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HomeMy WebLinkAboutContracts & Agreements_75-2019NPS 2.2 (02!6119) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of structured cabling services ("Agreement") is made and entered in this 15th day of April, 2019 ("Effective Date'), by and between the City of Redlands, a municipal corporation ('City") and CalCornm Systems ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE I — ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor to perform structured cabling services for City (the "Services") 12 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 --- RESPONSIBILITIES OF CONTRACTOR 2 1 The Services that Contractor shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 22 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act Pursuant to Labor Code section 1773 2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Capon Street, Suite 15A (Mailing P O Box 3005), Redlands, California 92373 23 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771 6 24 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813 I L 1cakdJm\Agreements\Ca1Comm Systems Agreement.NPS-2 2 A j NPS 2.2 (02/6/19) 25 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection 26 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810 27 Contractor shall comply with the provisions of Labor Code section 1777 5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 28 Pursuant to Public Contract Code section 7103 5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U S C section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, Work or materials pursuant to this Agreement ARTICLE 3 -- RESPONSIBILITIES OF CITY 3 I City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 32 City designates Danielle Garcia, Management Services Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 41 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A " The Services shall commence as of the Effective Date of this Agreement and Contractor shall complete the Services by May 15, 2019, unless the Services are earlier terminated as permitted herein ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 Total compensation for Contractor's performance of the Services shall not exceed the amount of seven thousand forty nine dollars eighty three cents ($7,049 83) City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B," entitled "Payment Schedule for Structured Cabling Services," attached hereto and incorporated herein by reference 52 Contractor shall submit invoices to City describing the Services performed Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, and the number of hours spent and by whom City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 2 L Icaldjm\Agreements\CaiComm Systems Agreement.NPS 2,2_doe jn NPS 2.2 {0216119} 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (m) on the actual delivery date if deposited with an overnight courier, or (tv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section city City Clerk City of Redlands 35 Capon Street P O Box 3005 (mailing) Redlands, CA 92373 idonaldson' bcttyofiedlands orrg (909) 798-7531 Contractor West Tate, Project Manager CalComm Systems 570 Nevada St, Unit B Redlands, CA 92373 .._tatc�lr,.calu�mmsysteii�5 coral 909-798-8829 ARTICLE 6 -- INSURANCE AND INDEMNIFICATION 61 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit "C" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractoi's provision of the Services, hired and non -owned 3 L Icaldjm\Agreements\Ca1Comm Systems Agreement,NPS 2.2.doc.jn NPs 2.2 (02!61[ 9) vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 62 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury of death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLIC rS or INTEREST 71 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 72 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City -s Conflict of Interest Code under Government Code section 87302 73 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk 4 L Icaldam\Agreements\Ca1Comm systems Ag€eement,NPs 2.2 docjn NPS 2.2 (02!6119) ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 82 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in Citys immediate termination of this Agreement 83 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation 84 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination 85 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 86 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any 5 L 1ca\djmlAgreements\Ca[Comm Systems Agreement.NPS 2.2.doc.an NPS 2.2 (0216/19) amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 87 This Agreement shall be governed by and construed in accordance with the laws of the State of California 88 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF MLANDS By ' !L hif ce cConnell, Interim City Manager 6 L 1ca1djm\AgreementslCa1Comm Systems Agreement.NPS 2.2.doc.jn CALCOMM SYSTEMS By- V4—, 9 V;� Wes Tate, Prq}ect Manager NPS 2.2 (02/6/19) EXHIBIT "A" SCOPE OF SERVICES The City of Redlands currently has a need to replace network cabling to enable the transport of data communication to various offices in the Police Department Annex located at 30 Cajon St, Redlands, CA The project scope consists of up to 70 (white) cat -6 network cables for workstations and uplinks, including three new patch panels, as listed in the diagrams below The services to be provided by the vendor shall include the following items Installation Wherever practical, all cables will be installed inside walls and terminated to Cat 6 RJ -45 jacks to finished wall plates Any network cables requiring surface mount should be hidden in raceway Overhead cable bundles should be dressed and secured to building at designated intervals running square with building structure when possible Network cables functioning as uplinks will terminate at designated locations within network racks • Labeling Each cable will be labeled within 6" of each end with a self-adhesive, machine printed label This label will correspond to the port labeling scheme at the workstation outlet Each workstation jack will be identified with a unique identifier using a machine printed label and following customer numbering system Testing All Cat 6 workstation cables will be tested for Cat 6 compliance A soft copy of test results will be provided upon completion of the project As Built Drawings A soft copy of floorplans with workstation/port location and numbers will be provided upon completion of project 7 L 1ca\djm\Agreements\Ca1Comm Systems Agreement.NPS 2.2.doc in NOT TO SCALES. 11 ;L% ICK Ck0.1 t� SY' "t gk '16'. OOP r NOT TO SCALE p ,t 2 8 L \ca\djm\AgreementsNCalComm Systems Agrecinent.NPS 2.2.doc.jii m NPS 2.2 (0216119) EXHIBIT "B" Payment Schedule for Structured Cabling Services Lic4 885004 5 "4 -%'u ada Sr_ Urnt B Rcdlarrds, Cd 9.37, NPS 2.2 (0216119) Estimate Date Estimate 12'2019 3558 Phone 0 =az t IW, Site (909) 751$ 9829 (900) 861 1056 urn caScantn s} stgau coin L1caldlmlAgreementslCaiComm Systems Agreement.NPS 2.2.docln SM To City of Y edlands Sand.a Sanchez €270& Pmk Ave Aedlaads.,CA Q2 --7j Prat -c€ Rep Terms Wes Net is Oe_viptoon Qty state Amount Dual CAT6 cable drop 2 cables setae iocatioa Includes lack and fare p€ete - 175 00 4 75.00 Triple CAT6 cable drop ('a) cables same location includes lack and face plate € 100.00 200.04 CAT6 C�Rbi Quad cable drop 4 CAT6 tables same location. mclntie, parts and labor > 223.00 1 125.00 CAT6 48-pon patch pant 568' 8_ICC 2 24640 492.86T C -kT6 24 -port path pant! 1 1'6.24 126:24T 2 J book ?5 4..214 105 sST Ceding ,upport wire� 6't 12 gauge 0.2> 53.08 1a 27T 140 cam labor -2 man 3astallceihnzwimsandlHooh 181.00 5a>.46 1) Work to be done dung n4n71'dl, business hours 000 0.00 2) All cables to be labeled and tested 3) CalCoront Systems is a C 't contractor ltcewed and boated. 'dotes sato dawapa�3nep' aY stea©g and remaiarz title a: caatpleaoa o`go$ Prices mod fb. a0 days Subtotal 56.931.66 Sales 'sax J7 75%) s57 17 Total S71449-83 Phone 0 =az t IW, Site (909) 751$ 9829 (900) 861 1056 urn caScantn s} stgau coin L1caldlmlAgreementslCaiComm Systems Agreement.NPS 2.2.docln NPS 2.2 (02!6!19) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 186 1) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct CALCOMM SYSTEMS By " ��L Wes Tate, Project Manager 10 L 1ca\djm\Agreements\Ca1Comm Systems Agreement.NPS 2.2.docan Date