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HomeMy WebLinkAboutVector Resources Inc dba Vector USA; 2016-06-22;AGREEMENT FOR FIRE ADMINISTRATION VOICE AND DATA CABLING SERVICES VECTOR RESOURCES INCORPORATED DOING BUSINESS AS VECTOR USA THI) AGREEMENT is made and entered into as of the ~Yl4 day of (u\.1\A-f.... , 20_ue_, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Vector Resources Incorporated d.b.a. Vector USA, a voice and data cabling contractor, ("Contractor"). RECITALS A. City requires the professional services of a voice and data cabling contractor that is experienced in low voltage voice and data cabling. B. Contractor has the necessary experience in providing professional services and advice related to voice and data cabling. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of 60 days from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be Twenty two thousand, four hundred seventy eight dollars 79/100 dollars ($22,478.79). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 2/29/16 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to empJoy other Contractors in connection with the Services. ----~- City Attorney Approved Version 2/29/16 2 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1 ,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability ... Errors.ian(Lomissions liability appropriate to Contractor's profession with limits of not less than $1 ,000;{)00 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: City Attorney Approved Version 2/29/16 3 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one ( 1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and _Contractor relinquishes all claims to the copyrights in favocof City. City Attorney Approved Version 2/29/16 4 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Nicholas Lourian Title IT Director Department Information Technology City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2450 For Contractor Name Christie Lange Title Account Executive Address 9808 Waples Street San Diego, CA 92121 Phone No. 858-546-1014 Email clange@vectorusa.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be~<lrwarded to both parties involveo~i®~l'with recommended methods of resolution, which womo~e of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding City Attorney Approved Version 2/29/16 5 upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. City Attorney Approved Version 2/29/16 6 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: Robert Messinger-Executive V.P. (print name/title) David Zukerman -President (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ~--------, 42 . ___/ ATTEST: If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. City Attorney Approved Version 2/29/16 7 APPROVED AS TO FORM: City Attorney Approved Version 2/29/16 8 Vector Resources, Inc. dba VectorUSA 9808 Waples Street San Diego, CA 92121 P: (858)-546-1014 City of Carlsbad 2560 Orion Way Carlsbad, CA 92009 Project Cabling for Fire Admin Prepared For City of Carlsbad Prepared By Vector Resources, Inc. VRN-076308-00 1 May 20, 2016 Page 1 of 6 1.0 Scope VRN-076308-00 1 May 20, 2016 1.1 Cabling The City of Carlsbad is looking to build out a physically separate cabling infrastructure for the Fire Department Administration within the City of Carlsbad's Safety Center. The work for this project will take place in the Data Center/MPOE, the Fire Administration offices, and the EOC IDF. The work will include pulling in backbone cables (both fiber and copper), building an IDF in the ceiling in the Fire Admin area, and doing some minor work modifying the infrastructure in the Emergency Operations Center's IDF. Scope of Work: 1) Data Center/MPOE DPull an empty 2" innerduct from the MPOE to the EOC IDF. This is for a new AT&T service that will be extended into the EOC IDF. DPull a 1.25" innderduct from the Data Center through the MPOE to the EOC IDF. o Pull a 12 strand 50 micron Multi-Mode Fiber cable o Terminate the fiber in an existing fiber patch panel. Provide new coupler panel and fiber fan-out tray. 2) EOC IDF D Remove the Krone Blocks and transition cables to 2 each 48 port patch panels. o Include a 2U cable management panel between the two patch panels. o After removing Krone Blocks, re-arrange equipment to better use existing space. DTerminate the 12 strand fiber from the Data Center in a new rack mount fiber enclosure. o Provide new coupler panel and fiber fan-out tray. DPull a new 12 strand fiber from here to Fire Admin. o Provide new coupler panel and fiber fan-out tray. DPull a new voice grade 25 pair cable from here to the new IDF in Fire Admin. o Cable to be landed on existing Spllit-50 M66 blocks on back wall. o Bridge clips to be used to connect new cable to existing. 