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HomeMy WebLinkAboutPACIFIC COAST CABLING 2 - 2003INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES I - J CLERK OE COUNCIL D^IE~ l~/Lal o~ AGREEMENT WITH PACIFIC COAST CABLING, INC. N-2003-144 THIS AGREEMENT, made and entered into this 1ST day of December, 2003, by and between PACIFIC COAST CABLING, INC., a California Corporation, hereinafter referred to as "CONTRACTOR", and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY". TERMS AND CONDITIONS 1. TIME PERIOD OF AGREEMENT This Agreement shall commence as of December 1, 2003 and all services to be performed pursuant to this Agreement shall be completed on or before June 30, 2004. The term of this Agreement may be extended by a writing executed by the Executive Director of the Commtmity Development Agency and the City Attorney. 2. INDEPENDENT CONTRACTOR CONTRACTOR agrees that CONTRACTOR is an independent contractor and not an employee of CITY and all of CONTRACTOR'S personnel shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. CONTRACTOR shall not subcontract any of the services required hereunder without prior written approval of the CITY. 3. SCOPE OF SERVICES For and in consideration of the hereinafter stated payment by CITY to CONTRACTOR, CONTRACTOR agrees to perform, at its own cost and expense except for the compensation specified in this Agreement, the services specified in Exhibit A, the Quote dated November 6, 2003, attached hereto and incorporated herein as Exhibit A to this Agreement. 4. CONTRACTOR OBLIGATIONS A. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. B. CITY, the State of Califomia and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR, subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at CONTRACTOR'S office or place of business for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. C. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. D. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. E. CONTRACTOR shall comply with the provisions of 48 CFR, Chapter 1, Parts 1-31.2, for commercial organizations and all other applicable federal statutes and executive orders and their implementing regulations. F. CONTRACTOR shall comply with the provisions of E.O. 12549 and 12689, requiring compliance with the debarment and suspension requirements contained in 29 CFR Part 98. G. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. H. CONTRACTOR agrees to provide a drug-free work place and to execute a certification as set forth in "Exhibit C" attached hereto and incorporated herein by this reference. I. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). 5. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including but not limited to the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 2. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the Santa Ana Local Workforee Investment Area's Board, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. 3. No person with responsibilities in the operation of any program under the Welfare-to-Work grant shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 4. CONTRACTOR shall maintain appropriate standards for health and safety in work and transportation situations. 5. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit D" and incorporated herein. 6. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workfome Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 7. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased by the CONTRACTOR under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 8. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, chumh, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 9. If the compensation hereunder exceeds $100,000, CONTRACTOR shall be in compliance with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 10. CONTRACTOR may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 11. CONTRACTOR is subject to applicable regulations governing patents and inventions, including government-wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." 6. COMPENSATION CITY agrees to pay, and CONTRACTOR agrees to accept for said services, total compensation in the amount not to exceed Five Thousand Five Hundred Sixty Seven Dollars ($5,567.00). CONTRACTOR will submit a detailed invoice evidencing services performed. Final payment by the CITY shall be within 30 days following receipt of said invoice, subject to CITY accounting procedures. 7. MISCELLANEOUS PROVISIONS A. CONTRACTOR covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. B. CONTRACTOR certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and Government Code 12900, et seq. C. This Agreement may be terminated by either party upon thirty (30) days written notice of termination. 