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PW Morphew Cabling UpgradeCity of San Rafael ♦ California Contract Agreement For: ON of San Rafael Mornhew CablinLy UDerade This Agreement is made and entered into this Al'Fkday of 4L , 2016 by and between the City of San Rafael (hereinafter called City) and AA&T Communications, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1- Scope of the Work The Contractor hereby agrees to furnish all of the labor and materials described, and to perform all of the work necessary to complete the project as covered in the price quotation submitted to the City, attached hereto as Exhibit A and incorporated herein by reference, and related plans and specifications for the project entitled: City of San Rafael Morphew Cabling Upgrade. The equipment to be installed, and the building site(s) at which such installation shall occur, shall be as detailed in Exhibit A. The contractor agrees to satisfy the insurance requirements as specified in the Insurance Requirements Sheet attached hereto as Exhibit B, and hereby made a part of this Agreement. II -Prevailing Wages Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section 11.50.180 (C), the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract, shall be followed. III -Bonds The Contractor shall provide a Labor and Materials Bond to cover the work under this contract, in an amount sufficient to cover the Contract Sum set forth in Section VI below. 1V- Time of Completion (a) The work to be performed under this Contract shall be commenced no later than 30 WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within 30 WORKING DAYS and with such extensions of time as are agreed upon in writing by both parties. V - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $100.00 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. VI - The Contract Sum The City shall pay to the Contractor for the full performance of the Contract the sum of $17,074.86, including sales tax and expenses. VII - Progress Payments Contractor shall invoice the City on a monthly or quarterly basis for work completed hereunder, up to a total amount not to exceed 80°•0 of the total Contract amount. City shall make payment within 30 days after receipt of such invoices. VIII - Acceptance and Final Payment for Equipment Installation (a) Upon receipt of written notice that the installation work is ready for final inspection and acceptance, the City's Information Technology Manager ("Project Manager") shall within 5 days make or cause to be made such inspection as deemed appropriate by the City, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including any retained percentage, FLC 4 j, to lb1 G shall be paid to the Contractor by the City within 30 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the City that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the City's Project Manager so certifies, the City shall, upon certificate of the City's Project Manager, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IX — Indemnification Contractor shall indemnify and hold harmless City as provided in San Rafael Municipal Code Section 11.50.130. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: hC,t�� Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney Gt Bush Information Technology Manager 2 C OF -SA RAFAE t im S hutz ity anager COMPANY NAME AA&T Communications, Inc. 2927 Montecito Ave Santa Rosa, CA 95_4W By: Ire Title: Secretary g2a C'-\ AA T Conimunications, Inc Building a Connected World @` Price Quotation To: Brendan Galten Addendum: City of San Rafael IT Department Project Name: Corporation yard 2350 Kerner Blvd Project Location: 2350 Kerner Blvd San Rafael San Rafael Ca 94901 Sections: Telecom Date: 1/22/16 We hereby propose to furnish all labor and material necessary for the completion of: Quantity Description 250 Provide 6 strand OM3 fiber optic cable from mechanical room 220 to Telecom room 209 100 Provide 6 strand OM3 fiber optic cable from Telecom room 109 to Telecom room 209 3 Provide fiber-optic patch panels per specification 24 Provide SC fiber connectors 350 Provide 1" innerduct to protect fiber-optic cable in conduit 35 Provide category 6 data cables on first and second floor per marked up plans 35 Provide category 6 Data jacks 15 Provide faceplates to match electrical 1 Provide 48 port category 6 patch panel at mechanical room 220 2 Provide horizontal cable management 1 Provide wall -mounted open rack in mechanical room 220 24H X 19W X 24D Excluded from Quote 1. All new conduit noted on plans by others 2. Access door on first floor Break room by others 3. City of San Rafael to supply Orange cat 6 cable for HVAC control Total Price, including Sales Tax $ 17,074.86 The above work is to be performed n accordance w•lh drawings and specifications or otherwise noted. All work guaranteed to be completed to code and in a workmanlike manner. Ful payment must be made within 30 days after completion of work. All amounts cwing more than 30 days wil; be sub:ect to 1.51.10 interest compounded montKy. Any alternation or deviation from above spec,fcalion involving extra casts will become an extra charge over and above the given price. All agreements contingent .pon delays beyond our control. Respectfully submitted, Joe Augello Date:. 