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HomeMy WebLinkAboutAGMT - IES Communications, LLC (structured cabling services)PROFESSIONAL SERVICES AGREEMENT for Professional Information & Communications Technology Structured Cabling Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 H IES Communications LLC 19520 Jamboree Road Irvine, CA 92612 (602)568-2323 This Professional Service Agreement, ("the Agreement') is made as of January 1, 2020 (the "Effective Date"), by and between ,IES Communications, LLC ("Consultant'), a Delaware Limited Liability Company and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional information and communications technology structured cabling services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3,20.025(C), City desires to engage Consultant to ,provide professional structured cabling services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified BICSI-certified/registered professionals and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner, and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. Page 2 of 14 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on January 1, 2020, and shall remain in full force and effect until June 30, 2020, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $7,556.64 (Seven Thousand Five Hundred Sixty -Six dollars and 64/100)for the Original Term. 3.2. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to, fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this. Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost.control sheets and other records maintained by Consultant in connection with this Agreement. City's rights Page 3 of 14 under this Section 4.2 shall survive for four (4) years following the termination of this Agreement. 5.0 Termination 5.1, This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon '10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. John Seli is the Consultant's primary representative for purposes of this Agreement. John Seli shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: IES Communications, LLC 19520 Jamboree Road Irvine, CA 92612 Attn: John Seli 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Page 4 of 14 8.0 Independent Contractor 8:_1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel: Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City, and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, .or as ,may be necessary to inspect or visit City locations and private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to. Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not Page 5 of 14 become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers,. and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent-ansing from, caused by, or relating to Consultant's personnel practice& or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultants failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as forth in any other provision of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City. to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Consultants duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Page 6 of 14 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the, termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on' the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during` regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least four (4) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under,this Section 13.0 shall survive for four (4)'years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards Page 7 of 14 outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are. observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form. CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). Consultant shall maintain limits no less than: (1) General Liability: $2;000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the Page 8 of 14 City to state: (1) coverage shall not be canceled except after 30 days, prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3). coverage shall be primary insurance as .respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultants scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not.be called upon to contribute with it; (4) for general liability insurance, that the City; its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1') the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, courticosts and/or any other cost arising out of or in anyway related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Consultant acknowledges that the City would not have entered into this Page 9 of 14 Agreement in the absence of the commitment of Consultant to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity for Professional ,Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, , servants, employees, subcontractors; contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall defend the Indemnitees in any action or actions filed In connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.2, Other Indemnitees. Other than in the performance of professional services , and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses; liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in. the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for Page 10 of 14 any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 16.5. Consultant's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer'to be insured against liability for Workers' Compensation or to undertake self-insurance Pagel 1 of 14 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 20.