HomeMy WebLinkAboutAGMT - Applied Technology Group Inc (Purchase & Installation of SCADA Radios and Antenna)sPROFESSIONAL SERVICES AGREEMENT
FOR PURCHASE AND INSTALLATION
Of
SCADA Radios and Antennas
between
+ City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
L
Applied Technology Group, Inc.
4440 Easton Drive
Bakersfield, CA 93309
(661) 322-8650 f
This Professional Service Agreement for Purchase and Installation (`the Agreement") is
made as of November 8, 2021 (the "Effective Date'), by and between Applied
Technology Group, Inc. ("Consultant"), a California corporation, and the City of Seal
Beach ("City"), a California charter city, (collectively, "the Parties").
RECITALS
A. City desires certain professional services for the purchase and
installation of specialized SCADA radios and antennas for City's water and
sewer system.
B. Pursuant to the authority provided by its City Charter and Seal Beach
Municipal Code §§ 3.20.025(B) and (C), City desires to engage Consultant to
furnish and install specialized SCADA radios and antennas in the manner set
forth herein and more fully described in Section 1.0.
C. Consultant represents that it is qualified and able to provide the
services contemplated by this Agreement in a good and professional manner;
and it desires to provide the SCADA radios and antennas and perform such
services as provided herein. Consultant's license number is 891598 (C-7 Low
Voltage), and Consultant's DIR registration number is DIR 100001405.
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 and install the SCADA radios and
antennas and provide those services (radios, antennas and 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 and warrants that it has the professional training
and 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.
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The acceptance of Consultant's work by the City shall not operate as a release of
Consultant from such standard of care and workmanship.
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 in accordance with Section 3.0. Payment for additional work in
excess of this amount requires prior City Council authorization.
2.0 Term
The term of this Agreement shall commence on November -8, 2021, and shall
remain in full force and effect until November 8, 2022, unless sooner terminated
as provided in Section 5.0 of this Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the line item unit prices shown on the
proposal in Exhibit A for the Services but in no event will the City pay more than
the total -not -exceed amount of $72.963 (Seventy Four Thousand One Hundred
and Seventy Three 581100) for the Term.
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 ConsuItant'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
under this Section 4.2 shall survive for three (3) years following the termination of
this Agreement.
5.0 Title and Risk of Loss
Title to and risk of loss, damage and destruction of the SCADA radios,
antennas and any related equipment and materials shall remain with
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Consultant until after inspection and acceptance of the SCADA radios,
antennas and any related equipment and materials.
6.0 Materials and Workmanship
When Exhibit A specifies machinery, equipment or material by manufacturer,
model or trade name, no substitution will be made without City's written
approval. Machinery, equipment or material installed in the SCADA radios and
antennas without the approval required by this Section 6.0 will be deemed to
be defective material for purposes of Sections 7.0 and 8.0. Where machinery,
equipment or materials are referred to in Exhibit A as equal to any particular
standard, City will decide the question of equality. When requested by City,
Contractor will furnish City with the name of the manufacturer, the perForrnance
capabilities and other pertinent information necessary to properly determine the
quality and suitability of any machines, equipment and material to be
incorporated in the Equipment. Material samples will be submitted at City's
request.
7.0 Inspections and Tests
City shall have the right to inspect and/or fest the SCADA radios, antennas and
any related equipment and materials prior to acceptance. If upon inspection or
testing the SCADA radios, antennas and any related equipment and materials
or any portion thereof are found to be nonconforming, unsatisfactory, defective,
of inferior quality or workmanship, or fail to meet any requirements or
specifications contained in Exhibit A, then without prejudice to any other rights
or remedies, City may reject the SCADA radios, antennas and any related
equipment and materials, or any portion thereof, or exercise any of its rights
under Section 8.3. The inspection, failure to make inspection, acceptance of
goods, or payment for goods shall not impair City's right to reject
nonconforming goods, irrespective of City's failure to notify Consultant of a
rejection of nonconforming goods or revocation of acceptance thereof or to
specify with particularity any defect in nonconforming goods after rejection or
acceptance thereof.
