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HomeMy WebLinkAbout07/05/2000, C7 - COUNCIL CHAMBER CABLECASTING PROJECT PHASE II ENHANCED MULTI-MEDIA VISUAL PRESENTATION TECHNOLOGY council *� '7- -G U j M. ac,Enaa Report CITY OF SAN LUIS O B I S P O FROM: Lee Price, City Clerk SUBJECT: COUNCIL CHAMBER CABLECASTING PROJECT PHASE II— ENHANCED MULTI-MEDIA VISUAL PRESENTATION TECHNOLOGY CAO RECOMMENDATION 1. Award sole source contract to The Waterford Group in the amount of$44,600 to design and install the Council Chamber Cablecasting Project Phase II—Enhanced Multi-Media Visual Presentation Technology. 2. Authorize the Mayor to sign the agreement. DISCUSSION Background: On February 29, 2000 City Council approved$44,600 (as part of the Mid-Year Budget Review) for completion of Phase II of the Council Cablecasting Project. Phase II consists of upgrading visual presentation equipment and installing seven monitors at the dais in the Council Chamber. The goal of the project is to improve the quality of visual presentations to the Council, commissions,public and the television audience. Phase I of the Cablecasting Project(installation of cameras, audio,video and control room equipment)was completed by The Waterford Group in February of this year. In order to ensure successful integration of the presentation equipment with the cablecast/video equipment currently installed,it is essential that the same contractor complete the design and installation of Phase H. Staff is requesting The Waterford Group as the single-source contractor based on the following justifications: 1. When bids were received for Phase I, The Waterford Group provided the only qualified and acceptable response to the City's request. 2. The Waterford Group has unique and specific knowledge about the design and technical details of Phase I. No other contractor would be able to provide that level of expertise. The Waterford Group has also been retained to provide other related video-streaming services for the City of San Luis Obispo. It is appropriate and strongly recommended that the City work with the same contractor to insure full system integration. C7-1 Council Agenda Report—Council Chamber Cable Casting Project Phase 11 Page 2 Next Step: This project supports the City Council's 1997 decision to activate a Public, Education and Government (PEG) access television channel for the City of San Luis Obispo, with the "G" component established as the first priority. Direction was given to staff to move forward with steps to enable live and video broadcast of City Council meetings, and in addition, some limited commission meetings. Phases I and II of the Cable Casting Project will complete the installation of the equipment necessary to achieve, in part, that goal. The other component vital to meeting the goal is the selection of an outside vendor to provide operator services. Staff is in the process of drafting the Request for Proposals (RFP) for an outside contractor. The contract award is planned to coincide with the completion of Phase lI of the Cablecasting Project so that the operator can receive in-depth training by The Waterford Group while they are in San Luis Obispo. Live broadcast from the Chamber is expected to begin in the Fall of 2000. FISCAL EWPACT The City Clerk's Department has allocated $44,600 in the Cablecast Fund for completion of Phase II of the Council Cablecasting Project. ALTERNATIVES Begin the formal Request for Proposal process adding several months to the completion of the project. This alternative is not recommended because it would delay progress and is not likely to stimulate any other qualified and cost effective bids. ATTACHMENT 1. Agreement with the Waterford Group G:\Clerks\City Clerks Agenda Reports-General Conespondence\Agenda Report—Cable Casting 11 C7-2 ATTACHMENT 1 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as City,and The Waterford Group hereinafter referred to as Contractor. WITNESSETH: WHEREAS,the City wants to upgrade visual presentation equipment and install seven monitors at the dais in the Council Chamber to improve the quality of visual presentations to the Council, Commissions, public and television audience. WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above,until acceptance or completion of said services. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed$44,600. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Contractor further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment,modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. C7-3 Agreement Page 2 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Pahn Street San Luis Obispo,CA 93401 Contractor The Waterford Group 740 Camden Avenue,Suite A Campbell,CA 95008 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year fust above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk Mayor APPROVED AS TO FORM: CONTRACTOR By: orn C7-4 EXHIBIT A The Waterford Group 740 Camden Avenue, Suite A Campbell, CA 95008 May 30, 2000 Lee Price, CMC City Cleric City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear Ms. Pric , The Waterford Group is pleased to provide you with the following proposal for the design and installation of the Council Chambers Cablecasting Project— Phase II. To ensure full system integration, The Waterford Group proposes to design, engineer and install enhanced multi-media visual presentation equipment and data monitors at the dais in the Council Chamber in an amount not to exceed $44,600. We understand that the goal of the project is to improve the quality of visual presentations to the Council, commissions, public and the television audience. Our understanding of the system needed is as follows: Purpose: To display laptop and document camera visuals to the projection screen in the City Council Chambers and to dais monitors. Also the same visuals will be sent into the television system to be integrated into the .signal flow for distribution to the cable system. The Waterford Group will provide to the City of San Luis Obispo the following: 1. New projector to accept computer and video signals. Exact location TBD. 2. Computer and video devices to enable Power point computer presentations. 3. Document camera capability for presentations of graphics, slides, 3-D objects. 