1/22/16 The above price, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Acceptance of Proposal Signature: Title: Date: 2927 Montecito Ave. Santa Rosa Ca 95404 T 707-528-6812 F 707-579-1489 Exhibit A CITY OF SAN RAFARL Department of Public Works MAYOR Gary O. Phillips VICE MAYOR Andrew Cuyugan McCullough COUNCIL MEMBERS Kate Colin Maribeth Bushey John Garr►blin INSURANCE REQUIREMENTS SHEET SUBJECT: COMMERCIAL GENERAL LIABILITY, AUTOMOBILE AND WORKERS' COMPENSATION INSURANCE (MAJOR PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City carry commercial general liability, automobile, and workers' compensation insurance. file Contractor and Subcontractors shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Commercial General Liabilitv: Automobile Liabilitv: Workers' Conmensation Liabilitv Minimum of $1,000,000 per occurrence and $2,000,000 aggregate coverage. Minimum of $1,000,000 coverage. Statutory coverage. The required commercial general liability insurance policy shall provide or shall he endorsed to provide 111,11 the City, its officers, employees, agents and volunteers are additional named insureds under the policy, that such policy shall be primary and non-contributory and will not seek contribution from the City's insurance or self-insurance. The "primary and non-contributory" coverage shall be at least as broad as CG 20 0104 13. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for [lie benefit of the City (if agreed to in a written contractor or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terns and conditions of said insurance policies except upon ten (10) days written notice to the City. It shall be a requirement under the contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in the contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. Any deductibles or self-insured retentions in the required insurance policies must be declared to and approved by the City, and shall not reduce tite limits of liability. Policies containing any self-insured Exhibit B retention (SIR) provision shall provide or be endorsed to provide that the SIR may he satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self- insured retentions with respect to City sliall be reduced or eliminated to City's satisfaction or Contractor or subcontractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees, and defense expenses. Contractor and subcontractors shall provide to the City all of the following: (1) Certificates of Insurance evidencing the required insurance coverage, (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor and subcontractors. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this contract. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. If the insurance is written on a Claims Made Form, then, following termination of the contract, said insurance coverage shall survive for a period of not less than five years. � cITYor- MAYOR GARY O. PHILLIPS �- VICE MAYOR KATE COLIN 1 ' ' ' ' '• COUNCILME\IBER IVIARIBETH BUSHEY \I w. at) - - • COUNCILNIEMBER JOHN GAMBLIN or%larin "G y — .—,,COUNCILNIE%IBER ANDREW CUYUGAN i /ICCULLOUGH April 22, 2016 SUBJ: Contract Agreement for City of San Rafael Morphew Cabling Upgrade ATTN: Joe Augello for AA&T Communications, Inc. Attached, please find a copy of the final version of the Contract Agreement for the planned work at the City of San Rafael's location at 111 Morphew in San Rafael, CA. Please have two copies of the Agreement signed by both the Chairman of the Board, President or Vice President of AA&T Communications, Inc., and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer of the corporation. However, please do not date the two copies of the Agreement. Instead, return the two copies (both with "wet" signatures) to me at the address below. The copies will be signed by the City's Interim Public Works Director then dated and filed in the City Clerk's office. One of the original copies (with all signatures) will be returned to you for your records. In order to satisfy the required insurance documentation, the City has established an online insurance posting program, known as PINS. Please do not forward hard copies of the insurance documents. Follow the process as described in the attached PINS Introduction Memo. Also, please provide your contact's name and email address for the City to send a follow-up email about posting the required insurance documents on PINS. If you have any questions, please contact me at P-us.bush a,citvofsaruafael.orl? or 415-458-5302. Thanks for your help, Gus Bush Information Technology Manager City of San Rafael Attachments: 1. Contract Agreement (with Exhibits) 2. PINS Introduction Memo 1400 FIFTH AVENUE - SAN RAFAEL. CA 94901 WWW.CITYOFSANR.AFAEL.ORG day of Bond No. CSB0016566 PREMIUM: $512.00 PAYMENT BOND PUBLIC WORK (Section 3247-3252 inclusive, Civil code) KNOW ALL MEN BY THESE PRESENT: That, Whereas CITY OF SAN RAFAEL has awarded to AA&T COMMUNICATIONS, INC. as Principal, a contract for the work described as follows: MORPHEW CABLING UPGRADE AND WHEREAS, said Principal is required ad to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law: NOW, THEREFORE, We the undersigned Principal and Surety are held and firmly bound unto the CITY OF SAN RAFAEL in the amount required by law, the sum of SEVENTEEN THOUSAND SEVENTY FOUR AND 86/100................................................................................. Dollars ($ 17,074.86 ) for which payment well and truly be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay.any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not excecding the sum specified in this bond, ctherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. In witness Whereof, We have hereunto set our hand and seals this NNE 2016 Cloy Thompson, CPCU, CRIS 118U SWdor, Jacobs, Cassayro InGuronce 3orvL--s 3200 V a Lnj AA& By: JS, INC. )ENT CONTRACTORS BONDING AND INSURANCE COMI ANY M QJ-6-4-17LO /�-� CLAY THOMPSON , Attorney -In -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia ) County of NAPA ) On JUNE 9, 2016 before me, K. M. WILLBACK, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared CLAY THOMPSON Name(j of Signer( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) is/im subscribed to the within instrument and acknowledged to me that he/Awh%t executed the same in hisAmift # authorized capacitAa4, and that by himtmnWmk signature(s) on the instrument the person(l), or the entity upon behalf of which the person(s) acted, executed the instrument. K. M. WILLBACK 00001 0 2097918 NYotay i vbk • CBIMomft Ileft" com"" I r Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature .�+.� 1 St nature of Notary Public OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacilty(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotM.org -1-800-US NOTARY (1-800-876-6827) Item #5907 i RLF Am &;Am an RLI Company 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 1 Fax: (309)689 2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Robert E. Chovick. Clav Thomason. Jeffrev D. Erickson. Brvan Richmond. Karen M. Willback. iointiv or severallv in the City of Nana . State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 9th day of June, 2015. On this 9th day of June 2015 before me, a Notary Public, personally appeared Rov C. Die who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. Jacquine M. Bockler Notary Public i NOTARY "OFFICIAL SEAL" I.. Ur JACQUELINE M. BOCKLER S�Tc OF nuNas COMMISSION EXPIRES 01114118 RLI Insurance Company Contractors Bonding and Insurance Company Roy C. Die x Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com ny and/or �ntractors B�o�n�di�ng and Insurance Company this � day of �1�i7� , RLI Insurance Company Contractors Bonding and Insurance Company Roy C. Die 0475165020212 Vice President A0059115 ?04i C;oppOAgr�.•2�s . m "= c SEAL ` Q.••VOPpoR4rF•• = SEAL ,9 yg �' State of Illinois ... �2 �LUN<INO�County • •9 SS •. I •, of Peoria .,.. ,,,, , , ,,,,,, On this 9th day of June 2015 before me, a Notary Public, personally appeared Rov C. Die who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. Jacquine M. Bockler Notary Public i NOTARY "OFFICIAL SEAL" I.. Ur JACQUELINE M. BOCKLER S�Tc OF nuNas COMMISSION EXPIRES 01114118 RLI Insurance Company Contractors Bonding and Insurance Company Roy C. Die x Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com ny and/or �ntractors B�o�n�di�ng and Insurance Company this � day of �1�i7� , RLI Insurance Company Contractors Bonding and Insurance Company Roy C. Die 0475165020212 Vice President A0059115 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for Ly AI.A �µt-.L lu "''''``t their signature. Obtain at least two signed originals from contractor. 9±6 3 Contracting Department Agendize contractor -signed agreement for / Council approval, if Council approval of necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; L, r`' w bonds, and insurance certificates and endorsements. ilk. c. .r...0 5 City Manager / Mayor / or Agreement executed by Council authorized Department flead official. 6 City Clerk City Clerk attests signatures, retains o igina Uk4 agreement and forwards copies to the contracting department.' To be completed by Contracting Department: Project Manager: _Gus Bush Project Name:_Morphew Cabling Upgrade Agendized for City Council Meeting of (if necessary): N/A FPPC: ❑ , check if required If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all urofessional services aureements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft `1611" , agreement.nt / SL� �i �� �•'��'' Z 2 Contracting Department Forward final agreement to contractor for ra A,,t s`t,;[,. their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City 4 City Attorney Ordinance*). Review and approve form of agreement; j bonds, and insurance certificates and endorsements. &,ANs 1 Lai, Sys 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. � 6 City Clerk City Clerk attests signatures, retains ofiginal4n S° •, �- 1. agreement and forwards copies to the �'^" department.' contracting 7 To be completed by Contracting Department: r l f Project Manager: _Gus Bush Project Name:_Morphew Cabling Upgrade Agendized for City Council Meeting of (if necessary): N/A FPPC: ❑ , check if required If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.