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HomeMy WebLinkAboutContract - Jail Security System Remodel62 ❑ { Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of Wednesday, August 13, 2008 Please see directions for completing this document on the next page. DATE: July 30, 2008 FROM: Susan Ross Property & Facilities 383 6713 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document No. 2008-427, a Contract with Justice Systems Corporation for the Deschutes County Jail Security Electronics Remodel Project PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: On July 9, 2008, Deschutes County issued a notice of intent to award contract to Justice Systems Corporation. On July 23, 2008, the Board of Commissioners listened to a protest filed by a competitive bidder. The Board upheld the original award to Justice Systems Corporation. The form of contract is a standard AIA A101, 2007 version, a Standard Form of Agreement Between Owner and Contractor where the basis of payment is a stipulated sum. This contract is in the amount of $638,700, which includes the base bid and alternates as follows: $545,030 base bid 69,940 alternate A (replace existing black & white cameras with color) 23,730 alternate B (provide additional backup touchscreen system at second work station) The work consists of replacement of all existing control panels with a custom designed multi -node touch screen graphic computer system which will be used for the monitoring and control of doors, intercom and paging systems, and CCTV camera systems, as well as the control of specific utilities (inmate telephone, TV power outlets, normal and emergency lighting circuits). The touch screen system will be interfaced to these systems through the use of a Programmable Logic Controller (PLC) system which integrates the various systems into a single consolidated detention electronics system. The system will also integrate the adjacent existing Work Release Center touch screen and PLC system and facilitate remote takeover of that facility. Work also includes the total replacement of all CCTV switching, recording, and monitoring systems, the intercom system, the visitor's intercom system, and the provision of conduit to support the future expansion of the jail facility. FISCAL IMPLICATIONS: Total contract is $638,700. There is adequate appropriation and cash budgeted in the Sheriffs Offit e funds. RECOMMENDATION & ACTION REQUESTED: Board signature of Document No. 2008-427, a Contract with Justice Systems Corporation. ATTENDANCE: Susan Ross DISTRIBUTION OF DOCUMENTS: Justice Systems Corporation to receive full set 1065 12th Avenue, NE, Suite E3 Issaquah, WA 98027 Init. DESCHUTES COUNTY CONTRACT NO. 2008-427 410, Document A101TM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the in the year (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) Deschutes County 14 NW Kearney Bend OR 97701 Phone 541-383-6713 and the Contractor: (Name, address and other information) Justice Systems Corporation 1065 12th Ave NE Ste E3 Issaquah WA 98027 Phone 425-392-2328 for the following Project: (Name, location, and detailed description) Deschutes County Adult Jail Security Electronics Remodel The Architect: (Nance, address and other information) HK Engineers LLC 15365 SW Division Sherwood OR 97140 Phone 503-625-4443 LEGAL COUNSEL The Owner and Contractor agree as follows. day of This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. *44* Enkle dt i.1$AA> 4f k General Conditions of the Contract for Construction, adopted in this document by reference. Do not use with other general conditions unless this document is modified. The General Conditions are those prepared by Deschutes County. AIA Document A101TM - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 200' by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was created at 14:15:27 MDTon 07/28/2008 under the terms of license ,umber 26001 issued by the American Institute of Architects, and is not for resale. This document is licensed for one time use only and may not be reproduce d prior to its completion. 1 Init. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated bele w or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Date of commencement will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: N/A § 3.2 The Contract Time shall be measured from the date of commencement. AIA Document A101"" — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 200 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was created at 14:15:27 MDT on 07/28/2008 under the terms of license number 26001 issued by the American Institute of Architects, and is not for resale. This document is licensed for one time use only and may not be reproduced prior to its completion. Init. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than two hundred forty ( 240 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantia! Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be six hundred thirty—eight thousand seven hundred Dollars ($ 638,700 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If'the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Base Bid Alternate A Alternate B $545,030 69,940 23,730 § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit See attached spreadsheet, marked Exhibit A § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Paym ;nt issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor is provided below and elsewhere in the Contract Documents. AIA Document A101,11— 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and Will be prosecuted to the maximum extent possible under the law. This document was created at 14:15:27 MDT on 07/28/2008 under the terms of license , dumber 26001 issued by the American Institute of Architects, and is not for resale. This document is licensed for one time use only and may not be reproduce 1 prior to its completion. Init. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the ( 5th ) day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the fifteenth( 15th ) day of the same ( ) month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than twenty ( 20 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of f ive percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 ofWAliottiPVittAtiffliAft&ef401t the General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved ii: advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment a!, provided in Section 9.5 of #I9 nr u etiP1A i4 WV* the General Conditions of th,?. Contract . § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under th following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicab to s ch work ns uns ttl d claims; and (Section 9.8.5 of �iItt quires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of , I >t9$ riitklkl $b(1rl*tl.e General Condit:.ons. