HomeMy WebLinkAboutNetwork Cabling Incorporated; 2010-05-04;AGREEMENT FOR CMWD VOICE AND DATA CABLING SERVICES
Network Cabling Incorporated
THIS AGREEMENT is made and entered into as of the «^r~- day of
/r)a-* , 20/6 . by and between the CITY OF CARLSBAD, a municipal
corporation, /("City"), and Network Cabling Incorporated . a Low Voltage
Cabling , ("Contractor).
RECITALS
City requires the professional services of a Voice and Data Cabling Contractor
that is experienced in Voice and Data Cabling . Contractor has the necessary
experience in providing these professional services, 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 Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of 3oe4/f from the date first above
written.
3. Compensation. The total fee payable for the Services to be performed will be One
Thousand Three Hundred Eighty Five dollars ($ 1.385.00 ). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention
until City has accepted the work and/or the Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. 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.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
City Attorney Approved Version #05.06.08
employers liability insurance, and professional liability insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of
California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide
of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
otherwise authorized and approved by the City Attorney or the City Manager. Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be
named as an additional insured on General liability. Contractor will furnish certificates of
insurance to the Contract Department, with endorsements to City prior to City's execution of this
Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
City Attorney Approved Version #05.06.08
14. 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 CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)ManagertjrlvTayor
(print name/title)
nq Vwt" @ re-Hoar
ATTEST:
(e-mail address)
-LORRAINjE M. Wt>6D
City CldrR
(sign hi
(e-mail addres^i N
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.
APPROVED AS TO FORM:
RONALD , City Attorney
City Attorney Approved Version #05.06.08
IT A
Page lof!
30 March 2010
City of Carlsbad
Gary Hornby
1635 Faraday Ave
Carlsbad, CA 92008
Email: Gary.Hornby@carlsbadca.gov
RE: CAT6 cable installation
Net
NETWORK
CABLING, INC.
QUOTE
1003103203
Andrew;
Thank you for your kind consideration of Network Cabling, Inc. We appreciate this opportunity to quote for
your structured cabling requirements. Please see below for details regarding our quote.
Scope of Work
CATS cable installations
• Provide and install (5) dual locations, at locations identified during the walk through on 3/26/2010.
This location will consist of a CAT6 PVC cable, terminated on a CAT6 jack, housed in a four port
white faceplate. The cable will be home run to an existing tel/data room and terminated on a new
block.
Project Pricing $1,385.00
All work is to be completed in a workmanlike manner according to standard practices. All material is to be specified. Any
alterations or deviation from above specifications involving extra cost will be executed only upon written orders, and will
become an extra charge over the contract amount. All agreements contingent upon accidents or delays beyond our
control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's
Compensation Insurance.
Acceptance of Proposal - The prices, specifications and conditions are satisfactory and hereby accepted. You are
authorized to do the work as specified. Payment will be made as outlined above. Client understands and accepts that no
work will begin until the above listed payment schedule is agreed upon and deposits if required have been paid. Client
understands that deviations from the above assumptions may result in additional charges.
Payment TERMS: Payment due upon receipt of invoi>
Authorized Signature
Authorized Name:
PO Number
Date
Title
Please sign and fax back to my attention at 760.743.2136.
Once again, thank you for the opportunity to prepare this quote for you. Please call me at 760.743.1900 Ext.
6150 if I can be of further assistance.
Sincerely,
Eric Mueller
Vice President
Network Cabling, Inc.
Ill 760_L43
www.networkcabling.com
City of Carlsbad Quote 10 Cables.doc