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof; and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenantor condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. Consultant covenants that it presently has no interest and shallnot acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall Page 12 of 14 avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 25.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contin9ent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and. absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the, prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and. other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that Page 13 of 14 D J by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT: IES Communications, LLC, a Delaware Limited Liability company Digitally signed by John Seli By -.John S e I i Date: 2020.03.05 07:45:56 Patrick Gallegos By: -0700• Assistant City Manager = ' = Name. John D. sell Its: VP Business Administration Attest:. .`: By: Name: _..v. Its. Ionia D. rper,, . ,F r- (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.) Approve?as Form: By: raig A. Steele, City Attorney Page 14 of 14 EXHIBIT A Consultant's Proposal Becky Fisher Becky. Fisher@iescomm.com 602-566' 13231 o w,w,wojescommrcom CLIENT Quote Date: 1/21/2019 City of Seal Beach Web ID: 172535 Project: Seal of Beach Police Dept 19520 Jamboree Rd Irvine, Ca 92612 BACKGROUND: IES Communications, LLC is pleased to submit for your review and approval the following proposal. Please feel free to.contact us with any questions you might have during your review. The following is an outline of IES's proposal. MANAGEMENT QUALITY ASSURANCE: IES's plan for ensuring quality in the project starts with our pre -installation review. From the initial exchange of information concerning the project, an engineered and documented installation package has been constructed as part of the response process. OVERVIEW: IES will provide & install communication -cabling connectivity per customer provided documentation. All cabling installed shall be in compliance with The ANSI/TIA/EIA 568-C Commercial Building Telecommunications Cabling Standards. The following is an outline of IES's proposal. IES Communications, LLC 2 of Scope of Work Seal Beach Police Dept - After Hours Quote v2 IES will provide labor and materials to install and label (200) category 5e, 4 pair green 10' patch cords. IES will provide labor and materials to install (2) 2RU front only horizontal wire managers. IES will provide labor and materials to install (2) 4' x 4' black slotted vertical managers. IES Communications, LLC 3 of 7 Project Standards QUALITY ASSURANCE An IES Project Manager will have the responsibility of meeting all quality objectives as defined in the installation package. Upon completion of specific tasks throughout the project, the Project Manager will be required to sign off before any additional work may be performed. Each IES project is completed following the installation package, IES Standards Manual and IES Quality Audit policy. Informal and formal audits will be conducted throughout the life of the project. In case of any discrepancies between the installation criteria and the delivered product, a punch list will be developed and the corrections will be made promptly. After the final project audit has been completed, and any discrepancies corrected, a CLIENT representative will be asked to sign a project acceptance form. INSTALLATION STANDARDS All exposed cabling shall be neatly dressed and bundled. IES shall test each U/UTP cable with a Fluke DTX -1800 and will fully certify each U/UTP cable in accordance with industry standards. IES shall provide the end user with test results in electronic format. Unless otherwise notified IES shall implement an industry standard labeling scheme in accordance with the TIA/EIA-606A and TIA/EIA-942. All cables shall be labeled within 4 inches of the termination point with a machine generated label. Unless specifically stated in the scope of work there will be NO service loop at the workstation end. IES shall support all cabling every 4-5 feet in accordance with the TIA/EIA 568-C. LABELING / DOCUMENTATION Documentation is