8.0 Warranty.
8.9. Consultant warrants that the SCADA radios and antennas and all
related equipment and materials will be of merchantable quality and free from
defects in design, engineering, material and workmanship for a period of two (2)
years, or such longer period as provided by a manufacturer's warranty or as
agreed to by Consultant and City, from the date of final written acceptance of the
Services by City as required for final payment under Section 4.0. Consultant
further warrants that any services provided in connection with the design,
,construction and/or installation of the SCADA radios and antennas and related
equipment and materials will be performed in a professional and workmanlike
manner and in accordance with the highest industry standards.
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8.2. Consultant further warrants that all machinery, equipment or
process included in the Services will meet the performance requirements and
specifications specified in Exhibit A and shall be ft for the purpose intended.
City's inspection, testing, approval or acceptance of any such machinery,
equipment or process will not relieve Consultant of its obligations under this
Subsection 7.2.
8.3. For any breach of the warranties contained in Subsection 6.1
and/or Subsection 6.2, Consultant will, immediately after receiving notice from
City, at the option of City, and at Consultant's own expense and without cost to
City:
6.3.1. Repair the defective SCADA radios and antennas,
related equipment or materials, or any other defective Services;
6.3.2. Replace the defective SCADA radios or antennas, or
other defective related equipment or materials or other defective Services, with
conforming Services, F.O.B. City's plant, office or other location of City where the
Services were originally performed or delivered; of
6.3.3. Repay to City the purchase price of the defective
SCADA radios or antennas, related equipment or materials or other Services.
If City selects repair or replacement, any defects will be remedied
without cost to City, including but not limited to, the costs of removal, repair and
replacement of the defective SCADA radios and antennas, related equipment or
materials or other defective Services, and reinstallation of new Services. All such
defective Services that is so remedied will be similarly warranted as stated
above. In addition, Consultant will repair or replace other items of the Services
which may have been damaged by such defects or the repairing of the same, all
at its own expense and without cost to City.
8.4. Consultant also warrants that the Services is free and clear of all
liens and encumbrances whatsoever, that Consultant has a good and marketable
title to same, and that Consultant owns or has a valid license for all of the
proprietary technology and intellectual property incorporated within the Services.
Consultant agrees to indemnify, defend and hold City harmless against any and
all third party claims resulting from the breach or inaccuracy of any of the
foregoing warranties.
8.5. In the event of a breach by Consultant of its obligations under this
Section 8.0, City will not be limited to the remedies set forth in this Section 8.0,
but will have all the rights and remedies permitted by applicable law, including
without limitation, all of the rights and remedies afforded to City under the
California Commercial Code.
9.0 liens
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9.1. Consultant, subcontractors and suppliers will not make, file or
maintain a mechanic's or other lien or claim of any kind or character against the
SCADA radios or antennas or related materials and equipment, for or on account
of any labor, materials, fixtures, tools, machinery, equipment, or any other things
furnished, or any other work done or performance given under, arising out of, or
in any manner connected with the Agreement (such liens or claims referred to as
"Liens'); and Consultant, subcontractor and suppliers expressly waive and
relinquish any and all rights which they now have, or may subsequently acquire,
to file or maintain any Lien and Consultant, subcontractor and suppliers agree
that this provision waiving the right of Liens will be an independent covenant.
9.2. Consultant will save and hold City harmless from and against any
and all Liens that may be filed by a subcontractor, supplier or any other person or
entity and Consultant will, at its own expense, defend any and all actions based
upon such Liens and will pay all charges of attorneys and all costs and other
expenses arising from such Liens.
10.0 Termination
10.1. 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.
10.2. This Agreement maybe terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or
replacement of comprehensive general Iiability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
11.0 Party Representatives
11.1. The City Manager is the City's representative for purposes of this
Agreement.
