HomeMy WebLinkAboutC-8471-2 - On-Call M/RSA for Data, Telecommunications, and Fiber Optic Cabling ServicesN
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ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
1 WITH PACIFIC COAST CABLING, INC. DBA PCC NETWORK SOLUTIONS FOR
DATA, TELECOMMUNICATIONS, AND FIBER OPTIC CABLING SERVICES
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 1st day of January, 2023 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and PACIFIC COAST CABLING, INC., a California
corporation, doing business as ("DBA") PCC NETWORK SOLUTIONS ("Contractor"),
whose address is 20717 Prairie Street, Chatsworth, CA 91311, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call maintenance and/or repair
services for data, telecommunications, and fiber optic cabling ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Ninety Thousand Dollars and 00/100
($90,000.00), without prior written amendment to the Agreement.
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4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated James Wilmington to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. City's IT
Manager or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
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8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
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judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
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mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
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VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
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18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
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discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at-
Attn: IT Manager
City Manager's Office
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
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25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at-
Attn: James Wilmington
Pacific Coast Cabling, Inc. dba PCC Network Solutions
20717 Prairie Street
Chatsworth, CA 91311
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
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28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
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29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: y o/zz-
By: 119A, 44\
on t. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California m nicipal corporation
Date: 1/lGl rU7-3
By:
G rate W Leung
Ci anager
CONTRACTOR:
PACIFIC COAST CABLING, INC., a
California corporation, doing business as
("DBA") PCC NETWORK SOLUTIONS
Date:
Signed in Counterpart
David Burr
Chief Executive Officer
Date:
Signed in Counterpart
James Wilmington
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: i'/aln
By:
,WA a i t) -
on C. Harp
City Attorney i2?0, a
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONTRACTOR:
PACIFIC COAST CABLING, INC., a
California corporation, doing business as
("DBA") PCC NETWORK SOLUTIONS
Date:
By: I
David Burr
Chief Executive Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page 13
EXHIBIT A
SCOPE OF SERVICES
Pacific Coast Cabling, Inc dba PCC Network Solutions. Page A-1
SCOPE OF SERVICES
Objective:
Contractor shall provide on -call maintenance and repair services related to data,
telecommunications, and fiber optic cabling at City -owned facilities.
Minimum Qualifications:
• Have qualified personnel who have prerequisite knowledge and experience.
• Have at least three (3) satisfactory references for similar services within past three (3)
years OR have performed satisfactory work for City within past three (3) years.
• Must maintain a current California C-7 Low Voltage Systems Contractor License or C-10
Electrical Contractor License (Attach a copy of your Contractor License).
• Must be a CommScope Systimax certified contractor and have CommScope Systimax
certified technicians on staff at the local office.
• Must be a Panduit certified contractor and have Panduit certified technicians on staff at
the local office.
• Must be a Corning Optical Communications certified contractor and have Corning Optical
Communications certified technicians on staff at the local office.
• Must have lift trained and certified personnel on staff.
• Must possess test equipment, including Fluke DSX, Certifiber and OTDR's and have
trained and certified personnel on staff.
• Must possess fusion splicers and have trained and certified personnel on staff.
• Have been in the structured cabling installation business for at least seven (7) years
• Have operated in California for at least five (5) years
• Have an office with warehouse space within 30 miles of the City center.
• Have at least seven (7) years' experience installing OSP copper and fiber backbone
cabling and all OSP crew members must have confined space certifications
• Meet the insurance requirements detailed in this RFP document.
Description:
TECHNICAL SPECIFICATIONS
CABLING SERVICES
• Contractor shall provide services including, but not be limited to, cabling, patch panels,
voice and data outlets, conduit, equipment racks and ladders, testing, labeling and
documenting.
• Contractor acknowledges that the City's buildings have a wide variation of age, condition
and construction methods. Cable routing may involve transitions through various space
such as hard -lid and suspended ceilings, under floors and through walls of various
construction. Cabling must be routed efficiently, but also neatly, using existing cable
routes.
• Contractor shall ensure that the allowable bend radius for specified cable is not exceeded.
• Contractor shall avoid cable splices unless absolutely necessary. City must give written
approval for any splicing and reserves the right to reject any splicing request.
• Contractor shall support cable bundles with a J-hook or trapeze system for all horizontal
cables at four -foot intervals maximum, and ensure that cables do not rest on acoustic
ceiling grids or panels.
• Contractor shall ensure that cable is installed above all fire sprinklers, not attached to any
ancillary equipment or hardware, does not interfere with any valves, fire alarm conduit,
boxes, or other control devices, and is not attached to ceiling grid or lighting support wires.
