HomeMy WebLinkAboutCommercial Contract - Pemberton Davis Electric - Data Drops & Installation for MLK Jr Center131E COUNTY-C iry 13uILDING
227 W. JEFFERSON BOULEVARD
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CITY or SOUTH BEND p'ETE BuJTTIG1EG, MAYOR
BOARD OF PUBLIC WORKS
May 8, 2018
Scott Bradley
Pemberton -Davis Electric, Inc.
916 E. McKinley Avenue
Mishawaka, fN 46545
RE: Commercial. Contract
Dear Mr. Bradley;
P� 10Mr ' 574/ 23 5-9251
FAX 574/235-9171
The Board of Public Works, at its meeting held on May 8, 2018, approved the above
referenced contract regarding data drops and installation for the Martin Luther King Jr.
Center in the amount of $2,268.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
c: Brian. Donoghue, Innovation and Technology
GARY A. Cr11..,o'r SU,fA1`* NA M. FRC1'ZBERci E1..1LAIi "r11 A. Ik4,+hRADIK JAMfis A. MU1,1. LEJ1 T1IER1 SE J. DORAU
COMMERCIAL CONTRACT
Date: 03/23/18
Proposal Number: PD18081
Customer Name:
Name
City of South Bend Police Department
Street
701 West Sample Street
Address
South Bend, IN 46601
Email:
Contact
Michael Sniadeck'
MILK Center Data Cabling
Work To Be Performed At:
Name MILK Center
Street 1522 Linden Ave,
Address South Bend, IN
Telephone
Contact
The undersigned Customer hereby authorizes PEMBERTON-DAVIS ELECTRIC, INC. ("Contractor"), to furnish the necessary
materials and labor to install according to the attached SCOPE OF WORK and at the above project site for a pdoe of:
LABOR $1,650.00 MATERIALS $618.010 TAX NIA TOTAL $2,268.00 ("Contract Price")
All materials guaranteed to be as specified, and the above work to be performed in accordance with the drawings and
specifications submitted for the above work or contained on any pages attached to this contract ("Work"),
1, ADDITIONAL TERMS (SCOPE, OF WORK).
a.) Provide and install (7) data drops and relocate (1) data drop in new area
b.) Provide and install (2) data drops for AP's on outside of building and mount AP's
ASSUMPTIONS
a.) All work will be completed during standard business hours, lam to 4pm, Monday through Friday,
2. PAYMENT TERMS. Unless otherwise provided in this Contract, the Contract Price wipl be billed monthly based upon Contractor's
determination of percentage completion, and wilt be billed in full upon Contractor's determination of substantial completion permitting
use and occupancy in any event. All amounts not paid within thirty ( 30 ) days after invoice shall bear interest at We rate of 1 1/2% per,
month. In case of non-payment or other default by Customer, Contractor shall recover reasonable attorney's fees andrall collection
costs, and shall be entitled to suspend performance. The making of final payment shall operate as a WAIVER and RELEASE of all
claims by Customer except those for warranty under Paragraph 4 below and completion of agreed punch list Items,
3. SPECIFICATIONS. All material will be as specified unless specified materials are not available, In which case Contractor
may substitute other materials of equal or better quality,
4. SCHEDULE OF WORK, The start date of the work shall be coordinated with Customer and shall be substantially
completed at a date agreed to by Customer and Contractor at the time of project commencement. All agreed punch list items will be completed
within thirty (30) days. Delays may occur due to weather or other acts of God, material and labor shortages, changes ordered by the Customer,
concealed conditions, delays by shippers and suppliers, vandalism, casualty losses and other factors beyond Contractor's control. Reasonable
extension of time shall be allowed and Contractor shall not be liable for any dalm or expense due to delay.
S. LIMITED WARRANTY AND DISCLAIMER, Contractor warrants that authorized Work completed by personnel employed by Contractor will be
free from defects in material and workmanship, according to standard practice, for a period of one (1) year from the original date of service, or
the date of substantial completion permitting use and occupancy, whichever occurs first, If Contractor is notified of any such defects within the
one-year warranty period, it will remedy the defects without additional charge. The remedy is limited to repair or replacement, as determined by
Contractor and Contractor is not liable for incidental or consequential damages, personals injury, property damage or economic loss, and Customer
hereby waives and RELEASES all such claims. This warranty extends only to the original Customer, and does not apply in case of accidental
damage, abuse, misuse, modification of the Work by Customer or others, lack of maintenance or faflure to notify Contractor of a defect within
the one (1) year warranty period. This warranty is the exclusive warranty given, and there are no other warranties, express or implied, including
any implied warranty of MERCHANTABILITY, habitability or fitness for a particular purpose.
6. CUSTOMER RESPONSIBILITIES. Customer, through Its Authorized Representative, shall cooperate with Contractor in the performance
of the Work and shah not cause or permit any interference. Contractor shall be entitled to rely upon all decisions, communications and instructions
issued by the Authorized Representative. Customer shall furnish all necessary tests and reports not specified as Contractors responsibility
in this Contract. Customer shall notify Contractor Immediately of any problem or defect in the Work or nonconformity with the requirements
of this Contract.
7. CHANGES, No labor, material or expense is Included unless specified. Changes to the scope of the Work are to be made only by
written change order signed by the Customer and approved by the Contractor. Thee cost of the change shall be added or subtracted from the
Contract Price as appropriate.