11.2. Ron .Fox is the Consultant's primary representative for purposes of
this Agreement. Ron Fox 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.
12.0 Notices
12.1. 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:
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To City: City of Seal Beach
211 -8th Street
Seal Beach, CA 90740
Attn: City Manager
To Consultant: Applied Technology Group, Inc.
4440 Easton Drive
Bakersfield, CA 93309
Attn: Ron Fox
12.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
13.0 Permits and Licenses
Consultant, at its sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate qualifications, permits, licenses, and certificates
required by State and local law to perform such Services, including, without
limitation, a Consultant License, and a City of Seal Beach business license as
required by the Seal Beach Municipal Code.
14.0 Independent Contractor
14.1. Consultant is an independent contractor and not an employee of
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.
14.2. 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
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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 Iocations
and/or 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.
14.3. 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
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.
14.4. 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 arising
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 14.0. 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 Consultant's
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 set forth in any other provision of this
Agreement. This duty of indemnification shall survive the termination or
expiration of this Agreement.
15.0 PERS Compliance and Indemnification
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15. 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.
15.2. 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 15.0. This duty of
indemnification is in addition to Consultant's duty to defend, indemnify and hold
harmless as set forth in any other provision of this Agreement. This duty of
indemnification shall survive termination or expiration of this Agreement.
16.0 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.
17.0 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.
18.0 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.
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19.0 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 three (3) years after expiration, termination or final
payment under this Agreement, whichever occurs later. City's rights under this
Section 19.0 shall survive for three (3) years after expiration, termination or
final payment under this Agreement, whichever occurs later.
20.0 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
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 Consultant.
21.0 Insurance
21.1. 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 famish 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.
21.2. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
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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:VIi1, licensed to do business in California, and
satisfactory to the City. Coverage shall be at Ieast 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
Agreementllocation 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 claimlaggregate, 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.
21.3. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
City to state: (1) coverage shall not be suspended, voided, reduced or 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 Consultant's 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 (a) 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.
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21.4. 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.
21.5. 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.
22.0 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 20.0) should, to the fullest extent
permitted by law, be fully protected from any loss, injury, damage, claim, liability,
lawsuit, cost, expense, attomeys' fees, litigation costs, defense costs, court costs
and/or any other cost arising out of or in any way 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
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.
22.1. Indemnity for Design Professional Services. To the fullest extent
permitted by law, Consultant shall, at its sole cost and expense, 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 22.0), 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 design professional services under this Agreement by a "design professional,"
as the term is defined under California Civil Code § 2782.8(c). Notwithstanding
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the foregoing and as required by Civil Code § 2782.8(a), in no event shall the
cost to defend the Indemnitees that is charged to Consultant exceed Consultant's
proportionate percentage of fault.
22.2. Other Indemnities. Other than in the performance of design
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 (as defined above in Subsection 22.1) 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 any and all Iegal expenses and costs incurred by
the Indemnitees in connection therewith.
22.3. Subcontractor Indemnification. Consultant shall obtain executed
indemnity agreements with provisions identical to those in this Section 19.0 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.
22.4. 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
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immunity under such statutes or laws as to the Indemnitees. Consultant's
.indemnity obligation set forth in this Section 22.0 shall not be limited by the limits
of any policies of insurance required or provided by Consultant pursuant to this
Agreement.
22.5. Consultant's covenants under this Section 22.0 shall survive the
expiration or termination of this Agreement.
23.0 Work Product
23.1. Deliverables. Consultant shall, in such time and in such form as
City may require, furnish reports concerning the status of services required under
this Agreement. Consultant shall, upon request by City and upon completion or
termination of this Agreement, deliver to City all material furnished to Consultant
by City.