• Contractor shall install clips to properly support the cabling.
• Contractor shall terminate connections for as directed by the City.
• Contactor shall utilize a labeling scheme as directed by the City.
TESTING
• Contractor shall ensure that all test equipment meets or exceeds the cable manufacturer's
requirements.
• Contractor shall test all installed components according to the cable manufacturer's
requirements.
• Contractor shall retest any failures of tests at Contractor's sole expense.
• Contractor shall replace any failed cable at Contractor's sole expense.
• Contractor shall provide a printed or electronic copy of the test results to the Project
Manager.
LABOR AND MATERIALS
• Contractor shall provide all storage space needed for performance of this work in a
secured off -site location. City facilities shall not be used for the storage of any material,
tools or equipment required to perform this work.
• All materials shall be new, high grade (commercial grade), free of defects, suitable for the
specific purpose intended, and subject to the review and approval of the Contract
Administrator or their designee.
• Certain small parts, such as wire, nuts, bolts, screws, tape and other materials shall be
included in the written Letter Proposal accepted by City according to the terms of the
Agreement.
• All guarantees and warranties obtainable by the contractor from manufacturers and
vendors of equipment, in the performance of this Agreement, shall be extended to the City
to the full extent of their terms.
DESCRIPTION OF PROJECT
The contractor shall furnish all material, labor, equipment and supervision necessary to perform
the as -needed cabling services at various City locations as requested by the City. Projects may
also encompass the need for outside plant ("OSP") copper or fiber optic cabling.
SERVICE LEVEL
On -call service may be required around the clock, 24 hours per day, 7 days per week and 365
days per year. Contractor shall use its best efforts to respond to emergency outages reporting
within a four (4) hour period and non -emergency events within 48 hours after City has accepted
a written Letter Proposal according to the terms of the Agreement.
LEVEL OF MAINTENANCE
• If, in the judgment of the City, the level of maintenance is less than that specified in the
Agreement, the City shall, at its option, in addition to or in lieu of other remedies provided
herein, withhold appropriate payment from the Contractor until services are rendered in
accordance with specifications set forth within this Agreement, and providing no other
arrangements have been made between the Contractor and the City. Failure to notify of a
change and/or failure to perform an item or work on a scheduled day may, at the City's
sole discretion, result in deduction of payment for that date, week, or month. Payment will
be retained for work not performed until such time as the work is performed to City
standard.
• The Contractor is required to correct deficiencies within the time specified by the City. If
noted deficient work has not been completed, payment for subject deficiency shall be
withheld and shall continue to be withheld until deficiency is corrected, without right to
retroactive payments.
WORKMANSHIP AND SUPERVISION
• All work shall be subject to the approval of the Project Administrator. Any specific
problem area which does not meet the conditions of the specifications set forth herein
shall be called to the attention of the Contractor, and if not corrected, payment to the
Contractor will not be made until condition is corrected in a satisfactory manner as set
forth in the specifications.
• Unless otherwise stated, Contractor shall be responsible to provide all labor and materials
to allow for successful project completion.
• Contractor shall maintain a California C-7 Low Voltage Systems Contractor license or C-
10 Electrical Contractor license at all time for the duration of the agreement.
• Contractor shall maintain all work sites free of hazards to persons and/or property resulting
from the Contractor's operations. Any hazardous condition noted by the Contractor, which
is not a result of the Contractor's operations, shall be immediately reported to the City.
Contractor shall be responsible for removing and cleaning any and all debris that occurs
as a result of its operations as a result of services requested in this scope of work.
• Contractor shall comply with all hazardous materials disposal laws, rules, regulations and
ordinances.
• Contractor shall be compensated for reasonable and allowable materials costs as
described in Exhibit B and/or otherwise incurred under a particular written Letter Proposal
accepted by City according to the terms of the Agreement. Materials costs must be
substantiated with invoices submitted by the contractor for materials used in performing
the approved tasks.
o Contractor markup on materials required to perform the services described herein
shall be fixed for the term of the agreement. In no case, shall contractor's mark up
for materials exceed fifteen percent (15%).
o Receipts will be required and shall be provided by the Contractor to substantiate
costs incurred by the contractor for all materials included in each invoice submitted
to the City for payment.
QUALITY OF MATERIAL
The cost of all materials shall be wholesale cost of the material, plus the maximum overhead of
15%. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price,
including discounts available. Receipts shall be required for reimbursements. City reserves the
right to specify what type of material and will be purchased per project. All materials purchases
shall be preapproved by the City's Project Administrator. At no time shall the cost of materials
exceed retail cost plus the approve overhead charge identified.