critical to the success of an installation and contributes significantly to the ongoing level of customer satisfaction. Our engineered installation plan will serve as an installation blueprint. An electronically printed adhesive label will be installed at the cable destination end to denote the origination point and the destination point on the faceplate and the patch panel. All labeling will conform to the ANSI/TIA/EIA 606, Administration Standard for the Telecommunications infrastructure of commercial Buildings. All red line as -builds will be supplied to CLIENT and they will be updated throughout the project. Upon completion of the project, a logical drawing of the communication system will be provided to CLIENT. Upon completion of the project, a cabling matrix will be provided to CLIENT that documents the location of all cabling within the TR and the floor. Upon completion of the project, a complete turnover package will be submitted to CLIENT containing updated drawing as builds, cabling matrix, test results and any other pertinent information pertaining to the project. IES Communications, LLC 4 of 7 General Terms and Conditions The following terms and conditions may be super ceded if a current MSA (master service agreement) is in place A current MSA (Master Service Agreement) may supersede the below terms TERMS OF PAYMENT: The customer agrees to pay IES (Contractor) the total purchase.. price, plus applicable sales tax, listed for the material and labor used as outlined in this Purchase Agreement. Material balance will be due upon customer acceptance. Contractor will provide labor progress invoices for work performed in association with this'Purchase Agreement. All invoices are due no later than 30 days from receipt. If customer elects to finance the services and equipment on this Purchase Agreement through a Contractor third party authorized leasing source, an initial deposit of 20% is required at. signing of this Purchase Agreement. The Contractor Finance department must give approval for special arrangements or terms other than stated herein. LATE CHARGES ON PAST DUE ACCOUNTS: Customer agrees to pay Contractor 1.5% interest per month (an annual rate of 18%) on any unpaid balance after the due date. EXPEDITE. CHARGE: To avoid an expedite charge, Contractor must receive asigned Purchase Agreement and purchase order (if customers purchasing policy requires that a purchase order be issued) five (5) business days prior to the work commencing. Any special rush requests, if not included in this Purchase Agreement will be invoiced separately at a rate not toexceed10% of this Purchase Agreements total selling price, TIMELINE: Customer recognizes that if the project is delayed or accelerated due to reasons beyond the reasonable control.of Contractor or its employees, that Contractor may incur additional expenses. Such expenses may include; but are not limited to, employee wages, materials, mileage, design and re-engineering fees and lodging. Customer agrees to reimburse Contractor for these additional expenses at a rate equal to Contractor's standard fees, CHANGE IN SCOPE: Any change to the scope of work, as specified in this Purchase Agreement; which is requested by the customer or its duly authorized representative may only be effected through a written change.order. The change order must be signed by an authorized representative of the customer, and an additional purchase order, or an amendment to the original purchase order, issued. All change orders to the originalscope of work shall be bound to the Terms and Conditions stated herein. CANCELLATION: Customer acknowledges that this is a non -cancelable Purchase Agreement. If customer elects to return any material or equipment delivered as part of this Purchase Agreement it must be un -used and in its original packaging. Customer will be, liable for any restocking fees incurred by Contractor, at a rate equal to the amount charged to Contractor, on all returned material and equipment. Customer will also be liable for any and all labor hours performed at Contractor's standard hourly rate. CUSTOMER RESPONSIBILITIES: Unless stated otherwise in the General Notes, Exclusions and Clarifications section of this contract it is the responsibility of the customer to provide the following: A safe and secure methodfor storing all materials and equipment related to this project. Copies of floor plans (electronic CAD files preferred in the DWG or DXF format) including the furniture layoutand outlet locations (outlet locations maybe hand drawn). Adequate environment at the work site IE: ventilation, lighting etc. A single point of contact for the duration of the project. LIMITATION: All prices remain. in effect for thirty (30) days from the date of this Purchase Agreement. INSURANCE: IES will maintain the following types of insurance coverage and liability limits: Commercial automobile