7. HOLD HARMLESS CLAUSE CONTRACTOR agrees to indemnify and hold harmless CITY, its officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out acts or omissions of CONTRACTOR or of its approved subcontractor or of the officers, agents, employees of CONTRACTOR or of its subcontractors in the performance of this Agreement. 8. INSURANCE CONTRACTOR shall obtain and maintain for the entire term of this Agreement comprehensive general public liability insurance, in companies acceptable to the City, authorized to issue such insurance in the State of California. Said insurance shall consist of the following: a. Liability Insurance. CONTRACTOR shall maintain in full force and effect, for the period covered by this Agreement, comprehensive general liability insurance. This comprehensive general liability insurance shall name the City, its officers, agents and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of CONTRACTOR's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, CONTRACTOR, if CONTRACTOR has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. CONTRACTOR agrees to comply with such provisions before commencing the performance of the work under this Agreement. c. Automobile Insurance. Contract shall provide the City with proof of valid automobile insurance coverage for all vehicles owned/used by Contractor, with coverage in the minimum amount of $1,000,000.00. d. The following requirements apply to the insurance to be provided by CONTRACTOR pursuant to paragraph a., above: 1. A certificate of insurance, to be approved in form by the City Attorney, shall be fumished to the City within 30 days of the execution of this Agreement. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If CONTRACTOR fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect CONTRACTOR's right to be paid for its time and materials expended prior to notification of termination. 9. TERMiNATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 10. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. 11. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. 12. NOTICES All notices, reports and correspondence between the parties hereto respecting this agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copy to: Santa Ana Work Center 1000 E. Santa Ana Blvd., #200 Santa Ana, CA 92701 Telefascimile (714) 565-2602 To Contractor: Pacific Coast Cabling, Inc. 2031 E. Cerritos Ave., Ste. 7B Anaheim, CA 92806 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Johnt:l~. 'Reekstin, Executive Director Community Development Agency CITY OF SANTA ANA, a municipal corporation of the State of California City Manager PACIFIC COAST CABLING TITLE: ~ rZ~//~ Tax ID#95-4141989 Pacific Coast Cablin~ we connect information. 11/6/03 David LaBossiere City of Santa Ana 20 Civic Center Plaza, M45 Santa Ana, CA 92702 RE: Quote No.. E110603GNH-609 Dear David Thank you for the opportunity to provide a communications infrastructure solution to your organization. The Pacific Coast CaNing team I. ooks forward to compLeting the Structured CaNing 'instattation at the Train Station facility. our company Pacific Coast CabUng - we connect information. We know that communication is vital to the success of your organization. At Pacific Coast CaNing, we provide the means to make your comr0unication systems mission-ready at all. times. We are a premier provider of structured cabling systems, LAN/WAN networking equipment and our own fabricated cane assembl.ies. We are proud to bring our clients best-of-breed products from our partners: Belden Wire E CaNe Company, Berk-Tek, NORDX/CDT, Hitachi CaNe Manchester, Foundry, Panduit, S~emon/Commscope, KRONE, Avaya, Ortronics, CORNING and Terabeam. And our history of outstanding customer service and qual.ity workmanship has brought us ctients such as Amgen, 20th Century Fox, DreamWorks, Warner Brothers, Countrywide, Disney, Sempra Energy, St. John's, See Beyond and UCLA, to name just a few. our qualifications American National. Standards Institute (ANSI) CompUant Etectronics Industries Association (EIA) CompUant Telecommunications Industry Association (TIA) CompUant Institute of El*ectdcal and Etectronics Engineers (IEEE) Compl.iant BICSI Corporate Member Registered Communications Distribution Designers (RCDD) on Staff Manufacturer Certified Licensed Contractor, No. 534115 FuRy Insured High Bonding Capacity Should you have any questions, please do not hesitate to contact me directty. I can be reached at 714-563-8073, via fax at 714-563-8080 or via emai[ at bgoodwin~pcdnc.com. Best regards, Bill Goodwin Regional