The City reserves the right to purchase materials directly and make them available to the
Contractor. In the event the City exercises the option to purchase the materials, the following
conditions will apply:
• Contractors shall conform to all City practices and procedures
• All City purchases will be for the sole expressed use of and for the City.
• The Contractor shall secure, store, inventory, distribute and control all materials entrusted
to them. All materials and inventories shall be made available to the City upon request.
Coll
PCC Network Solutions
Design. Build. Deliver.
ESCALATION LIST — CITY OF NEWPORT BEACH
PCC Network Solutions takes a special interest in fully meeting our client needs. Our representatives are
guaranteed available at all times to service your account. PCC will make our best effort to meet or exceed
delivery expectations. If you have any questions or technical support issues related to your account, please
contact us via any of the communication methods provided.
In addition to our representative contacts, an off hours emergency paging service is also available at
800.313.1911. The automated attendant at this number will instruct you through the paging process
Dispatch Process -Standard Delivery — 48 Hours
Contact Primary Point of Contact for Dispatch (POC) via email or phone with Work Order Request. If
you do not receive a confirmation of request during normal business hours within 4-hours, call the
Operations Manager, Senior Systems Engineer and then noted Principal in that order of priority.
Dispatch Process -Standard Delivery — 4 Hours Response
Contact Primary Point of Contact for Dispatch (POC) via phone with Work Order Request. If you do
not receive a confirmation of request within 1-hour, call the Operations Manager, Senior Systems
Engineer and then noted Principal in that order of priority. If off hours, and you were not able to
reach the noted staff, contact the Emergency Paging Service.
CSS Coordinator - POC to
Dispatch CSS Technicians
CSS Technician — Back Up
CSS Technician Dispatched
through the CSS
Coordinator, Not Directly
OSP Copper/Fiber
Technician — Dispatched
through the CSS
Coordinator, Not Directly
OSP Copper/Fiber
Technician — Dispatched
through the CSS
Coordinator, Not Directly
Mr. Curt McDougall
Mobile Phone: 972.872.5748
E-Mail Address: cmcdougalMDCCinc.com
Mr. Mark Jones
Mobile Phone: 818-535-9256
E-Mail Address: mjones@Dccinc.com
Mr. Manual Reyes
Mobile Phone: 818-535-9293
E-Mail Address: mreves@pccinc.com
Mr. Doug Poppen
Mobile Phone: 818-535-9169
E-Mail Address: dpoppen(ftccinc.com
Senior Systems Mr. Greg Amy
Engineer/RCDD — POC for Business Phone: 714.563.8074
Design, Estimating & Business Fax: 714.563.8080
Project Management Mobile Phone: 714.448.4245
E-Mail Address: gamy@Dccinc.com
Corporate Headquarters*
20717 Prairie Street, Chatsworth, CA 91311 1 Toll free 800.313.1911 1 Phone 818.407.1911 1 Fax 818.407.1913 1 www.pccinc.com
*Additional locations in Orange County, Arizona, and Texas
to
PCC Network Solutions
Design. Build. Deliver.
Operations Manager —
Secondary Contact for CS5
Dispatch/ Management
Escalation
Mr. Michael Barnes
Business Phone: 818.534.1114
Business Fax: 818.407.1913
Mobile Phone: 818.535.9188
E-Mail Address: mbarnes(cbpcdnc.com
Principal/Chief Operating Mr. James Wilmington
Officer — Executive Business Phone: 818.534.1104
Management Escalation Business Fax: 818.407.1913
Mobile Phone: 818.535.9155
E-Mail Address: iwilminaton@Dccinc.com
Corporate Headquarters*
20717 Prairie Street, Chatsworth, CA 913111 Toll free 800.313.19111 Phone 818.407.1911 1 Fax 818.407.1913 1 www.pccinc.com
*Additional locations in Orange County, Arizona, and Texas
!3
PCC Network Solutions
Design. Build. Deliver.
0191more
AliAHEAC
2022 STATEMENT OF QUALIFICATIONS
Design. Our commitment. We design the entire cabled and wireless network infrastructure. We build the entire
installation, provide ongoing maintenance, and perform upgrades as needed. No one delivers results like
we do.
Build. From the outset, our qualifications and references are on the table. Qualifications you can only expect from
Deliver a highly trained, experienced, trustworthy contractor. We are at the top of our field, and our qualifications
e and partnerships prove it.