insurance for all non -owned vehicles, covering .bodily injury and property damage, with a limit of $1,000,000 for each occurrence. Commercial general liability insurance covering bodily injury, property damage, and Contractual liability, with a limit of $3,000,000 for each occurrence and $6,000,000 general aggregate. Workers'' compensation, with the statutory requirement for coverage. Additional Insured: IES will name CLIENT as an additional insured on IES Communications, LLC general liability policy. Waiver of Subrogation: Rights of subrogation under the policies listed above will be waived in favor of CLIENT. Certification: IES will provide CLIENT with a certificate of insurance confirming all insurance IES Communications, LLC 5 of Pricing: Labor $6,502.50 Material $1,064.14 Other $0.00 Services $0.00 Total $7,566.64 Tax $0.00 Total with tax $7,566.64 The total lump sum for this proposal is $7,566.64 which includes all tax, material, labor, equipment, supplies, travel expenses and misc. expenses. Excluded from this proposal are any adds, moves, or changes during project, which will be billed separate from original proposal. Authorization Dear N/A Web ID: 172535 By signing below, I am accepting this proposal and the attached terms and conditions. Customer Authorized Signature Customer Print Name IES Communications, LLC Account Rep: Becky Fisher Authorized Signature IES Print Name IES Communications, LLC 6 of Date Customer Title Date NOTES AND EXCLUSIONS The following activities are not included unless specifically listed in the above detailed Scope of Work; and if required, additional charges may apply: Installation of cable tray or conduit. All vertical conduit sleeves between floors and entrance into the MPOE, MDF and IDF's to be provided by the electrical contractor or General Contractor. All work is scheduled for regular business hours unless otherwise noted. Costs associated with parking Technicians must have free and clear access to all areas being cabled. Coring and drilling of walls, floors, or headers Improvement to building grounding system Underground trenching or boring Concrete/asphalt cutting or patching Architecture or Engineer design or Consulting fees Engineered stamped drawings Cutting, patching, painting Modifications to correct existing code/building violations or upgrade of systems to comply with State or City codes expressly excluded. All electrical is provided and installed by others. Any changes to the scope of work must be submitted in writing prior to the work being performed. This proposal does not include labor to move furniture, PC or other end user equipment that will preclude IES from performing their duties. IES will not certify cable runs longer than 100meters. IES Communications, LLC 7 of [part pes&IptJoh Velcro 189645 -][67 IES EA e 1 Label, Document Cable LTD4PR IES EA 200 PM PM IES Lot 1 Category 5e Patch Cord with Boots 10'--Green ECAT5-4PR-10-GRB Lynn EA 200 4' z 4' Black Finger Duct - No Cover G4X4BL6 Panduit FT 12 2RU Front Only Horizontal Wire Manager NMF2 Panduit EA 2 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works' as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the 'penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the:worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which .requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9.. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813, concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require 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 of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement,that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permittedby law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. A`oR" CERTIFICATE OF LIABILITY INSURANCE DAM(MWDDnvvv) z/26/2020 THIS CERTIFICATE IS ISSUED AS A.: MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR. PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL. INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bowen, Miclette 8 Britt Insurance Agency, LLC 1111 North oop est, #400 CONTACT NAMELydia Michael :. PHONE FAX lac No E.n 713-880-7106 I lac Nor 713-880-7166 ADDRESS' lmichaei@bmbine.com INSURE0.