4. Seven VGA computer monitors to be mounted in dais (City to provide cabinet maker to modify the dais). 5. Necessary modifications and equipment additions to the new production control system to enable these additions described above to be recorded and also sent to the cable system. C7-5 6. Necessary design and documentation to support this. 7. Supply all labor and material to integrate all new equipment into the system. 8. Test system and train city employees in use of this system. Our proposed time-line for the project is as follows: Task: Completion Date: Phase II Design and Engineering 7/31/00 Present Plan & List of Equipment to City 8/1/00 Order Equipment 8/2/00 Complete Install & Train 8/28/00 —8/31/00 I understand approval requires City Council action. If approved, please sign the attached acceptance and the necessary contract. Thank you again for allowing The Waterford Group to be of service to the City of San Luis Obispo. 'ncerely, Bob Kelly President C7-6 The Waterford Group 740 Camden Avenue, Suite A Campbell, CA 95008 May 30, 2000 Lee Price, CMC City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 ACCEPTANCE AND AUTHORIZATION Thank you for considering The Waterford Group for the design and installation of Council Chambers Cablecasting Project— Phase II. If this proposal meets with your approval please sign this letter of acceptance and authorization. AGREED AND AUTHORIZED BY: Dated: Lee Price, CMC City Clerk C7-7 Exhibit B CONTRACT PERFORMANCE TERMS 1. Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805)781-7134. 2. Ability to Perform. Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to cant' out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,ordinances,and regulations. 3. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes which Contractor is required to pay. 5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees,and give all notices necessary. 6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences,temporary railings,barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work 9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non-Discrimination. In the performance of this work,Contractor agrees that it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. C7-S Exhibit B:Contract Performance Terms Page B-2 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor(Net 30). 13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with .the performance of the work hereunder. Contractor further covenants that, in the performance of this work,no sub-contractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder,Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same;provided,-however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 17. Year 2000 Compliance. The Contractor wan-ants that the goods or services provided to the City, including those provided through subcontractors, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault-free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990- 1999, including leap years, will be correctly processed in any level of computer hardware or software,including,but not limited to,microcode, firmware,application programs,files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability,otherwise provided by the Contractor. Upon request by the City,the Contractor will provide the City with a description of its Year 2000 compliance strategy, or statement of why this is not relevant to contract performance. 18. Contract Assignment. Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. C7-9 Exhibit B:Contract Performance Terms Page B3 19. Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties, obligations,responsibilities,or rights under the contract. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work- in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the corirpensation quoted in its proposal. 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Contractor as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Contactor without the prior written approval of the City . 22. Copies of Reports and Information. If the City requests additional copies of reports,drawings, specifications, or any other material in addition to what Contractor is required to furnish in limited quantities as part of the work or services under these specifications, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 23. Required Deliverable Products. Contractor will provide: a. Any documents or materials provided by Contractor will be reviewed by City staff and, where necessary, Contractor will respond to staff comments and make such changes as deemed appropriate. b. One camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size,ready for reproduction. C. When computers have been used to produce materials submitted to the City as a part of the workscope, Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible: C7-10 Exhibit B:Contract Performance Terms Page B4 • Word Processing Word • Spreadsheets Excel • Desktop Publishing Coreldraw, Pagemaker • Computer Aided Drafting(CAD) AutoCad Computer files must be on 32", high-density, write-protected diskettes, formatted for use on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. 24. Attendance at Meetings. As part of the workscope and included in the contract price is attendance by the Contractor at up to a pre-agreed number of"working" meetings with staff as necessary in performing workscope tasks. 25. Insurance. 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 Contractor, its agents, representatives,employees,or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. • Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability 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. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. C7-11 Exhibit B:Contract Performance Terms Page B-5 CL Other insurance provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor, premises owned,occupied or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees,agents or volunteers. • For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers,officials, employees,agents or volunteers. • Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail,return receipt requested,has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than ANII. f. Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. C7-12