23.2. Ownership.
21.2.1 Unless otherwise agreed upon in writing, all draft and
final reports, documents, and other written material, and any and all images,
ideas, concepts, designs including website designs, source code, object code,
electronic data and files, and/or other media whatsoever created or developed by
Consultant in the performance of this Agreement (collectively, "Work Product")
shall be considered to be "works made for hire" for the benefit of City. All Work
Product and any and all intellectual property rights arising from their creation,
including, but not limited to, all copyrights and other proprietary rights, shall be
and remain the property of City without restriction or limitation upon their use,
duplication or dissemination by City upon final payment being made. Consultant
shall not obtain or attempt to obtain copyright protection as to any of the Work
Product. Any use of the Work Product by City for any other purpose than this
Project, shall be at City's sole risk.
21.2.2 Consultant hereby assigns to City all rights of
ownership to the Work Product, including any and all related intellectual property
and proprietary rights that are not otherwise vested in the City pursuant to
Subsection 21.1, above.
21.2.3 Consultant warrants and represents that it has
secured all necessary licenses, consents or approvals necessary to the
production of the Work Product, and that upon final payment, City shall have full
legal title to the Work Product, and full legal authority and the right to use and
reproduce the Work Product for any purpose. Consultant shall defend, indemnify
and hold City, and its elected officials, officers, employees, servants, attorneys,
volunteers, and agents serving as independent contractors in the role of City
officials, harmless from any loss, claim or liability in any way related to a claim
that City's use of any of the Work Product is violating federal, state or local laws,
or any contractual provisions, or any rights or laws relating to trade names,
licenses, franchises, copyrights, patents or other means of protecting intellectual
14 of 20
property rights and/or interests in products, ideas or inventions. Consultant shall
bear all costs arising from the use of patented, copyrighted, trade secret or
trademarked documents, materials, equipment, devices or processes in
connection with its provision of the Work Product produced under this
Agreement. In the event any the use of any of the Work Product or other
deliverables hereunder by City is held to constitute an infringement and the use
of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for
City the right to continue using the Work Product and other deliverables by
suspension of any injunction, or by procuring a license or licenses for City; or (b)
modify the Work Product and other deliverables so that they become non -
infringing while remaining in compliance with the requirements of this Agreement.
This covenant shall survive the termination of this Agreement.
23.3. Confidentiality. Except as otherwise required by law, Consultant
shall not disclose, publish or authorize others to disclose or publish, design data,
drawings, specifications, reports or other information pertaining to the Services
assigned to Consultant by City or other information to which Consultant has had
access during the term of this Agreement without the City's Responsible Party's
prior written approval. Consultant's covenant under this Subsection 23.3 shall
survive the expiration or termination of this Agreement.
23.4. Records. Consultant shall maintain complete and accurate records
with respect to sales, costs, expenses, receipts and other such information
relating to the Services, as required by City or City's representative. Consultant
shall maintain adequate records on services. provided in sufficient detail to permit
an evaluation of the Services. All such records shall be maintained in accordance
with generally accepted accounting principles and shall be clearly identified and
readily accessible. At all times during regular business hours, Consultant shall
provide access to such books and records to City's representative, or his or her
designees, and shall give the City's representative, or his or her designees, the
right to examine and audit such books and records and to make transcripts as
necessary, and shall allow inspection of all work, data, documents, proceedings
and activities related to this Agreement.
24.0 Nuisance
Consultant shall not maintain, commit or permit the maintenance or commission
of any nuisance in connection with the performance of Services under this
Agreement.
25.0 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,
15 of 20
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or
termination.
26.0 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
in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
27.0 Compliance with Laws; Prevailing Wage and Payroll Records
In the performance of the Services required by this Agreement, Consultant
shall abide by and conform with and to any and all applicable laws, statutes,
and regulations of the United States and the State of California, and with the
City of Seal Beach Charter and Municipal Code, ordinances, regulations and
policies. This Agreement calls for services that, in whole or in part, constitute
"public works" as defined in California Labor Code Section 1720. Therefore, as
to those services Consultant shall pay prevailing wages and 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. Furthermore, since the total contract price exceeds $25,000, Consultant
shall provide a payment bond in the amount of 100% of the total contract price
as required by California Civil Code Section 9550.