(SI AFFORDING COVERAGE NAIOR Houston TX 77008 INSURER A: Navigators Ins Co 42307 10/1/2019 INSURED IESCOMMUNI INSURERS: Everest Indemnity Ins Co 10851 IES Communications, LLC 2801 S. Fair Lane INSURERC: Hartford Fire Ins Co. 19682 INSURER o: Trumbull Insurance Company 27120 Tempe, AZ 85282 INSURERE: DAEMISESGE irN r , PREMISES RENT rtence INSURER F: f MED EXP (My one person) COVERAGES CERTIFICATE NUMBER: 1517087384 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR rypE OF INSURANCE ADDL SUBR MD POLICY NUMBER POUC.EFF MMIDDYNYYY 0 ICY EXPRMqD MMIDDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y EN6ML00063191 10/1/2019 10/1/2020 EACH DOCURRENCE 1$2,000,000 CLAMS -MADE OCCUR DAEMISESGE irN r , PREMISES RENT rtence 1$1,000,000 MED EXP (My one person) $25,000 PERSONAL B ADV INJURY $2,000000 'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $4000,000 GEN POLICY �1 JET 71LOC PRODUCTS - COMP/OP AGG $4,000,000 $ OTHER: C. AUTOMOBILE LIABILIry Y Y 61CSEQUIIII 10/1/2019 1011/2020 COMBINED SINGLE LIMIT (Es aremerft) ($1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS I'XX HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY BODILY INJURY (Per accdI S PROPERTY DAMAGE (Per accident) $ $ A UMBRELLA LIAR X OCCUR Y Y H019EXC4135891V 10/1/2019 1011/2020 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 X EXCESS LIAR CLAIMSMADE DEO I RETENTION S I $ D WORKERS COMPEN5ATION AND EMPLOYEE S'LIABILDY ylN ANYPROPRIETOR/PARTNERIEXECUTIVE Y 61WNQU3300 1011/2019 1011/2020 X STATUTE FTH E. L. EACH ACCIDENT 51,000000 OFF ICER/MEMBER EXCLUDED? (Mandatory in NH) NIA E L. DISEASE - EA EMPLOYEE! $1,000,000 E . DISEASE - POLICY. LIMIT $1.000,000 If OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies'andlor endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing: certificates@bmbinc.com When required by written contract, those Parties listed in said contract, including the certificate holder, are added as an Additional Insured, with respect to General Liability, Auto Liability and Excess Liability as afforded by the policy andlor endorsements. When required by written contract, waiver of subrogation, With respect to General Liability, Auto Liability, Workers Compensation and Excess Liability is granted See Attached... r:FRTIFIr:ATF Flrll nI=R CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 8th Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: IESCOMMUNI LOC #: AC"Rb® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Bowen, Miclette & Britt NAMEDINSURED IES Communications, LLC 2801 S. Fair Lane Tempe, AZ 85282 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE in favor of Certificate Holder as afforded by the policy and/or endorsements. The General Liability, Auto Liability. and Excess Liability policy certified herein is primary and non-contributory to other insurance available to the certificate holder, but only to the extent required by written contract with the Named Insured, ACORD 101 (2008101) © 2008 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: EN6ML00063191 Effective Dates: 10101/2019 -10101/2020 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations during the policy period when you and such person or organization have agreed in writing in a contract or agreement that such person or organization by added as an additional insured on your policy AND Any other person or organization you are required to add as an additional insured under the contract or agreement described above. (If no entry appears above, information required to complete this endorsement will be shown in the; Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc.. 1984 Page 1 of 1 Policy Number: EN61VIL00063191 Effective Dates: 10/0112019 - 10/012020 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE.PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s) Location And Description Of Completed Operations Any person or organization for whom you are All Locations performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person -or organization be added as an additional insured on your policy; and Any other person or organization you are required to add as an additional insured under the contract or agreement described above. Information required to complete this Schedule, if not shown above, will be shown in the Declarations: A. Section II— Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with, respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by .your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured B. With respect to the insurance afforded to,these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by contract or agreement, the most we will pay onbehalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Policy Number:, EN61MI 00063191 Effective Dates: 101012019 - 1010112020 will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 3704 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 City ®f Seal Beach VENDOR: IES Commercial Inc 2801 S. Fair. Lane Tempe, AZ 85282 - SHIP TO: City of Seal Beach 211 8th Street Seal Beach, CA 90740 - PURCHASE ORDER No. 00016429 BILL TO: City of Seal Beach 211 8th Street Seal Beach. CA 90740 VENDOR NO. VENDOR PHONE NUMBER TERMS DATE REQUIRED DELIVERY DATE IES01 ( ) - 0 03/11/2020 SHIPPING INSTRUCTIONS (none) ITEM QTY U/M DESCRIPTION / TASK PRD CODE ACCOUNT UNIT PRICE AMOUNT 1 0.00 each Professional Information& Communications Technology Structured Cabling Services - 911 Seal Beach Blvd 001-020-44000 7,556.6400 7,556.64 SUBTOTAL: 7,556.64 TAX: 0.00 SHIPPING: 0.00 TOTAL: 7,556.64 TAXABLE: No CONFIRMING: No AUTHORIZED SIGNATURE SPECIAL INSTRUCTIONS: P. Gallegos IMPORTANT: OUR ORDER NUMBER MUST APPEAR ON EVERY INVOICE AND PACKAGE This order is given upon the representation and guaranty of the manufacturer or seller that no breach of any Stale or. Federal Law or Regulation has occurred in connection with the manufacturing, processing, branding, labeling or transportation of the merchandise herein mentioned. If such breach occurs or is charged by any legally constituted State or Federal authority, the buyer shall be entitled to rescind the order and return the unused merchandise and shall also be held harmless by the manufacturer or seller against any penalty incurred and/or the cost of defense of any proceeding designed to penalize the buyer therefor. Please Check One: PURCHASE ORDER SUPPLEMENT This purchase order is under $1000 and does not require additional bids. This purchase order is $1000 or over, but under $5000 and requires 3 verbal bids. See bid info below. This purchase order is for a commodity available only through a sole source provider and does not require bids. This purchase is being made during an emergency from the nearest available source of supply. Explain emergency_ This is a purchase of the following bid -exempt professional service: ( circ/e one ) architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; solid waste disposal services; This purchase is made in cooperation with, the State, the County, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions; and specifications. The bids obtained for the Purchase Order were: Vendor # 1 Vendor# 2 Vendor # 3 Item (Description) Cost, Vendor #1 Cost; Vendor #2 Cost, Vendor #3 Comments Vendor Chosen: Reason: Submitted by: P. Gallegos 1 Imam) Fisehr \ 5 Fsher@iescomm,com . 58`2323; esscom hi xbM a CLIENT Quote Date: 1/21/2019 City of Seal Beach Web ID: 172535 Project: Seal of Beach Police Dept 19520 Jamboree Rd Irvine, Ca 92612 BACKGROUND: IES Communications, LLC is pleased to submit for your review and approval the following proposal. Please feel free to contact us with any questions you might have during your review. The following is an outline of IES's proposal. MANAGEMENT QUALITY ASSURANCE: IES's plan for ensuring quality in the project starts with our pre -installation review. From the initial exchange of information concerning the project, an engineered and documented Installation package has been constructed as part of the response process. OVERVIEW: IES will provide & install communication -cabling connectivity per customer provided documentation. All cabling installed shall be in compliance with the ANSI/TIA/EIA 568-C Commercial Building Telecommunications Cabling Standards. The following is an outline of IES's proposal. IES Communications, LLC 2 of Scope of Work Seal BeachPolice Dept - After Hours Quote v2 IES will provide labor and materials to install and label (200) category 5e, 4 pair green 10' patch cords. IES will provide labor and materials to install (2) 2RU front only horizontal wire managers. IES will provide labor and materials to install (2) 4'x 4' black slotted vertical managers. IES Communications, LLC 3 of Project Standards QUALITY ASSURANCE An IES Project Manager will have the responsibility of meeting all quality objectives as defined in the installation package. Upon completion of specific tasks throughout the project, the Project Manager will be required to sigh off before any additional work may be performed. Each IES project is completed following the installation package, IES Standards Manual and IES Quality Audit policy. Informal and formal audits will be conducted throughout the life of the project. In case of any discrepancies between the installation criteria and the delivered product, a punch list will be developed and the corrections will be made promptly. After the final project audit has been completed, and any discrepancies corrected, a CLIENT representative will be asked to sign a project acceptance form. INSTALLATION STANDARDS All exposed cabling shall be neatly dressed and bundled. IES shall test each U/UTP cable with a Fluke DTX -1800 and will fully certify each U/UTP cable in accordance with industry standards. IES shall provide the end user with test results in electronic format. Unless otherwise notified IES shall implement an industry standard labeling scheme in accordance with the TIA/EIA-606A and TIA/EIA-942. All cables shall be labeled within 4 inches of the termination point with a machine generated label. Unless specifically stated in the scope of work there will be NO service loop at the workstation end. IES shall support all cabling every 4-5 feet in accordance with the TIA/EIA 568-C. LABELING / DOCUMENTATION Documentation is critical to the success of an installation and contributes significantly to the ongoing level of customer satisfaction. Our engineered installation plan will serve as an installation blueprint. An electronically printed