Services are scaled from complex multi -million dollar projects to simple moves, adds and changes.
Integrity - Get what you pay for.
WWW.PCCINC.COM
SAFETY Et TRAINING
• EMR: o.98
• IN-HOUSE BICSI AUTHORIZED TRAINING FACILITY
• IN-HOUSE MANUFACTURER TRAINING
• (3) RCDD'S
• BICSI CERTIFIED TECHNICIANS
�' ' • ALL FIELD STAFF OSHA io OR OSHA 30 CERTIFIED
° WEEKLY SAFETY TAILGATE MEETINGS
• COVID-19, LOCKOUT/TAGOUT, CONFINED SPACE
• SCISSOR LIFT, DUST CONTAINMENT, LADDER SAFETY, CPR
PCC CREDENTIALS
• ESTABLISHED 1985
® • OWNER -OPERATED
PCC Network Solutions mr)NI-1 INlnnl
• HIGH BONDING CAPACITY
• LOW BOND RATE
• BONDING AM BEST RATING: A VII Excellent
• DUNS & BRADSTREET NUMBER: 14-868-3634 • DUNS RATING: 4A2
• CA C7 LICENSE #534115 • AZ LICENSE # ROC167051
• DIR #1000002785
• LOCATIONS IN CA, AZ, AND TX
• EXTENDED MANUFACTURER AND WORKMANSHIP WARRANTIES
MANUFACTURER Et DISTRIBUTION PARTNERS
W"
• AXIS
• BELDEN
• BERK-TEK
• CAMBRIDGE SOUND MASKING
• CHATSWORTH PRODUCTS, INC. (CPI)
• COMMSCOPE SYSTIMAX/UNIPRISE
_ •CORNING
• DURALINE
GENERAL CABLE
LENCORE SOUND MASKING
• LEVITON
• ORTRONICS
• PANDUIT
• GRAYBAR
• WESCO ANIXTER
EQUIPMENT
'u
• TERMINATING
SPLICING
• TESTING
•SAFETY
• OUTSIDE PLANT (OSP)
�� • LABELING
• SMART PHONES
G. • REMOTE TIME & ATTENDANCE SOFTWARE
6 • LARGE FLEET OF GPS-EQUIPPED VANS AND TRUCKS
NATIONAL CAPABILITIES
VERTICAL MARKETS
• SELF PERFORM IN CA, AZ, AND TX
• PROJECT MANAGEMENT
LARGE NETWORK OF SUBCONTRACTOR PARTNERS IN MOST MAJOR
METROPOLITAN AREAS
• CONSISTENT LOOK AND FEEL
• NATIONAL ROLLOUTS
w
-AEROSPACE
• AIRPORTS
• CAMPUS ENVIRONMENTS
• CONSUMER GOODS
• DATA CENTERS
• DEFENSE
• EDUCATION
• ENTERTAINMENT
• FINANCIAL
• GOVERNMENT
• HEALTHCARE/HOSPITALS
• HOSPITALITY
• LEGAL
• MANUFACTURING
• MUNICIPALITIES
• RETAIL
-TECHNOLOGY
• UTILITIES
• WAREHOUSE
59
CUSTOMER TESTIMONIALS
I got in at 6am, and David was already By the way, I love the
f
working. That dude's a machine when it extra communication from
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comes to work; he gets stuff done. Great you guys. It does make a
employee! big difference.
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curve balls, long hours, and juggling of jobs throughout
G®saT,,ae�
e has kept his cool and been there for us when we
ave been very impressed with his efforts and support.
Fagreatset and testament to your company's quality of work!
I did a walkthrough of the communication
cabling installation that PCC installed, and
everything was installed per statement
of work and is labeled correctly. The
server room communication cabinet looks
great and hopefully the project that is
moving in is satisfied with the installation.
PCC did a great job!
ILT
It has always been
a pleasure to work
with your crews.
They do quality
work.
Without your diligence,
I wanted to take the time to thank
hard work, long hours,
you and your staff. I was impressed
and early mornings, we
with their professionalism, positive
would not have been
attitudes, collaboration in working
able to meet ROV's early
with other contractors, and their
voting deadlines. Thanks
excellence in their trade.
to everyone!
crew has been spectacular! Such workmanship and
ILYour
professionalism. I wish everyone had such dedicated and
professional associates working for them; it would really
life
make my easier!
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The network reconnect
of blood, sweat, and
but the end result is
Lu-,
went PERFECT today. I have
tiful nebranch.
to thank you and your team
for an amazing job. This
was by far the smoothest
office move I was a part of.