28.0 Antitrust Claims
Pursuant to Public Contract Code Section 7103.5, Consultant offers and
agrees to assign to City all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part
2 of Division 7 of the California Business and Professions Code) arising from
purchases of goods, services, or materials pursuant to this Agreement. This
assignment shall be made and become effective at the time City tenders final
payment to Consultant without further acknowledgment by the Parties.
29.0 Third Party Claim
Pursuant to Public Contract Code Section 9201, City has full authority to
compromise or otherwise settle any claim relating to this Agreement at any
time. City shall timely notify Consultant of the receipt of any third -party claim
relating to this Agreement. City shall be entitled to recover its reasonable costs
incurred in providing the notification required by Public Contract Code Section
9201 (b).
16 of 20
30.0 Time Is of the Essence
Consultant shall commence, cavy on and complete the Services with all
practicable dispatch, in a sound, economical, and efficient manner in
accordance with all applicable laws and generally accepted industry and
applicable professional standards. Time is of the essence in Consultant's
performance of the Services.
31.0 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.
32.0 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.
33.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
34.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party
as a result of this Agreement.
35.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or 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.
36.0 Prohibited Interests; Conflict of Interest
36.1. Consultant covenants that it presently has no interest and shall not
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
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
17 of 20
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.
36.2. 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 contingent 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 ConsuItani hereunder the full amount or value
of any such fee, commission, percentage or gift.
36.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, -Wjmether `contractual, non -
contractual, financial, proprietary, or otherwise; `ri 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
37.0 Attorneys' Fees
If either party commences an action against the other party, either Iegal,
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.
38.0 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.
39.0 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
by his or her execution, the Consultant is formally bound to the provisions of this
Agreement.
18 of 20
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first
above written.
CONSULTANT: Applied Technology
Group, Inc., cl California corporation
By:
Z 1/3,
Name;
85 (ZES
Its:
Er t Dirt " r- —0
By:
•
Name:
te6odamo I, • k
Its:
,fume t' MA-uAOieR
(Please note, two signatures required
for corporations pursuant to Califomfa
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (fi) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
20 of 20
APPLIED TECHNOLOGY GROUP INC.
SPECIAL18E0 COMMUNICATIONS SERVICES
4440 Easton Drive - Bakersfield, CA 93309
(661) 322-8650 or (800) 481-0007 Fax (661) 322-4060
Fed ID #77-02296211 Contractors Lic #8915981 B.E.A.R. #89845
atgintemet.cam - stg-inc.com
Bili TO: 4381
CITY OF SEAL BEACH PUBLIC WORKS
ATTN DARRICK ESCOBEDO
1776 ADOLFO LOPEZ DR.
SEAL BEACH CA 90740
I QTSTD00000011743
;D ddW. 11/2/2021
94-0111-0-11
1
Quote Expires, 1212/2021
Ship To:
CITY OF SEAL BEACH PUBLIC WORKS
ATTN DARRICK ESCOBEDO
1776 ADOLFO LOPEZ DR.
SEAL BEACH CA 90740
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1 SCOPE OF WORK
This proposal covers the Installation of all radios, antenna
N
$0
$0.00
and related equipment at all your existing and 3
new sites. Also includes raising the omni at the
Police Monopole Repeater to the lop of the pole.
This is for the City of Seat Beach.
1 NOTE
QUOTE EXPIRATION DATE EXTENDED TO 31 DEC 2021'
N
$0
$0.00
I L41
PROJECT LABOR TO INSTALL RADIOS, ANTENNAS,
Each
$22,400.00
$22,400.00
AND ALL RELATED EQUIPMENT.