adhesive label will be installed at the cable destination end to denote the origination point and the destination point on the faceplate and the patch panel. All labeling will conform to the ANSI/TIA/EIA 606, Administration Standard for the Telecommunications infrastructure of commercial Buildings. All red line as -builds will be supplied to CLIENT and they will be updated throughout the project. Upon completion of the project, a logical drawing of the communication system will be provided to CLIENT. Upon completion of the project, a cabling matrix will be provided to CLIENT that documents the location of all cabling within the TR and the floor. Upon completion of the project, a complete turnover package will be submitted to CLIENT containing updated drawing as builds, cabling matrix, test results and any other pertinent information pertaining to the project. IES Communications, LLC 4 of General Terms and Conditions The following terms and conditions may be super ceded if a current MSA (master service agreement) is in place A current MSA (Master Service Agreement) may supersede the below terms TERMS OF PAYMENT: The customer agrees to pay IES (Contractor) the total purchase price,; plus applicable sales tax, listed for the material and labor used as outlined in this Purchase Agreement. Material balancewill be due upon customer acceptance. Contractor will provide labor progress invoices for work performed in association with this Purchase Agreement. All invoices are due no later than 30 days from receipt. If customer elects to finance the services and equipment on. this Purchase Agreement through a Contractor third party authorized leasing source,. an initialdeposit of 20% is required at sighing of this Purchase. Agreement. The Contractor Finance department must give approval for special arrangements or terms other than stated herein. LATE CHARGES ON PAST DUE ACCOUNTS: Customer agrees to pay Contractor 1.5% interest per month (an annual rate of 18%) on any unpaid balance after the due date. EXPEDITE CHARGE: To avoid an expedite charge, Contractor must receive a signed Purchase Agreement and purchase order (if customers purchasing policy requires that a purchase order be issued) five (5) business days prior to the work commencing. Any special rush requests, if not included in this Purchase Agreement will be invoiced separately at a rate not to exceed 10% of this Purchase Agreements total selling price. TIMELINE: Customer recognizes that if the project is delayed or accelerated due to reasons beyond the reasonable control of Contractor omits employees, that Contractor may incur additional expenses, Such expenses may include;: but areenotlimited to, employee wages, materials, mileage, design and re-engineeringfees and lodging. Customer agrees to reimburse Contractor for these additional expenses at a rate equal to Contractor's standard fees. CHANGE IN SCOPE: Any change to the scope of work,as specified in this Purchase. Agreement, which is requested:by the customer or its duly authorized representative may only be effected through a written change order. The change order must be signed by an authorized representative of the customer, and an additional purchaseorder, or an amendment to the original purchase order, issued. All change orders to the original scope of work shall be bound to the Terms and Conditions stated herein. CANCELLATION: Customer acknowledges that this is -a non -cancelable Purchase Agreement. If customer elects to return any material or equipment delivered as part of this Purchase Agreement it must be un -used and in its original packaging. Customer will be liable for any restocking: Fees incurred by Contractor, at a rate equalto the amountcharged to Contractor, on all returned material and equipment. Customer will also be liable For any and all labor hours performed at Contractors standard hourly rate. CUSTOMER RESPONSIBILITIES: Unless stated otherwise in the General Notes, Exclusions and Clarifications section of this contract it: is the responsibility of the customer to provide the following: A safe and secure method for storing all materials and equipment related to this project. Copies of floor plans (electronic CAD files preferred in the DWG or DXF format) including the furniture layout and outlet locations (outlet locations maybe hand drawn). Adequate: environment at the work site ]E: ventilation, lighting etc. A single point of contact for the duration of the project. LIMITATION: All prices remain in effect for thirty (30) days from the date of this Purchase Agreement. INSURANCE: IES will maintain the following types of insurance coverage and liability limits: Commercial automobile insurance for all non -owned vehicles, covering bodily injury and property damage, with a limit of $1,000,000 for each occurrence. Commercial general liabilityinsurance covering bodily injury, property damage, and contractual