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) AIA Document A101TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 20(1 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Tr'iatfes. Unauthorized reproduction or distribution of this AIA® Document, or any portlon.ot it, .may.resuI.t In severe civil and criminal penalties, an will be prosecuted to the maximum extent possible under the law. This document was created at 14:15:27 MDT on 07/28/2008 under the terms of licens+ number 26001 issued by the American Institute of Architects, and is not for resale. This document is licensed for one time use only and may not be reprodu( ed prior to its completion. 4 Init. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Cur t exce t##or he pnttactor's responsibility to correct Work as provided in Section 12.2.2 of 1�litArcf�i' '1 satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER he Ce� i t nera d" The Architect will serve as Initial Decision Maker pursuant to Section 15.2 o fk t un ess the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION a GGene a Co it ion: For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 o�19�cR>1 eItfrifi 1.NOV, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution belowor do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) © Arbitration pursuant to Section 15.4 oficertWatottlthtlIttleM*201Y, the General Condit ion s . ❑ Litigation in a court of competent jurisdiction ❑ Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AM Etkoktritett Yui @fr?c the General Conditions. AIA Document A101TM - 2007. Copyright m 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2007 by The American Institute of Architects. Ali rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Tr.+attes. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, ant will be prosecuted to the maximum extent possible under the law. This document was created at 14:15:27 MDT on 07/28/2008 under the terms of license number 26001 issued by the American Institute of Architects, and is not for resale. This document is licensed for one time use only and may not be reprodur.ed prior to its completion. Init. ARTICLE 8 MISCELLANEOUS PROVISIONS -�ree ra § 8.1 Where reference is made in this Agreement to a provision of �* or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) § 8.3 The Owner's representative: (Name, address and other information) Susan Ross, Property & Facilities Director 14 NW Kearney Bend OR 97701 § 8.4 The Contractor's representative: (Name, address and other information) Paul Allyn, President Justice Systems Corporation § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: BOLI January 2008 wages apply. Progress payments can be held until contractor fully complies with submission of weekly certified payroll reports. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in :he sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AttiftttihMtit * 1+r+2:®0 General Conditions of the Contract for Construction. as developed by Deschutes County. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages Project Specification Manual 5/5/08 498 AIA Document A101 TM - 2007. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 204,7 by The American Institute 01 Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result In severe civil and criminal penalties, an twill be prosecuted to the maximum extent possible under the law. This document was created at 14:15:27 MDT on 07/28/2008 under the terms of !icons 3 number 26001 issued by the American Institute of Architects, and is not for resale. This document is licensed for one time use only and may not be reprodu:ed prior to its completion. § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Criminal Justice Facility Renovation 5/5/08 prepared by HK Engineers § 9.1.6 The Addenda, if any: Number Date Pages A 6/20/08 8 B 6/24/08 1 C 6/24/08 3 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E2011'M-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here any additional documents that are intended to fonn part of the Contract Documents. AIA Document A201- 2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of Aiikli *lintat*t AVO* -*2009.* the General Conditions. ifkattibbttditt# irevis i(E:fit*** fiaitA> alk fox iiis>ttrtaitexianyetiie atrtittitirikkkikeieWAOtettrAom 045110 PO ) DATED this Day of 2008. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair TAMMY (BANEY) MELTON, Commissioner MICHAEL M. DALY, Commissioner ATTEST: Recording Secretary n above. CONT CTOR (Signature PAA( A461A, 00 d ----t (Printed name and titici) 58, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991, 1997 and 2)07 by The :ument Is protected by U.S. Copyright Law and International Treaties. irtlon of It, may result In severe civil and criminal penalties, :find will be ras created at 14:15:27 MDT 0n 07/28/2008 under the terms of lice, se number ocument is licensed for one time use only and may not be repro uced prior to 1.15 UNIT PRICING Include in bid unit pricing for all field equipment provided on the project including but not I mited to: Price U/M 1. Camera with Type A housings, including installation, programming, and documentation. $ 2,310.00 EA 2. Camera with Type D housings including installation, programming, and documentation. $ 2,140.00 EA 3. CCTV Coaxial Cable per foot including cable pull, terminations, wire labeling, engineering, and documentation (w/ conduit and 2 core drills) $ 6.58 LF 4. CCTV Coaxial and power cabling per foot including cable pull, terminations, wire labeling, engineering, and documentation (w/ conduit and 2 core drills) $ 7.08 LF 5. Intercom Stations including installation, programming, and documentation. $ 1,540.00 EA 6. Intercom Station cabling per foot, including cable pull, terminations, wire labeling, engineering, and documentation (w/ conduit and 2 core drills) $ 6.40 LF I, Paul Allyn, hereby attest that any and all change order proposals presented throughout the duration of the project shall utilize and be constrained by the unit prices listed above. 7/2M Paul W Allyn, -s sent