Sales Manager EXHIBIT A ' 2031 e. ce~itos avenue suite 7b anaheim, ca 92806 t714-563-8070 f714-563-8080 www.pccinc.com Pacific Coast Cabling we connect information. statement of work Contract Requirements PCC shat[ provide Certificates of Insurance for General Liability, AutomobiLe Liability, and Workers Compensation and Employers Liability naming City of Santa Ana as additionally insured. PCC shall provide an installation that is compliant with Avaya installation practices, TIA/EIA-568A, 569, 606 and 607 specifications as well as NEC and local building codes. PCC's price shaft encompass alt app[icabLe costs to provide a turn key structured cabling system solution including but not limited to at~ materials, labor, consumables, storage, waste removal, cable support hardware, toots, equipment, etc. Tentative Schedule Start Date - November 03 Completion Date - December 03 O. uality 1.0 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Assurance Installation Practices INSTALLATION PRACTICES Ali equipment shat[ be instat{ed in a neat and professional Like manner and to the comp{ete satisfaction of the Client. Any cab[e, or material instal{ed that does not meet the installation specifications provided by the Statement of Work shall be replaced or repaired to Client's fu{l approval without additiona{ cost. INSTALLATION REQUIREMENTS Installation procedures must meet or exceed the requirements listed be[ow: InstalLation and construction practices shat{ be in accordance with local utility practices and agreements, state, city and county ordinances, statutes and regu{ations, the Nationa{ ELectric Safety Code, TIA/EIA-§68A, TIA/EIA-569, TIA/EIA-606 and TIA/EIA-607. The C{ient's Standard Construction Specifications shaLL apply where applicable. AlL equipment deemed necessary must be new and of the type specified in the BiLL of Materia{s. No substituted items shal{ be allowed except as specified or approved by the Client. No custom items shall be at{owed except as specified or approved by the CLient. AlL wiring sha{l conform to the National Electric Code and all applicable Local Codes. Att racks and power supplies shall be earth grounded using #6 AWG, bare copper wire to local ground grid. Customer and its General Contractor is required to provide a terminal ground buss (TGB) in the area of the equipment racks. Att building terminal ground buss (TGB) shall be common{y connected to a main terminal ground buss (MTGB) located near the building's main power buss. Ark cables routed through ceilings, and building structure, shall be supported from the structure independenUy from other trades at intervals that meet applicable federal, state and local building codes. Cab{es shall be routed in such a manner as to aL{ow other maintenance activities to occur without damage to the cable. 2031 e. ce~itos avenuesuite 7b anaheim, ca 92806 t714-563-8070 ~ i4.563-8080 www.pccinc.com .Pacific Coast Cabling we connect information. 2.7 2.8 2.9 2.10 3.0 4.0 4.1 4.2 PCC shall exercise due care in handling twisted pair so as not to damage the cable. Maximum pulling tension and bend radius pre and post installation shall be adhered to. PCC shall be responsible for scheduling and coordinating the cable placement with other activities which may take place subsequent to cable placement. Notice is given that the cable construction is such that relatively minor physical damage, such as compression and kinks, can have major impact on system performance. Separation distances between cabl. e and EMI sources must be maintained. Reference TIA/EIA-569. When practical alt equipment shall be installed so as to be readily accessible for maintenance and shall be located so as not to interfere with servicing of other utilities or services. CLEAN-UP During the installation, on a daily basis, and upon completion of the work, PCC shall remove all debris and waste material from the site of work and adjacent work areas, and shat[ leave the facilities in a neat and orderly condition to the satisfaction of the Client's Project Manager. During the duration of the installation and construction phases, PCC shall maintain an attitude of safety, cleanliness and tidiness. Subcontractor shall remove daily all scrap and waste materials. Each day, PCC shall leave the premises as orderly as when he began construction. SAFETY Installation shat[ be designed and accomplished with safety as a primary consideration. The objective is to protect equally the pubUc, the client, and the contracting employees. PCC shall at all times exercise extreme care to reduce to a minimum the hazard of accidental injury to themselves and the pubUc due to the presence