HomeMy WebLinkAboutGaynor Telesystems, Inc. 2017-06-12lGl-7zz�
Between GAYNOR TELESYSTEMS, INC. 9650 Tanqueray Ct., Redding, CA 96003
And City of Ukiah, 300 Seminary Ave, Ukiah, Ca 95482
(Pelvo CCTV System)
Gaynor Telesystems, Inc., hereby agrees to provide Customer with labor and materials for the maintenance of the above -
identified system (except equipment owned by the local telephone company) located at Customer's above address and
Customer agrees to pay therefore in accordance with the following terms and conditions:
1. Payment — Customer agrees to pay Gaynor Telesystems, Inc. the sum of6998.00 annually, payable in advance, plus
charges for "non -replacement parts" as defined in Section 5 below and related sales taxes.
2. Term, Option to Renew— The term of this agreement shall be from 6/12/17 until 6/11/18 the first anniversary thereof.
3. Maintenance Obligations— Gaynor Telesystems, Inc. shall keep the system in good working condition and repair, furnish
all necessary labor and materials, and load the most current software backup provided by customer. Gaynor Telesystems,
Inc. shall provide regular service within 48 hours of Customer's request and emergency service (that is, where there has
been a total failure of the system) within 3 hours of Customer's request unless, in either case, prevented by war, labor
trouble, civil disturbance or other cause that is beyond the control of Gaynor Telesystems, Inc.
4, Customer's Remedies for Non -Performance — In the event of a material breach bf this agreement by Gaynor Telesystems,
Inc., Customer may cancel this agreement. This remedy shall be Customer's exclusive remedy, and Gaynor Telesystems,
Inc. shall in no event be liable for consequential damages for commercial loss or otherwise.
5. Non -Replacement Parts and Billable Labor — Non -replacement parts means all parts except parts replacing those that are
defective, worn out or used up. Non -replacement parts include, without limitation, parts replacing those that have been
damaged by negligence, tampering, fire, flood, wind, act of God or a public enemy, A/C failure ("brown outs" or power
surges, etc.), those which have been lost or stolen, and batteries and headsets. Billable labor means all labor except labor
to replace those parts that are defective, worn out or used up.
6. Charge for Unnecessary Calls — In the event Customer calls for service and it is determined that there is no fault with the
equipment covered under this agreement, Customer may be charged for the time involved.
7. Cancellation for Unauthorized Work — In the event Customer has work on the system done by non -manufacturer
certified technicians or non -Gaynor Telesystems Inc. technicians, at Gaynor Telesystems Inc.'s sole option, this
agreement may be declared void, the Customer will be notified ofthis election and no refunds shall be due to Customer
and no obligation to work on the system further shall attach to Gaynor Telesystems Inc.
8. Prevailing wage addendum applies to this agreement.
9. Gaynor Telesysterns, Inc will maintain insurance per city's STD insurance requirement for contractors.
Customer must have UPS protection at all tinges to have system covered under this maintenance agreement.
GAYNOR TELESYSTEMS, INC.
Date
City of Ukiah
Ile
At cepte by (pleas
Title
Date
Gaynor Telesystems, Inc., will furnish parts and labor to keep the system in good
working order per the attached Maintenance Agreement dated 5/8/17 for The City
of Ukiah: Pelco CCTV System
* In addition Client will also receive:
* 3 Hour Remote response, or EMERGENCY and Priority Situations
* 48 Hour Response for Normal Service
* 72 Hour Response for Moves, Adds and Changes with appointment given. (Contingent upon
parts availability)
c) Reduced Labor rate for all MAC (billable) work. Labor will be billed at reduced rate from
standard billing rate and there will be no trip charge, if applicable. Waiver of $150.00
Emergency Call Fee.
* Free Help Desk
* 5 Hours Complimentary End User Training Annually (does not accumulate or roll over)
Agreed:
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PREVAILING WAGE
ADDENDUM
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Vendor agrees to comply with the following requirement.
1. New SB 854 requirements
1.1 No contractor or subcontractor may be listed on a bid proposal for a public
works project (submitted on or after March 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited
exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)].
1.2 No contractor or subcontractor may be awarded a contract for public work
on a public works project (awarded on or after April 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5.
1.3 This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
1.4 The Labor Commissioner through the Division of Labor Standards
Enforcement (DLSE) may at any time require contractors and subcontractors to furnish
electronic certified payroll records directly to DLSE. Commencing with contracts
awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic
certified payroll records directly to the DLSE.
1.5 The Prime Contractor is required to post job notices at the job site as
prescribed by regulations (currently, 8 CCR §16451(d).)