1 TRAVEL EXPENSES
LODGING AND PER DIEM
Each
$7,588.00
$7,588.00
2 L43
DIR ADMIN PROCESSING FEE
Each
$250.00
$500.00
16 1.01
1N -HOUSE LABOR TO PRE PROGRAM AND
HOURLY
$95.00
$1,520.00
SET UP RADIOS
16 ECRU91
ORBIT ECR900,1ETH,1SER, w1DIN MNT
Each
$1,338.00
$21.408.00
1 D8589Y
ANTENNA,OMNI 890-960MHz 9dBd
Each
$1,180.00
$1,180.00
10 973194A14
ANTENNA, YAGI 902-960MHz, 10dB
Each
$92.25
$922.50
3 BMYD890M
ANTENNA; YAGI 12dBd 890-960MHz 11 -Element - 2' RG213 N -F
Each
$215.00
$645.00
14 ISS50LNC2
BULKHEAD ARRESTOR N(F)-N(F)
Each
$78.91
$1,104.74
14 CXTA24GR-3
CNT240 CABLE ASSY N(M)-RA TNC(M) - 3FT
Each
$43.98
$615.72
600 TWS400
50 Ohm 318° OD COAXIAL CABLE
FOOT
$1.86
$1,116.00
24 RFN700211SI
N (M) CLAMP PLUG
Each
$14.50
$348.00
300 LDF450A
10 HELIAX HARDLINE CABLEIBOX
FOOT
$3.00
$900.00
4 L4TNMPSA
112" N(M) LDF450A
Each
$25.50
$102.00
14 MISC HARDWARE
MISC HARDWARE FOR PROJECT
Each
550.00
$700.00
1 L44
EQUIPMENT -120' MANLIFT FOR MONOPOLE, 2 DAYS
Each
$4,492.00
$4,492.00
2 L44
EQUIPMENT -50' TOWABLE MANLIFT FOR REMOTE SITES
Each
$2,440.00
$4,880.00
PER WEEK
1 SHIPPING NOTE
FINAL FREIGHT CHARGES WILL BE ADDED TO INVOICE.
N s
$0
$0.00
1 FREIGHT TERMS
FOB DESTINATION PREPAY & ADD
Each
$0
$0.00
1 PROCESSING FEE
ADD'L 3% CHRGD FOR CREDIT CARD PAYMENTS OVER 5K
Each
$0.00
$0.00
Siibfola•;- $70,421.96
$0.00
t11f1Is",
Tax'' $2,541.18
In :&tanril(n': 0.00
tS[i(
otaJz h $72,963.14
Authorized Signature
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.
B. 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
Agreement 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 1 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 7 and Labor Code
Sections 7860 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.
73. To the maximum extent permitted by 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.
RESOLUTION 7216
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING
AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
FOR FURNISHING AND INSTALLATION OF SCADA RADIOS AND
ANTENNAS AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH APPLIED
TECHNOLOGY GROUP, INC.
WHEREAS, the City's Supervisor Control and Data Acquisition (SCADA) system is
critical to enabling the safe reliability and efficiency operations City's water system and
sewer system 24 hours a day/7 days a week in real time; and,
WHEREAS, the existing SCADA radios and corresponding antennas, integral to the
overall SCADA system architecture, have reached their useful life and are no longer
supported by the manufacturer; and,
WHEREAS,.to ensure compatibility, consistency, and ease of integration within the y
City's existing SCADA architecture, staff reached out to the manufacturer of the City's '
current SCADA radios, Applied Technology Group, Inc., to request a proposal to
replace all the City's obsolete SCADA radios and antennas with the manufacturer's
current generation of SCADA radios and antennas; and,
WHEREAS, Applied Technology Group, Inc., submitted the proposal dated November 1,
2021, for the purchase of 16 new replacement SCADA radios for thirteen (13) existing
water system andi sewer system sites, two -(2) new sites, and one new SCADA radio to
be utilized as a spare; and,
WHEREAS, the proposal also provides for installation equipment that includes the
removal of the existing SCADA radios, old antennas with hardware, and installing the
new SCADA radios with antennas and hardware system.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The ,City Council hereby awards a Professional Services Agreement
(Agreement) to Applied Technology Group, Inc., for a total not -to -exceed
amount of $72,963 to Furnish and Install SCADA Radios and Antennas.