and installation of wires and equipment particular to their trade. Specifications Horizontal CablinR Remove cables to ceiling area from (8) station locations before furniture remodel. Place back into furniture after remodeling, re terminate and test a~[ cables. Emanating from the TC, instaR approximately (4) voice/data out[ets in fixed wall offices. Emanating from the TC, instal[ approximately (5) voice/data outlets in cubicle offices. Each location wiR receive (2) voice and (2) data cab[es. All cables routed within the TC shall be dressed and bundled in a neat and professional manner using velcro type fasteners. All installed communications cable wilt be supported from the deck above the ceiling tiles by their own cable supports every 4 feet. Work Area Outlet (WAO) Configuration: Two (2) Avaya 2061-Light Blue Enhanced Category 5, 24 AWG, 4 pair, Plenum/FEP rated, blue jacketed cable for data and two (2) Avaya 2061-White, Category SE, 24 AWG, 4 pair, Henum/FEP rated, cable for. 2031 e. ce~itos avenue suite 7b anaheim, ca 92806 t714-563-8070 f714-563-8080 www.pccinc.com Pacific Coast Cab[in~ we connect inforrnaUon. Each data cable is terminated on one (1) Avaya, Enhanced Category 5, T568A, blue, jack insert. Each voice cable is terminated on one (1) Avaya Enhanced Category 5, T568A, white, jack insert. Distribution Voice - By customer. Data - Provide only (9) 7' Category 5E Gray Patch Cables and (9) 10' Category 5E Blue Patch Cables. Testing, Labelin~ and Documentation Data - Perform a Permanent Link test on att data cables to Avaya specifications and TIA/EIA-§68B.1 C5e or TIA/EIA-568B.2-1 C6, Level III requirements usin8 a Microtest PentaScanner 350 or OmniScanner. Provide test results in electronic documentation format. Voice - Test all voice horizontal and backbone circuits for continuity, shorts, opens, transpositions and proper labeling. pricing We w~ll perform the above scope of work for the sum of: Four Thousand Nine Hundred Eighty Four and 93/100 Dollars, (~ 4,984.93 Material Sales Tax of $107.73 ) Price includes terms [t conditions, assumptions [~ caveats Payment terms are 7% 10, Net 30 from invoice date. Any variance to these terms must be negotiated with our CFO/Controlter~ 1. A purchase order or written contract will be required prior to the start of this project. All labor has been quoted during Pacific Coast Cabling regular business hours of 7:00 a.m. to 3:30 p.m., Monday through Friday except holidays. Work outside of regular business hours is available where additional charges may apply. Idle time incurred by Pacific Coast Cabling due to the absence of required escorts, clearances, permits, inability to enter the work piace, delays by other trades or other factors beyond our control wilt be charged to the customer at a rate of ($55.00) per man-hour. It is the responsibility of the proposed client to notify Pacific Coast Cabling, prior to the start of a project, of any Hazardous Materials such as asbestos contained materiats (ACMs), Lead, Acids, Chemicals, etc., in or around the area of the project that may be disturbed. In the event that Hazardous Materials are present prior to job commencement or are encountered 2031 e. cerritos avenue suite 7b anaheim, ca 92806 t714-563-8070 I'714-563-8080 ;vww.pccinc.com Pacific Coast Cabling we connect information. durin~ the project, additional costs, damages and/or delays attributed to necessary procedures for workin~ in this environment wilt be the responsibility of the proposed client and/or bui[din~ owner/management. The information contained in this document is proprietary to Pacific Coast Cabling, Inc. and is intended to be used as evaluation and/or biddin~ information only. No part of this document may be disclosed, reproduced and/or distributed to anyone except the listed recipients within this package without the written permission from Pacific Coast Cabling, Inc.. This quotation is based upon information provided by the client and is limited to the material and labor items listed herein. Any changes to this quote must be asreed upon by all parties in the form of a written change order and may result in additional charses to the client. ALI change orders must be signed by the customer prior to the commencement of work specified in that chanse order. Pacific Coast Cablin8 assumes that all pathways are clear and accessible ssdth the necessary capacity for the work to be performed as described in the Specifications/Statement of Work/Scope of Work. It is the responsibility of the client to provide adequate pathways where -deficiencies are present. 8. It is assumed that pull strings will be provided in att conduits installed by others. 