HomeMy WebLinkAboutContracts & Agreements_86-2020 NPS 2 t (2/26/20)
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of a CUES DUC camera system and GraniteNet
software ("Agreement") is made and entered in this 5th day of May, 2020 ("Effective Date"), by
and between the City of Redlands, a municipal corporation ("City") and Plumbers Depot, Inc
("Contractor") City and Contractor are sometimes individually referred to herein as a "Party"
and, together, as the "Parties " In consideration of the mutual promises contained herein, City
and Contractor agree as follows
ARTICLE 1 —ENGAGEMENT OF CONTRACTOR
I 1 City hereby engages Contractor for the provision of a CUES DUC camera system and
GraniteNet software for City(the"Services")
1 2 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— SERVICES OF CONTRACTOR
2 1 The Services that Contractor shall perform are more particularly described in Exhibit
"A," titled "Scope of Services," which is attached hereto and incorporated herein by
reference
2 2 Contractor shall comply with applicable federal, state and local laws and regulations in
the performance of this agreement including, but not limited to, State prevailing wage
laws
ARTICLE 3 —RESPONSIBILITIES OF CITY
3 1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services
3 2 City designates Rudolph Chow, Municipal Utilities and Engineering 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
4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A," which is attached hereto and
incorporated herein by reference The Services shall commence as of the Effective Date
of this Agreement
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4 2 Contractor shall complete the Services by June 30, 2020, unless the Services are earlier
terminated as permitted herein
4 3 If Contractor's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
City Council adopted policy for the same It shall be the obligation of Contractor to
obtain a copy of such policy from City staff
ARTICLE 5 —PAYMENTS TO CONTRACTOR
5 1 Total compensation for Contractor's performance of the Services shall be in the amount
of Ninety-Three Thousand Seven Hundred Forty-Two Dollars and Fifty Cents
($93,742 50) City shall pay Contractor in accordance with Exhibit "B," titled
"Contractor Proposal"which is attached hereto and incorporated herein by reference
5 2 Contractor shall submit an invoice to City upon completion of the Services City shall
pay Contractor no later than thirty (30) days after receipt and approval by City of
Contractor's invoice
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, (iii) on the actual delivery date if deposited with an overnight
courier, or (iv) 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 Contractor
City Clerk Miguel Martin,Vice President
City of Redlands Plumbers Depot, Inc
35 Cajon Street 3921 W 139th Street
P 0 Box 3005 (mailing) Hawthorne, CA 90250
Redlands, CA 92373 miguel martin@plumbersdepotinc corn
jdonadlson@cityofredlands org (310) 259-5542
(909) 798-7531
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6 1 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
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statutory requirements with an insurance earner 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,"
titled "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 earners 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 Contractor's provision of the Services, hired and non-owned
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
6 2 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 or 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—CONFLICTS OF INTEREST
7 1 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
7 2 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
(1) 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,
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(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
7 3 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
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