8. CONCEALED CONDITIONS, Customer has disclosed all known conditions affecting the Work to Contractor. Should concealed,
Page 1 Initial:
unanticipated or unforeseen conditions be encountered, the Contractor shall notify the Customer and the Contract Price shall be adjusted by the
Contractor on the basis of the actual cost of additional time and materials, unless a mutually agreed change order is signed.
9. INSURANCE. Contractor carries Workers Compensation insurance on its employees and all other insurance required by law.
10. CONTRACT DATE. This Contract is tendered to Customer on the date first above written, and must be accepted as tendered in
writing within thirty (30) days of that date or it will expire.
11, MISCELLANEOUS. No voluntary action by Contractor shall obligate Contractor beyond the terms of this Contract. This Contract
contains the entire agreement of the parties and there are no other terms or representations except as stated in this Contract. The law of the
State of Indiana shall apply to this Contract and the Work. Access by the Customer and their agents, employees, invitees and guests to the
Work site Is at the sole risk and liability of the Customer, and by accepting this Contract the Customer hereby RELEASES and INDEMNIFIES
Contractor from and against any and all claims for injuries to such persons and their property. The Customer represents that all terms and
conditions of this Contract have been read, understood and accepted.
"Conflict of Interest: The Organization hereby certifies and agrees that no,niernber, officer, or employee of the City,
oats designees or agents, and no member of the governing body of the City of South Bend or
the Organization (and no one will) whonr there is a, family or business tie)
who exer=os any hinchon6 or responsibilities with respect to the receipt and use of city funds during his or
her tenure or for one, year therea fter, shall have any financial benefit, direct or indirect, it) any contract or subcontract,
or the proceeds thereof for work to be performed in connection with the Program. To the extent the Prograrn involves
the awarding of a contract or grant, the Organization shall not award the same to a person or entity that creates
a conflict of interest described in Indiana Code § 5-16-11-5.5."
Contractor: Pemberton -Davis Electric, Inc.
916 E. McKinley Ave.
Wshawaka, In. 46545
By:
Scott Bradley
Telephone (574) 277-7001 x2013 Fax (574) 204-2565
CAUTION: READ CAREFULLY BEFORE SIGNING
THE PERSON SIGNING BELOW REPRESENTS THAT HIE/SHE IS FULLY AUTHORIZED TO BIND THE CUSTOMER TO THIS
CONTRACT AND THE TERMS HEREOF,
Customer (Print): - APPWVJW
no" of ptjj& Veriw
Customer (Signature:) 14AY 0 -310-1 Date Accepted:
Page 2 InitiM:
INTER -OFFICE MEMORANDUM
Information Technologies Department
227 W Jefferson Blvd (674) 245-6000
TO: Board of Public Works, Linda Martin
CC: Dan O'Connor, Santiago Garces
FROM: Brian Donoghue, Director of Civic Innovation
SUBJECT: Pemberton & Davis Digital Wiring Martin Luther King Jr. Digital
Access Site
DATE: 4/26/18
Linda and Members of the Board,
Please see attached quote/contract for digital wiring for the Martin Luther King Jr.
Center. The Martin Luther King Jr. Center is the pilot site for a digital access
initiative. The sites will provide high-speed Internet, quality devices, and digital
programming to residents in South Bend. This effort is a facet of a broader City
initiative aimed towards addressing the digital divide in South Bend, working
towards digital inclusion. The Office of Innovation and Technology team has
reviewed the quote and gives favorable recommendation as well.
The not to exceed cost of $2, 268.00 is to provide and install 7 data drops and
relocate 1 data drop and provide and install 2 data drops for AP's on the outside
of the building and mount AP's.
Note: The funding for this quote/contract is coming out of the designated account
number on the accompanied Agenda, but will be reimbursed through the
Community Development Block Grant when the funds are available.
Thank you,
Brian Donoghue
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date April 25th 2018
Department Innovation and
Name Brian Donoghue Technology
BPW Date May 8th 2018 Phone Extension
Required Prior to Submittal to Board
Legal Attorney Name
Controller review is required for all' Contracts $5,000,00 or more
Controller El and greater than one year in length per the City Purchasing
Policy
Purchasing F-1
L] Agreement
N Contract
El Proposal El Addendum
Z Professional Services
El
Amendment
F-1 Bid Opening
El
Bid Award
El Req. to Advertise E] Title Sheet
F-1 Quote Opening
F-1
Quote Award
E:1
Chg Order No.
n C/O & P'CA No.
PCA
0
Ease./Encroach,
F] Traffic Control
F-1 Resolution
F1
Other:
n
Claim
Company or Vendor Name
New Vendor
MBENVBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Pemberton and Davis
❑ Yes E:11f Yes, Approved by Purchasing
No
❑ MBE Completed E-Verify Form Attached El Yes
F-1 WBE 0 No
Diqital Access Sites
Department of Innovation and Technology Professional Services
279-0672-415-31-06
$2268.00
Purpose/Description Providinq and installing data drops at the Martin Luther King Jr.
Center — See memo
For Change Orders Only
Amount of F] increase $
n Decrease $
Previous Amount $
Current Percent of Change: %
New Amount
Total Percent of Change: %
Time Extension:
Dispersal After Approval
Copy Original
1-1 E]
El El