9. Certificates of Insurance will be submitted upon request. Special requirements, such as waiver's of subrogation, may result in additional charges to the customer. 10. Pacific Coast Cabling's quotation is good for (30) days from the date of quotation. 11. This quotation is not to be used as an "Add Et Delete" schedule. 12. If Pacific Coast Cabling crews are required to be on-site durin~ move-in, system start-up, or first in service, this wiit be biiied on a Time Et Material basis. Pacific Coast Cabling will have the account manager available during the project cut over on-catt for any questions. 13. No wall repair, paintin~ or removal of existing/abandoned cable is included in this project. The National Electrical Code (NEC) was amended in 2002. One of the amendments concerns the requirement that abandoned cable (both copper and fiber) be removed. The NEC defines "abandoned cable" as: Installed communications cable that is not terminated at both ends at a connector or other equipment and not identified for future use with a tag." Our bid is provide submitted without costs for any removal of abandoned cable. In the event we are directed to remove abandoned cable, PCC will perform removal work at a YEtM basis. 14. No permit, license, or bond(s) costs are included as a part of this response. 15. Parking will be provided to Pacific Coast Cabling employees at no additional cost. 16. Pacific Coast Cabling realizes that removal, storage and reinstallation of existing (used) ceiling tiles may result in incidental damages. While Pacific Coast Cabling exercises care in the handling of these tiles, incidental damage may occur. ~,s such, Pacific Coast Cabling accepts no liability for any such incidental damages. 2031 e. cerritos avenue suite 7b anaheim, ca 92806 t714-563-8070 f714-563-8080 www.pccinc.com Pacific Coast Cabling we connect information. 17. Pricing for this project is based on the assumption that the ceiljng type is suspended with drop in tiles not exceeding 10' in height. 18. All coring to be provided by others. FI. oor or wall X-Ray's are not included. If X-Ray's are required, customer wilt be responsibl, e for additional charges to perform this service. 19. No liquidated damages will. be accepted. 20. Price does not include the identification and/or removal of any existing cabEng or components abandoned or otherwise. 21. Price is based upon the assumption that this is not a prevailing wage job. It is the Owner or appl. icable agencies responsibility to notify bidders if prevailing wages are required to be paid, and what prevailing wage schedule should be used for any given project. If prevailing wages are required additional costs will be incurred and charged back to the Owner or appEcable agency. 22.,Price does not include any grounding and/or bonding of equipment, racks, cabinets, conduits, raceways, cable tray, cable runway, cable sheaths, etc... 23. Price does not indude, plywood backboards, fire rated plywood backboards, and/or the painting of said backboards. 2031 e. cerritos avenue suite 7b anaheim, ca 92806 t714-563-8070 f'714-563-8080 w~ w.pccinc.com CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS ~nd COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: .1) No Federal appropriated funds have been paid or will be paid, by or 'on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an o, fficer or employee of Congress, or an employee of a Member of Congre'ss in connection with the awarding of any Federal contracts, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2) ~f any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. " 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was pla. ced when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more that $100,O00 for each such failure. Pacific Coast Cab].inG~ Inc. Grantee/ContractOr O rg aj;r~zation Name of Ce~tifyin9 ~;~1 S~ature EXHIBIT C Certification Re,qardin.q Drug-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (2) Abide by the terms of the statement; and Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. Pg. 2 (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee Or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (g) (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Dated: 12-5-03 Pacific Coamt Cabling: Program Operator DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name: Pacific Coast Cabling, Inc. Name ofContra~tor: Pacific Coast Cabling, Inc. 95-4141989 Contractor Number: Date: 12-5-03 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract convered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): The Depot at Santa Ana 1000 E. Santa Ana