liability, with a limit of $3,000,000 for each occurrence and $6,000,000 general aggregate. Workers' compensation, with the statutory requirement for coverage. Additional Insured: IES will name CLIENT as an additional insured on IES Communications, LLC general liability policy. Waiver of Subrogation: Rights of subrogation under the policies listed above will be waived in favor of CLIENT. Certification: IES will provide CLIENT with a certificate of insurance confirming all insurance IES Cori m unlcattons, LLC 5 of Pricing: Labor $6,502.50 Material $1,064.14 Other $0.00 Services $0.00 Total $7,566.64 Tax $0.00 Total with tax $7,566.64 The total lump sum for this proposal is $7,566.64 which includes all tax, material, labor, equipment, supplies, travel expenses and misc. expenses. Excluded from this proposal are any adds, moves, or changes during project, which will be billed separate from original proposal. Authorization Dear N/A Web ID: 172535 By signing below, I am accepting this proposal and the attached terms and conditions. Customer Authorized Signature Customer Print Name IES Communications, LLC Account Rep: Becky Fisher IES Authorized Signature IES Print Name IES Communications, LLC 6 of Date Customer Title Date NOTES AND EXCLUSIONS The following activities are not included unless specifically listed in the above detailed Scope of Work; and if required, additional charges may apply: Installation of cable tray or conduit. All vertical conduit sleeves between floors and entrance into the MPOE, MDF and IDF's to be provided by the electrical contractor cr General Contractor. All work is scheduled for regular business hours unless otherwise noted. Costs associated with parking Technicians must have free and clear access to all areas being cabled. Coring and drilling of walls, floors, or headers Improvement to building grounding system Underground trenching or boring Concrete/asphalt cutting or patching Architecture or Engineer design or Consulting fees Engineered stamped drawings Cutting, patching, painting Modifications to correct existing code/building violations or upgrade of systems to comply with State or City codes expressly excluded. All electrical is provided and installed by others. Any changes to the scope of work must be submitted in writing prior to the work being performed. This proposal does not include labor to move furniture, PC or other end user equipment that will preclude IES from performing their duties. IES will not certify cable runs longer than 100meters. [ES Comfflur?iCadons, LLC 7 of ..nip Velcro 1B9645 IES EA 1 Label, Document Cable LTD4PR PM _ IES_ _ IES EA Lot 200 1 PM Category 5e Patch Cord with. Boots 10' - Green ECAT5-4PR-10-GRB Lynn EA 200 4' x4' Black Finger Duct - No Cover G4X4BL6 Panduit FT 12 2RU Front Only Horizontal Wire Manager NMF2 Panduit EA 2 Winnie Bell. From: Jennifer Robles Sent: Monday, March 16, 2020 7:50 AM To: Winnie Bell Subject: RE: IES Communications Hi Winnie, That is correct, they are exempt from professional liability. Thank you, Tenn From: Winnie Bell Sent: Friday, March 13, 2020 9:33 AM To: Jennifer Robles Subject: RE: IES Communications Importance: High Jenn, Yes, of course I will let you know! However, Gloria has put note on IES Communications that Professional Liability was not included. Is it required as listed in Agreement? Please advise. Mvwv Le Bell Winnie Bell Executive Assistant Part-time City Clerk's Office City of Seal Beach 211 8`h Street, Seal Beach, CA 90740 (562) 431-2527 Ext. 1304 'W CNCI, TY 4 s •;J�J .� Civility Principles: 1. Treat everyone courteously; 2. Listen to others respectfully; 3. Exercise self-control; 4. Give open-minded consideration to all viewpoints; 5. Focus on the issues and avoid personalizing debate; and, 6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions. For information about Seal Beach, please see our city website: htto://www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. From: Jennifer Robles Sent: Thursday, March 12, 2020 5:23 PM To: Winnie Bell Subject: IES Communications Hi Winnie, I am helping Patrick schedule the IES Communications work, I just turned in the contract to be routed yesterday I believe. Can you please let me know when it has been fully executed? Thank you, Jennifer Robles Executive Assistant Public Works & Community Development City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562)431-2527 Ext. 1326 Civility Principles 1. Treat everyone courteously; 2. Listen to others respectfully; 3. Exercise self-control; 4, Give open-minded consideration to all viewpoints; 5. Focus on the issues and avoid personalizing debate; and, 6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions. For Information about Seal Beach, please see our city website: www.sealbeachca.aov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please -advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you: