUBLIC WORKS CONTRACT This Contract is made and entered into, in duplicate, this 4th day of February, 2003 by and between the City of Port Angeles, a non-charter code city olthe State of Washington, hereinafter referred to as the City, and Watson Furniture Group, a 1.0& ~arJ , hereinafter referred to as the Contractor. WITNESSETH: Whereas, the City desires to have certain public work performed as hereinafter set forth, requiring specialized skills and other supportive capabilities; and Whereas, the Contractor represents that it is qualified and possesses sufficient skills and the necessary capabilities to perform the services set forth in this Contract. NOW, THEREFORE, in consideration ofthe terms, conditions, and agreements contained herein, the parties hereto agree as follows: 1. Scope of Work. The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the following project: Communications Console Modification in accordance with and as described in this Contract and the Project Manual, which include the attached plans and scope of work, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this Contract, except as may otherwise be provided in the Project Manual. 2. Time for Performance and Liquidated Damages. a. Time is of the essence in the performance of this Contract and in adhering to the time frames specified herein. The Contractor shall commence work within 10 working days of Notice to Proceed, and said work shall be physically completed within 90 working days after commencing work, unless a different time frame is expressly provided in writing by the City. b. If said work is not completed within the time for physical completion, the Contractor may be required at the City's sole discretion to pay to the City liquidated damages of $25 for each and every day said work remains uncompleted Page 2 of 2 after the expiration of the specified time. 3. Compensation and Method of Payment. a. The City shall pay the Contractor for work performed under this Contract as detailed in the quotation, at the completion of work and submission of a detailed invoice. b. Payments for any alterations in or additions to the work provided under this Contract shall be on a negotiated time and materials basis. 4. Independent Contractor Relationship. The relationship created by this Contract is that of independent contracting entities. No agent, employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative of the City, and the employees of the Contractor are not entitled to any of the benefits the City provides for its employees. The Contractor shall be solely and entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors, or representatives during the performance of this Contract. The Contractor shall assume full responsibility for payment of all wages and salaries and all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, workers compensation insurance, social security, and income tax withholding. 5. Prevailing Wage Requirements. The Contractor shall comply with applicable prevailing wage requirements of the Washington State Department of Labor & Industries, as set forth in Chapter 39.12 RCW and Chapter 296-127 WAC. The Contractor shall document compliance with said requirements and shall file with the City appropriate affidavits, certificates, and/or statements of compliance with the State prevailing wage requirements. The Washington State Prevailing Wage Rates For Public Works Contracts, Clallam County, incorporated in this Contract have been established by the Department of Labor & Industries and are included as an Attachment to this Contract. The Contractor shall also ensure that any subcontractors or agents of the Contractor shall comply with the prevailing wage and documentation requirements as set forth herein. 6. Indemnification and Hold Harmless. a. The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers against and from any and all claims, injuries, damages, losses, or lawsuits, including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. It is further provided that no liability shall attach to the City by reason of entering into this Contract, except as expressly provided herein. b. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event ofliability for damages arising out of bodily Page 3 of 3 injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 7. Insurance. The Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Failure by the Contractor to maintain the insurance as required shall constitute a material breach of contract upon which the City may, after giving five working days notice to the Contractor to correct the breach, immediately terminate the Contract or at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, off set against funds due the Contractor from the City. a. Minimum Scope of Insurance The Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be written en Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 11. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 Oland shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured Contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. Page 4 of 4 Ill. Workers Compensation coverage as required by the Industrial Insurance laws of the State of Washington. b. Minimum Amounts of Insurance The Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1 ,000,000 per accident. 11. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. c. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. 1. The Contractor's insurance coverage shall be primary insurance as respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. 11. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. e. Verification of Coverage The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 8. Compliance with Laws. a. The Contractor shall comply with all applicable federal, state, and local laws, including regulations for licensing, certification, and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or Page 5 of 5 criteria as set forth in the Project Manual. b. The Contractor shall pay any applicable business and permit fees and taxes which may be required for the performance of the work. c. The Contractor shall comply with all legal and permitting requirements as set forth in the Project Manual. 9. Non-discrimination. The parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: a. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above-stated minorities. b. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above- stated minority status. 10. Assignment. a. The Contractor shall not assign this Contract or any interest herein, nor any money due to or to become due hereunder, without first obtaining the written consent of the City, nor shall the Contractor subcontract any part of the services to be performed hereunder without first obtaining the consent of the City. b. The Contractor hereby assigns to the City any and all claims for overcharges resulting from antitrust violations as to goods and materials purchased in connection with this Contract, except as to overcharges resulting from antitrust violations commencing after the date of the bid or other event establishing the price of this Contract. In addition, the Contractor warrants and represents that each of its suppliers and subcontractors shall assign any and all such claims for overcharges to the City in accordance with the terms of this provision. The Contractor further agrees to give the City immediate notice of the existence of any such claim. 11.. Contract Administration. This Contract shall be administered by ~A*<>IL ~~ M~ on behalf of the Contractor and by Naomi Wu, Communications Manager, on beh~lf ofthe City. Any written notices required by the terms of this Contract shall be served or mailed to the following addresses: Page 6 of 6 Contractor: City: U)~rJ n)(u..IIT~ ~~,:rm.. Zeal2..1fV I~ ~ <4)NE; f\)W {>row.e,o, W~ Q6?i70 City of Port Angeles P.O. Box 1150 321 East Fifth Street Port Angeles, W A 98362-0217 1. Interpretation and Venue. This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first set forth above. CONTRACTOR: CITY OF PORT ANGELES: -(fJ M~~ r1Aw,'n.vl,c. buJlP, -.:w-e.... Name of Contractor By: By: ~,,_. --- --- Mayor Title: ~ Attest: ~&t~~~' 1-JrsW-^ - \ \ Page 7 of 7 U11 l:1I1 l:UU;J Wr.V 14; 4l: t-A.\ ;JtlU;J1I41;Jl:;J WAT::JUN Vl::Jt'AlCH IlLIUUl:/UUl: ~ ~ T S ON W DISPATCt-t TO PENCOM PORT ANGELES POLICE DEPARTMENT FOR DISPATCH CONSOLE FURNITURE 3-YEAR WARRANTY CERTIFICATE Watson warrants to the original Customer for a period of three (3) years from the date of shipment, that the Products It manufactures are free from defects in craftsmanship and matenals found in normal usage of the products during the warranty period. Should any failure to conform with this warranty appear to a Product during the applicable warranty period, Watson shall, upon prompt written notice, repair or replace the affected part or parts. All separate component parts not manufactured