Considering you were given
limited info and a very short
time to act on it, your team
did great!
The work was completed on time, on
budget, and met or exceeded all of
our expectations. The installers were
friendly, professional, and flexible.
0
PCC NETWORK SOLUTIONS
CORPORATE HQ: ADDITIONAL LOCATIONS SERVICING:
20717 PRAIRIE ST., CHATSWORTH, CA 91311 ANAHEIM, CA
(818) 407-1911 PHOENIX, AZ
WWW.PCCINC.COM DALLAS / FT. WORTH, TX
a/pccnetworksolutionsto /pcc- network- solutions @pccns
CONTCTORS
dC� STATE LICENSE BOARD t
ACTIVE LICENSE
N-b., 534115 E-, CO R P
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DBA PCC NETWORK SOLUTIONS
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EXHIBIT B
SCHEDULE OF BILLING RATES
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
General Service
Hourly
Rates
Normal Service
Hours
Overtime Hours
Double -Time Hours
Holiday Hours
Year 1
$94.50
$141.75
$189.00
$236.25
Year 2
$97.50
$146.25
$195.00
$243.75
Year 3
$100.50
$150.75
$201.00
$251.25
CISP Copper/Fiber Specialist
Hourly
Rates
Normal Service
Hours
Overtime Hours
Double -Time Hours
Holiday Hours
Year 1
$124.50
$186.75
$249.00
$311.25
Year 2
$128.50
$192.75
$257.00
$321.25
Year 3
$132.50
$198.75
$265.00
$331.25
MISC Conditions
Minimum Hours Billed Per Service Call: 2 Hours
Response Time (Non -Emergency): 48 Hours
Response Time (Emergency): 4 Hours
Material Mark -Up Rate: not to exceed 15%
Rates Defined:
Normal Service Hours: Services rendered per person assigned to the task during the Contractor's
normal service hours (as agreed upon 8-hour shift between the hours of 5:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding Contractor -observed holidays).
Overtime Hours: Services rendered per person assigned to the task during the Contractor's over-
time service hours (the first 8-hours for any shift outside Contractor's normal service hours, all
time in excess of 8 hours and less than 12 hours on Monday through Friday, the first 12 hours on
Saturday and the first 8 hours on Sunday, excluding Contractor's observed holidays).
Double -Time Hours: Services rendered per person assigned to the task during the Contractor's
double-time service hours (all time in excess of 12 hours on Monday through Saturday, all time
in excess of the first 8 hours on Sundays, excluding Contractor's observed Holidays).
Holiday Hours: Services rendered per person assigned to the task during the Contractor's
observed Holidays (all California state holidays and United States federal holidays).
Limitations:
Contractor's invoices shall be in accordance with its letter proposal (quote) presented to the City
in accordance with Section 2 of the Agreement. Contractor's letter proposal shall include all time,
costs, expenses, and reimbursements. Unless otherwise stated, Contractor shall be responsible
to provide all labor and materials to allow for successful project completion. Materials costs must
be substantiated with invoices submitted by the contractor for materials used in performing the
approved tasks. Receipts are required and shall be provided by the Contractor to substantiate
costs incurred by the contractor for all materials included in each invoice submitted to the City
for payment.
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions. -
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page C-2
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page C-3
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page C-4
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Pacific
Coast Cabling, Inc., a California corporation, doing business as PCC Network Solutions,
hereinafter designated as the "Principal," an agreement for maintenance and/or repair
services for data, telecommunications, and fiber optic cabling, in the City of Newport
Beach, in strict conformity with the Agreement on file with the office of the City Clerk of
the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( )
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page D-1
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page D-3
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Pacific
Coast Cabling, Inc., a California corporation, doing business as PCC Network Solutions,
hereinafter designated as the "Principal," an agreement for maintenance and/or repair
services for data, telecommunications, and fiber optic cabling, in the City of Newport
Beach, in strict conformity with the Agreement on file with the office of the City Clerk of
the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns, for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page E-1
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Pacific Coast Cabling, Inc. dba PCC Network Solutions Page E-3
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Name: Pacific Coast Cabling, Inc. dba
PCC Network Soluti
Account Number: FV00000924
Address: 20717 Prairie Street, Chatsworth,
CA, 91311
Status: Currently in Compliance
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FV00000924
Maintenance/Repair
Services Agreement
Pacific Coast
Cabling, Inc. dba
PCC Network Soluti
20717 Prairie Street
Chatsworth
CA
91311
Address Updated:
Physical Address