8 2 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 City's immediate termination of this Agreement
8 3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor any 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
8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than ten (10) 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, drawings, specifications, reports, summaries and such
other information and materials as may have been accumulated by Contractor in
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performing the Services Contractor shall be compensated on a pro-rata basis for Services
completed up to the date of termination
8 5 Contractor shall mamtam books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a penod 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
8 6 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
amendment to this Agreement shall be in writing, approved by City and signed by City
and Contractor
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
8 8 If one or more of the sentences, clauses, paragraphs or sections contained m 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 authonzed representatives of City and Contractor have
signed in confirmation of this Agreement
CITY OF REDLANDS Plumbers Depot, Inc J
By. By
P W Foster, Mayor Miguel Martin, Vice President
ATTEST
4/144/0"
e Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Plumbers Depot Inc shall provide the following services associated with City's need for the
purchase and installation of the CUES DUC camera system and GraniteNet software
1 Purchase equipment and software in accordance with the specifications listed below
2 Re-terminate both ends of existing gold cable to HD terminations
3 Install secondary HD slip ring at reel
4 Install DUC camera
5 Install digital video interface, footage buffer, system select box and HD wiring harness
6 Install rack mounted computer
7 Install printer and UPS unit
8 Test unit
9 Provide necessary training to staff to adequately operate the camera system and software
10 Work to be completed no later than June 30, 2020
11 Final invoice to be submitted promptly upon completion of work and no later than June 30,
2020
12 Specifications
1 HD DUC STR-ON CAMERA ASSEMBLY SYSTEM TO INCLUDE
1 Single,Forward Viewing,Digital Camera with Fisheye Lens
1 For Inspection of 6" -60" Diameter Pipes
1 Strobing LED Lighting System
1 Protective Skid Kit for Front Dome of DUC Camera,for 6"pipe
1 Computer System with Digital Camera Software(see below for component list)
I All necessary connectors and interface cables for reel conversion
1 Sell with dome protector
1 EXISTING GOLD CABLE TO HD CABLE TERMINATION RETRO KIT
2 HD CABLE TERMINATION TO STANDARD 12-PIN TERMINATION ADAPTER CABLE
1 DUC CAMERA TO WHEELED TRANSPORTER WITHOUT LIFT ADAPTER CABLE KIT
I DUC CAMERA TO WHEELED TRANSPORTER WITH ELECTRIC LIFT ADAPTER CABLE KIT
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1 RETRO FIT EXISTING CUES SYSTEM FOR HD CAMERA USE
I Sealed Continuous Contact Video Connection for HD
1 Digital Video Interface
1 Footage Buffer Assembly
1 System Select Enclosure
1 HD Wiring Harness
1 DUC SYSTEM TEST CABLE
1 [RACK MOUNT] COMPUTER HD Ready GraniteNet PREMIUM TO INCLUDE(MINIMUM) * **
1 Motherboard with Intel 8th Gen LGA 1151 Socket,Intel Z370 Chipset
1 Intel Core i7-8700 Processor at 3 2 GHz
1 Intel UHD Graphics 630 with HDMI/DVI/VGA
1 8 GB DDR4 RAM,2400 MHz
2 Intel Gigabit Network adapters
1 Intel AC 7265 Dual Band Wireless adapter, 802 11 alb/g/n/ac
1 Bluetooth 4 2
6 USB 3 1 Gen 1 ports(4 rear,2 front)
2 USB 3 1 Gen 2 ports(1 typy A, 1 type C)
1 250 Gigabyte M 2 Solid State Drive
1 1 Terabyte SATA Hard Drive,7200 RPM
1 DVD+/-RW Optical Drive
1 USB Video Capture Device for MPEG 1 12/4/WMV
2 RS232 Serial Comm Ports
1 500 Watt 1U ATX Power Supply
1 Industrial Hardened Case Slim 2U Design for 19" Rack
1 Windows 10 Professional 64-bit Operating System
1 GraniteNet Premium Software
1 Visual Display Adapter,2 GB,HDMI/DVI display output
*Spec for computers can change without notice
**International Configuration may vary to comply with the U S Department of Commerce, Bureau of
Industry& Security regulations on export of technology
1 USB BLACK COMPUTER KEYBOARD AND MOUSE
1 HP OFFICEJET COLOR PRINTER
1 UPS TO INCLUDE THE FOLLOWING
1 Input 120-Volt/Output 120-Volt,Interface Port USB
1 CD with Software
1 Cord Management Straps
1 GraniteNet PREMIUM SOFTWARE SUPPORT PLAN
1 DUC REVIEW MODULE GraniteNet SOFTWARE
1 DUC FLAT GEN MODULE GraniteNet SOFTWARE
1 DUC VIDEO REC MODULE GraniteNet SOFTWARE
I INSTALLTION/TRAINING, ON-SITE(FOUR DAYS)
1 COMPONENT DELIVERY
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EXHIBIT "B"
CONTRACTOR PROPOSAL
ITEM DESCRIPTION QTY PRICE TOTAL
Misc-It Retrofit Cues Camera to HD DIGITAL SIDE-SCANNING CAMERA see below
************BUDGET QUOTE************
Misc-It DIGITAL SIDE SCANNING CAMERA SYSTEM RETRO
62 000 00 62 000 00
1HD DIGITAL SIDE SCANNING CAMERA
'Single,Forward Viewing,Digital Camera with Fisheye Lens
'For Inspection of 8" 48"(203 2mm- 1219 2mm)Diameter Pipes
1 Strobing LED Lighting System
2HD CAMERA TO WHEELED TRANSPORTER ADAPTER CABLE
Misc.-It 111D CABLE TERMINATION TO STANDARD 1 22,000 00 22,000 00
12-PIN TERMINATION ADAPTER CABLE
IRECEPT,HD12,FEM,I000ND W/COAX
1EXISTING GRANITE XP UPGRADE TO LATEST SOFTWARE
VERSION
'COMPUTER ONLY WINDOWS 7[GNET ADVANCE and PACP
MODULE
1Motherboard with 1155 Socket and Intel Z77 Chipset lintel Core i7-
2600K Sandy Bridge 3 4 GHz Processor I Eight(8)GB of DDR3
(Double Data Rate) 1600 RAM
IUSB Video Capture Device for MPEG 1/214/WMV
lintel HD Graphics 3000 On Board Display Adapter 2LAN,On Board
Network Connections,10/100/1000 Mbps
6USB 2 0 Ports(4 on Rear,2 on Front)6USB 3 0 Ports(6 on Rear)
2RS232 Serial Ports 1Bluetooth v4 0/v3 0+HS 1 WiFi IEEE 80211
a/b/g/n IOn Board Sound
1DVD+/ RW DVD Burner 20x/CD RW 40x Internal
1500 GB(7,200 RPM)SATA Hard Drive
1120 GB Solid State Drive,SATA3 1400 Watt 1U ATX Power Supply
l Industrial Hardened Case Slim 2U Design for 19 Rack
'Windows 7 Professional 64-bit Operating System'VIDEO CARD
MSI210-MD512D3H/LP 512MB
'DIGITAL PROCESSING DUC SOFTWARE MODULE KIT
'ENGINEERING SOFTWARE
1RETRO FIT EXISTING CUES SYSTEM FOR HD CAMERA USE
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1Sealed Continuous Contact Video Connection for HD 1Digital Video
Interface
(Footage Buffer Assembly 1 System Select Enclosure 1HD Wiring
Harness
1DUC SYSTEM TEST CAB
1120 GB Solid State Drive,SATA3 1400 Watt 1U ATX Power Supply
1Industrial Hardened Case Slim 2U Design for 19' Rack
i Windows 7 Professional 64 bit Operating System IVIDEO CARD
MSI210 MD512D3H/LP 512M13
1DIGITAL PROCESSING DUC SOFTWARE MODULE MT
(ENGINEERING SOFTWARE
1RETRO FIT EXISTING CUES SYSTEM FOR HD CAMERA USE
1 Sealed Continuous Contact Video Connection for HD 1Digital Video
Interface
1Footage Buffer Assembly I System Select Enclosure 1HD Wiring
Harness
1DUC SYSTEM TEST CAB
1120 GB Solid State Drive,SATA3 1400 Watt 1U.ATX Power Supply
llndustrial Hardened Case.Slim 2U Design for 19"Rack
1 Windows 7 Professional 64 bit Operating System'VIDEO CARD
MSI210-MD5I2D3H/LP 512MB
1DIGITAL PROCESSING DUC SOFTWARE MODULE KIT
EENGINEERING SOFTWARE
1RETRO FIT EXISTING CUES SYSTEM FOR HD CAMERA USE
1Sealed Contmuous Contact Video Connection for HD IDigital Video
Interface
1 Footage Buffer Assembly 1 System Select Enclosure IHD Wiring
Harness
(DUC SYSTEM TEST CAB
Misc-It INSTALLATION 1 2,800 00 2,800 00
Misc-It TRAINING,ON SITE(FIVE DAYS), 1 200 00 200 00
Subtotal $87,000 00
Sales Tax (7 75%) $6,742 50
Total $93,742 50
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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
1/ 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 §1861)
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 sel€insure, or a certification of workers'
compensation insurance
I certify under penalty of perjury under the laws of the State of Cahforma that the information
and representations made in this certificate are true and correct
PLUMBERS DEPOT, IIVC
By Date )0(o
Miguel Martin, i e President
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