by Watson (keyboard mechanisms, power and data devices, Personal Comfort Controls, Lighting, Wrist and Foot Rests etc.) will also be covered under this warranty. When a local dealer or service shop cannot handle service of the workstation system, the manufacturer will send a factory representative to the installation. This warranty does not apply to: Normal wear and tear, console furniture installed by a non-factory trained installer, products subjected to improper use or conditions, damage resulting from; misuse, negligence, accident or alterations. Except as stated above, Watson makes no express or implied warranties as to any product and in particular makes no warranty of fitness for any particular product except for use as standard communication console furniture. Product repair or replacement is the customer's exclusive remedy for any and all product defects. The remedies provided above are the Customer's sole remedies for any failure of Watson to comply with its obligations regarding workmanship of its products. 06/12/2002 WED 09:04 FAX 3603941323 WATSON DISPATCH I-l2J 002/005 QUOTATION Watson Furniture Group 26246 Twelve Trees Lane NW Poulsbo, WA 98370 (360) 394-1300 No.: 020612WN1 Date: 6/12/02 Expiration Date: 9/11/02 - - To: PENCOM Attn: Naomi Wu PROJECT: New Extension Parts Quantity Description Unit Extension 3 ea. Basik 5 Single Extension Parts $1,830.00 $5,490.00 Includes; 48"wide Left Hand Desk Extension Top 4854 Fabric Panel with Door 4828 Front Cavity Panel with Door Support Leg 2 ea. Basik 5 Dual Extension Parts $2,370.00 $4,740.00 Includes: 48"wide Right Hand Desk Extension Top 48"wlde Leftt Hand Desk Extension Top 4840 Fabric Panel with Door 4828 Front cavity Panel with Door Support Leg 6 ea. Desk Top Phone Mounts (4-HigH) $505.00 $3,030.00 1 ea. Installation and Delivery Charges $2,535.00 GRAND TOTAL _$15,795.00 1. Taxes are not induded. State and Local taxes will apply unless proof of exempt/on is provided with the Purchase Order. 2. 50% Deposit with order/ Net 30 days from Shipment of Product. J. Chairs are for representational pur~s only. 4. Lead time 60.90 days after receipt of purchase order issued to Watson Furniture Systems. Completed Order Consists of s" 'f7M Contr;Jct or Purchase Order. 5/1 '/7ed drawln 'S. Sf ned Color Selection Sheet and De 'Sit PENCOM.xls 06/12/2002 WED 09:04 FAX 3603941323 WATSON DISPATCH ~ 003/005 S'-6" 6' ,3' - t N I f'f) N :: .q- ~ '2' 2" 5'-4%" r 11 '-2" Please verify all dimensions on this drawing to be correcL This drawing is the property of Watson Furniture Systems. Inc. and is not to be reproduced. copied or otherwi_~e utilized without the Drior written oermission of Watson Furniture Systems Inc. PROJECT; PENCOM DRAWN By: DATE CI-tECKED BY: DATE OPTION Fli WA TSON CLIENT: COMMUNICATIONS CENTeR WN 6L 11/02 BASIK 5 ----oF DISPATCH - NEW EXTENSIONS LOCA TION: PORT ANGELE~, WA 26246 Twelve Trees Lane REV Poulsbo. WQ'lihil'lgtol'l 98.370 FROJEaAGER: WN Fill:: SCALE: (800) 426-1202 ~ EE~r OM 3/16" IApPROVE ~ We- DATE ..4,L./-a = I' 06/12/2002 WED 09:04 FAX 3603941323 WATSON DISPATCH ~ 004/005 I. 17'-4 7/8" -I o o 8'-9 1/8" SUPV o 0 3' - 4" 4' - 6" ~ Please veriry 011 dimensions on th is drowin 9 to be correct. 1 his drawing is the property of Watson Furniture ;;ystems, Inc. and is not to be reproduced, copied or otherwise utilized without the orior written permission of Watson Furniture Systems. Inc. I"'G- PROJECT: PENCOM DRAWN By, DATE CHECKED BY: DATE OPT ION WATSON CLIENT: COMMUNICA TIONS CeNTER WN 6/II/O? BASIK 5 "oF DISPATCH - NEW EXTENSIONS LOCATION: PORT ANGE=1 FS. WA 26246 Twelve Trees Lane REV Poulsbo, WashIngton SU~70 PROJECT MANAGER: WN FILE: SCALE: (800) 426-1202 APPROVE~{ u.a- DATEdJ~a; l/L.." PFNrOM~1 = I' w 06/12/2002 WED 09:04 FAX 3603941323 WATSON DISPATCH @005/005 . !!l 8'-9 1/8" 1- 17'-4 7/8" .1 Q 0 ... I 3'-4" 4'-6" ~ Please verify all dimensions on this drawing to be correct. ---'This drawing IS the property of Wotson rurniture Systems, Inc. and is not to be reproduced, copied or otherwise utilized without the rior written ermission of Watson Furniture S stems. Inc. PROJECT; PENCOM DRAWN By: DATE CHECKED BY: DATE CLIENT: COMMUNICATIONS CENTER WN 6L 11/02 LOCATION: PO~T ANGELES. WA 26246 Twolve Trec:s ~Qno Poulsoo, Woskington 98370 PROJECT MANAGER: WN FILE: (BOO) 426-1202 _ ./1... _ _ ' / I IJ .( J/ Af'f'ROV ~ LA.....t}--- DATE 01- ,-0 PFNCOM3? WATSON DISPATCH OPT I ON BASIK 5 NEW EXTENSIONS OF REV SCALE.; I/L." :;; I'