3) Fire Administration Offices Dinsert an in-ceiling enclosure as the IDF cabinet. ORe-pull all the office voice and data drops up to this enclosure o 40 total cables for this area. o Terminate all new cables on a new 48 port patch panel. o Terminate all cables on new CAT6 jacks at the workstations. DTerminate the 12 strand fiber from the EOC IDF on a new 1U fiber patch panel. Vector Resources, Inc. dba VectorUSA California State License No. 654046 9808 Waples Street, San Diego, CA 92121 (858)-546-1014 Page 2 of 6 o Provide new coupler panel and fiber fan-out tray. DTerminate the voice grade 25 pair on a lU 24 port patch panel. o Terminate 1 pair per port, with the 25th pair unused. Vector Resources, Inc. dba VectorUSA California State License No. 654046 9808 Waples Street, San Diego, CA 92121 (858)-546-1014 VRN-076308-00 1 May 20, 2016 Page 3 of 6 DETAILED PRICING DATA CENTER/MPOE FIBER BACKBONE Quantity Unit Cost 1 1/4IN Riser Innerduct 400 0.89 12 Strand 50/125um XG Mulitimode Indoor/Outdoor Riser 400 1.74 AT&T INNERDUCT 2 In Riser Rated Innerduct 400 1.21 Sub-Total EOC IDF FIBER BACKBONE Quantity Unit Cost Closet Connector Housing 1 209.55 Simplex Epoxy SC Multi Mode Connector 12 3.43 12 Strand Fan Out Kit 1 18.04 12 Port SC MM 50/125 Coupler Panel Ceramic insert 2 44.45 12 Strand 50/125um XG Mulitimode Indoor/Outdoor Riser 250 1.74 Terminate, test, and label Fiber 12 0.00 KRONE BLOCK CONVERSION 48 Port CAT6 Patch Panel 2 396.24 VOICE BACKBONE CAT3 25 Pair Riser Cable 400 0.41 Bridge Clips 25 7.62 Sub-Total FIRE ADMIN IDF IDF ENCLOSURE Quantity Unit Cost Ceiling enclosure, 5U, 3U for Patch panels, 2U for switch 1 1,746.25 FIBER BACKBONE Simplex Epoxy SC Multi Mode Connector 12 3.43 12 Strand Fan Out Kit 1 18.04 12 Port SC MM 50/125 Coupler Panel Ceramic insert 2 57.15 Closet Connector Housing 1 209.55 Terminate, test, and label Fiber 12 0.00 STATION CABLING CAT6 4 Pair Riser Cable Blue 6,300 0.23 CAT6 SL Series 110 Insert Orange 44 6.08 2 Port Flush Faceplate White 22 1.59 48 Port CAT6 Patch Panel 1 396.24 Terminate, test and label copper cable 44 0.00 VOICE BACKBONE 24 Port 2 Pair CAT3 Patch Panel 1 127.00 Terminate, test and label voice backbone 24 0.00 Sub-Total PROFESSIONAL SERVICES Quantity Unit Cost Project Management 1 0.00 Vector Resources, Inc. dba VectorUSA California State License No. 654046 9808 Waples Street, San Diego, CA 92121 (858)-546-1014 VRN-076308-00 1 May 20, 2016 Material Labor Total 356.00 625.00 981.00 696.00 1,000.00 1,696.00 484.00 625.00 1,109.00 1,536.00 2,250.00 3,786.00 Material Labor Total 209.55 25.00 234.55 41.16 75.00 116.16 18.04 150.00 168.04 88.90 105.00 193.90 435.00 500.00 935.00 0.00 127.50 127.50 792.48 600.00 1,392.48 164.00 800.00 964.00 190.50 93.75 284.25 1,939.63 2,476.25 4,415.88 Material Labor Total 1,746.25 450.00 2,196.25 41.16 75.00 116.16 18.04 150.00 168.04 114.30 105.00 219.30 209.55 25.00 234.55 0.00 127.50 127.50 1,449.00 3,543.75 4,992.75 267.52 550.00 817.52 34.98 137.50 172.48 396.24 300.00 696.24 0.00 275.00 275.00 127.00 93.75 220.75 0.00 90.00 90.00 4,404.04 5,922.50 10,326.54 Material Labor Total 0.00 2,280.00 2,280.00 Page 4 of 6 Auto CAD Documentation 1 0.00 Sub-Total Project Sub-Total Sales Tax Project Total Vector Resources, Inc. dba VectorUSA California State License No. 654046 9808 Waples Street, San Diego, CA 92121 (858)-546-1014 0.00 0.00 7,879.67 VRN-076308-00 1 May 20, 2016 1,040.00 1,040.00 3,320.00 3,320.00 13,968.75 21,848.42 630.37 22,478.79 Page 5 of 6 TERMS AND CONDITIONS OF CONTRACT TERMS AND CONDITIONS VRN-076308-00 1 May 20, 2016 All work is to be completed in a workmanlike manner according to standard practices. All material is to be as specified. Any alterations or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over the estimate. All agreements contingent upon strikes, accidents or delays beyond our control will be settled in a formal agreement. Owner is responsible to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. PAYMENT REQUIREMENTS This proposal pricing is only valid for 30 days. Upon acceptance a purchase order is required and due prior to commencement of work. Monthly progress invoices will be generated based on percentage of completion and due Net 30. Balance will be invoiced upon substantial completion and due Net 30. City of Carlsbad 2560 Orion Way Carlsbad, CA 92009 Job Total $22,478.79 Vector Resources, Inc. dba VectorUSI'I Authonzed Signature Date ACCEPTANCE OF PROPOSAL 5-20-2016 The prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature Date Print Name Page 6 of 6