Section 2. The City Council hereby authorizes the City Manager to approve
additional work requests in connection with the Furnishing and
Installation of SCADA Radios and Antennas in the total cumulative not -
to -exceed amount of $7,000, $3,500 from the sewer fund and $3,500
from'the water fund.
1
Section 3. The City Council hereby authorizes and directs the City Manager to
execute the Agreement on behalf of the City, pursuant to the Applied
Technology Group Inc. proposal dated November 1, 2021.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 8h day of November, 2021 by the following vote:
AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
*'/�Z P/X�*
Joe almick, Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7216 on file in the office of the City
Clerk, passed, approved, and adopted by the City Council at a regular meeting held on
the 8th day of November, 2021.
1 ® CERTIFICATE OF LIABILITY INSURANCE
TE
DA/172O2�1rn
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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,IAND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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
(BK) Heffernan Insurance Brokers
7702 Meany Ave., Suite 102
Bakersfield CA 93308
CONTACT
NAME: Kariss Perry
PHONE FAX
fAIC Ex : 661-489-7380 arc No): 415-778-0301
N
ADDREss: karisspgheffins.com
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: Federal Insurance Company 20281
License#:0564249
INSURED APPLTEC-03
INSURER B: Scottsdale Indemnity Company 15580
Applied Technology Group Inc
4440 Easton Drive
suRERc: Insurance Company of the West 27847
INSURER
INSURERD:
Bakersfield CA 93309
INSURER E :
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY Z JECT D LOC
OTHER:
INSURER F :
PRODUCTS - COMP/OP AGG $2,000,000
COVERAGES CERTIFICATE NUMBER: 1439390554 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.
INSR
LTR
TYPE OF INSURANCE
ADDL
SUBR
NUMBER
POLIPOLICY
MMID�Y EFF
MM/DD LICY EXP
LIMITS
A
X COMMERCIAL GENERAL LIABILITY I
CLAIMS -MADE X OCCUR
36025222WCE
7/1/2021
7/1/2022
EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
PREMISES Ea occurrence $1,000,000
MED EXP (Any one person) $ 10,000
PERSONAL &ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY Z JECT D LOC
OTHER:
GENERAL AGGREGATE S2,000,000
PRODUCTS - COMP/OP AGG $2,000,000
S
A
AUTOMOBILE LIABILITYZ1735B4639
i
X ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
X HIRED X NON OWNED
AUTOS ONLY AUTOS ONLY
7/1/2021
7/1/2022
COMBINED SINGLE LIMIT S1,000,000
Ea accident
BODILY INJURY (Per person) S
BODILY INJURY (Per accident) S
PROPERTY DAMAGE $
Per accident
$
A
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS MADE
79B94822
7/1/2021
7/1/2022
EACH OCCURRENCE $5,000,000
AGGREGATE S 5,000,000
DED RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETORIPARTNER/EXECUTIVE la
OFFICER/MEMBEREXCLUDED7
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
WPL503611604
3/22/2021
3/22/2022
X PER OTH-
STATUTE I ER
E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE - EA EMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
B
Professional Liability
EK13406391
11/19/2021
11/19/2022
Per Claim &Agg $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required)
Re: As Per Contract or Agreement on File With Insured.
'r%coriCtrATr_ uni noo I CANCFI 1_ATION
W 1'JSS-LU1b AGUKU GUKI-UKAI IUIV. AU ngnis re5erveu.
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 j
211 Eighth Street
Seal Beach, CA 90740
AUTHORIZED REPRESENTATIVE
W 1'JSS-LU1b AGUKU GUKI-UKAI IUIV. AU ngnis re5erveu.
ACORD 25 (2016/03), The ACORD name and logo are registered marks of ACORD