2. Use of Employees.
2.1. Contractor and any subcontractors shall pay all mechanics and laborers
employed by them to work upon the site of the work unconditionally and without
subsequent deductions or rebate on any account the full amounts due at the time of
payment at wage rates not less than those contained in the applicable prevailing wage
determination, regardless of any contractual relationship which may be alleged to exist
between the Contractor and subcontractors and such laborers and mechanics.
2.2. Contractor shall comply with the California Labor Code Section 1775. In
accordance with said Section 1775, Contractor shall forfeit as a penalty to the City,
$50.00 for each calendar day or portion thereof, for each workman paid Iess than the
stipulated prevailing rates for such work or craft in which such workman is employed for
any work done under the Contract by him or her or by any subcontractor under him or her
in violation of the provisions of the Labor Code and in particular, Labor Code Sections
1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the
difference between such stipulated prevailing wage rates and the amount paid to each
workman for each calendar day or portion thereof for which each workman was paid less
than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.
Attachment A -Prevailing Wage Addendum
2.3. Pursuant to the provision of Section 1770 of the Labor Code of the State of
California, City has ascertained the general prevailing rate of wages (which rate includes
employer payments for health and welfare, vacation, pension and similar purposes)
applicable to the work to be done, for straight time work. The holiday wage rate listed
shall be applicable to all holidays recognized in the collective bargaining agreement of
the particular craft, classification, or type of workers concerned. Copies of the General
Prevailing gage Determination are on file in the office of the City Engineer and are
available to the Contractor on request. The Contractor shall post the wage determination
at the site of work in a prominent place where the workers can easily see it.
2.4. City will not recognize any claim for additional compensation because the
Contractor has paid any rate in excess of the prevailing wage rate obtained by the
Engineer. The possibility of wage increases is one of the elements to be considered by the
Contractor in determining his or her bid and will not in any circumstances be considered
as the basis for a claim against the City.
2.5. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to each worker needed to
execute the work in accordance with the requirements in Section 1773.8 of the Labor
Code (Chapter 880, Statutes of 1968).
2.6. Apprentices.
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes
of 1968) and 1777.6 of the California Labor Code concerning the employment of
apprentices by the Contractor or any subcontractor under him, Contractor and any
subcontractor under him or her shall comply with the requirements of said sections in the
employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Copies of Labor Code Sections 1771 (requiring prevailing wages), 1775 (imposing
penalties, including a $50 per day, per worker forfeiture, for failure to pay prevailing
wages), 1776 (requiring contractor to maintain available for inspection certified payroll
records), 1777.5 (requiring certain apprenticeship programs), 1813 (imposing penalties
for failure to make records available for inspection) and 1815 (requiring time and t/2 for
overtime) are available at the Department of Industrial Relations website at
http://www.dir.ca.gov/
Attachment A -Prevailing Wage Addendum 1)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors,
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability —Completed Operations Form No. CG 20 37 10 01),
B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
C. Worker's Compensation insurance as required by the State of California and Employer's Liability
Insurance.
IL Minimum Limits of Insurance
Contractor shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage
including oDerations, 12rodu.cts and completed 2RgLqtions. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit. Insurance must be written on an occurrence basis.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must
be written on an occurrence basis,
C. Worker's Compensation Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Ill. Deductibles and SAIM nsu red. Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require
the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers,
officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to
approve the deductible without a guarantee.
M. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or !Le endorsed to contain, the
following provisions:
A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL
INSURED with respect to liability arising out of automobiles owned, [eased, hired or borrowed by or on
behalf of the contractor; and with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts or equipment, furnished in connection with such work or
operations. General liability coverage can be provided in the form of an endorsement to the Contractor's
insurance, or as a separate owner's policy.
E3. The workers' compensation Policy is to be endorsed with a waiver Of subrogation. The
insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses paid under the terms of this policy which arises
from the work performed by the named insured for the City. NOTE: You cannot be added as an additional
insured on a workers' compensation policy.
C. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance
with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the
Contractor's insurance and shall not contribute with it. -
Rev: 11120108
Page 1 of 2
D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
V. BATING - Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M, Best's rating of no less than A- for
financial strength, AA for long-term credit rating and AMB -1 for short-term credit rating.
Vl. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage
required by this clause. The endorsements should be on forms provided by the City. If endorsements are on
forms other than the City's forms, those endorsements or policies must provide coverage that is equivalent to or
better than the forms requested by the City. All certificates and endorsements are to be received and approved
by the City before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements affecting the coverage required by these specifications at
any time.
VI 1, Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements
stated herein.
If you have questions regarding our insurance requirements contact:
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Rev: 11120/08 Page 2 of 2