Blvd. Santa Ana, CA 92701 Exhibit D Contractor agrees that in addition to those agreements and obligations specified in the contract boiler plate, program narrative and statement of work, they will also adhere to and obey the following provisions, assurances, and certifications. ARTICLES l) 2) 3) 4) Contractor assures and certifies that where applicable, classroom training instructors are properly credentialed, and training curriculums comply with State Education Codes. Contractor assures and certifies that any requested modification to this agreement must be submitted in ~witing, explaining requested changes and rationale. Contractor further assures that no modification will be implemented without prior written approval from the Santa Aha Local Workforce Investment Area's Board. Contract assures and certifies that they are in good standing with the California Secretary of State Franchise Tax Board and Internal Revenue Service. Contract agrees to coop'erate with any monitoring, inspection, audit, or investigations of activities related to this agreement as may be scheduled and conducted by the Santa Ana Local Workforce Investment Area's Board. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Cove.red Transactions This certification is required bY the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Re~ister (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS'FOR CERTIFICATION - Attached) // (1) The prospective recipi.ent of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are 'presently debarred, suspended, proposed for debarment, declared ineligible, or 'voluntarily excluded from participation in this transaction by any federal departrneht or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Pacific Coast Cabling, Inc. Name and Title of Authorized Representative Sigr~tu-r~ ' v //~.. Date 1225-03 Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. The certification in this clause is a materiai representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. The prospective recipient of federal assistance funds shall provide immediate xwitten notice to the person to which this proposal is submitted if at a.dy time the prospective recipient of federal assistance ftmds learns that ils certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the pr~p0sed covered trahsaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. EXHIBIT D Page 2 of 2 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, un[ess it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non-Procurement Proo~rams. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in tl/e ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a.participant in a covered transaction knowingly.enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other i-emedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarmenL AC_O_R_D. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI~ CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE COVERAGES 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 AJaY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CON DiTIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS. ~ OCCUR ~ ~MS MADE AGGREGATE $ ,,C~RTIFICATE HOLDER t ~ I ADDmONA~. INSURED; INSURER ~.ETrEB: ~ CANCELLATION D8/28/2~03 12:57 9896774258 POSTALANNEX PAGE 82 O~f~2tO~ O~:~ ~A~ 8i~ 407 1Bi, 3 ~CIF[C ~OA~ CABLING ~i ~ P~¢ ~I~ATSWORTH ADDITIONAL INSURED ENDORgI~M;:::NT m This endorsement rn..~d;fies su,'h insurance es Is afforded by the provlsi=ns of Policy # '7~/Z/~/E~O~7~c] ~ relating to the folJowing: i;~?Ol;1'2 TEe oily of Santa And, 20 C:iv[= Canter Plaza, Santa Anm, .California its officers, enlployees, agerlt~ arid VOlUntsera are named es additional Insureds ("additional ]hsuoeds") with re,ara to liability end defense of eulta arising from the : ' 2. With respect to ~=lalms arlslng out of the operations and use~ perforrrled by or on behalf of' the named Insured, awoh insuranoe es Is afforded by thla poliCy Is primary and is not additional to or ,~ontrlbutlng with any, other InSurance carried t~y or for the l=eneflt oFtha adcUfl~nal Ink.rads. sult is brought, ex=apt with respect to the o~mpany's [imi~ of liability. The pe~on or organization wo~ld have aa a ~latmmne if,not ao included, ~, With respect te the additional Inaured~, this Insurance shall not canceled, or materially red~eed In coverage or limits exoept a~er thi~ (3o) clays written ~o~loe ha~ bee~ g]van to ~e City of Santa And, 20 Civic Ce~er Plaza, ~anta Gsllfornla 9270% of the fotlowlng, [ncludlng countersignature, Is required to make' thls ,this endot'sement lorn1 as a part Insura~ Countersigned ~4.-~ A~dthorlzed Representative ~ : - AS TO FORM