HomeMy WebLinkAboutAVI Systems Inc; 2019-04-17;CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
DIGITAL SIGNAGE-MOUNT CHANGE AND REINSTALLATION
($60,000 or Less)
This agreement is made on the \i~ day of AR r~ \ , 2o_fi, by the
City of Carlsbad, California, a municipal corporation, (hereinafter call~d "City"), and AVI Systems, Inc.
whose principal place of business is 7270 Trade Street, Suite 102, San Diego, CA 92121-2384 (hereinafter
called "Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the
project described by these Contract Documents (hereinafter called "Project").
PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents unless excepted
elsewhere in this Contract.
CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract,
Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans
and Specifications, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict,
this Contract will supersede terms and conditions in the Contractor's proposal.
LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad
Ordinances governing labor.
GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project
in accordance with directions and subject to inspection approval and acceptance by: RYAN BALDWIN
(City Project Manager)
WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute
the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770,
1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the
applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said
specified prevailing rates of wages to all workers employed by him or her in execution of the Contract.
Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code
and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act."
The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107 .5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which
generally requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section 1776.
TV MOUNT CHANGE/REINSTALLATION Page 1 of 9 City Attorney Approved 1/25/2019
FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted
as part of the contract process as set forth in this agreement and not in anticipation of litigation or in
conjunction with litigation.
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act,
provides for civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining
to false claims are incorporated herein by reference.
Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the contractor may be prevented from further bidding on
public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding.
~c· ,0 I-<.~ Signature: ~ ~ -..__J~
Print Name: .:u-,,__ V ·, cl '"rs v .... h v, cl
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of Workers'
Compensation Insurance indicating coverage in a form approved by the California Insurance Commission.
The certificates shall indicate coverage during the period of the contract and must be furnished to the City
prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted
insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on
the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key
Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of
Insurance Commissioners (NAIC) latest quarterly listings report.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than ........ $1,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
....... $1,000,000
Property damage insurance in an amount of not less than ........ $1,000,000
Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of
the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-
scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be
limited in any manner.
The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall
be given to the City prior to such cancellation.
The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named
insured shall also be available and applicable to the City as an additional insured.
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of
every kind, nature and description, directly or indirectly arising from or in connection with the performance
TV MOUNT CHANGE/REINSTALLATION Page 2 of 9 City Attorney Approved 1/25/2019
of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable
law, rules or regulations including those related to safety and health; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the
nature of the work covered by the Contract, except for loss or damage caused by the sole or active
negligence or willful misconduct of the City. The expenses of defense include all costs and expenses
including attorneys' fees for litigation, arbitration, or other dispute resolution method.
JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
Start Work: Contractor agrees to start within 1.g_ working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within lQ_ working days after receipt of Notice to
Proceed.
CONTRACTOR'S INFORMATION.
AVI Systems, Inc.
(name of Contractor)
792548
(Contractor's license number)
C-7-Low Voltage
(license class. and exp. date)
1000036874
(DIR registration number)
6/30/2019
(DIR registration exp. date)
7270 Trade Street, Suite 201
(street address)
San Diego, CA 92121-2384
(city/state/zip)
858-653-4339
(telephone no.)
858-695-7844
(fax no.)
ryan.walsh@avisystems.com
(e-mail address)
AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions of this Agreement.
CONTRACTOR
By:
·~o :nd:, "B en t Iv
(sign here)
RANDI Bol'LTH CfO
(print name/title)
By:
::t>~t bl~~
(sign here)
b"'"v \ d ~I.A"' h ~ ; ~" P
{print na title)
TV MOUNT CHANGE/REINSTALLATION Page 3 of 9
CITY OF CARLSBAD, a municipal corporation
of the State of California
Assistant City Manager, Deputy City Manager
or Department Director
as authorized by the City Manager
BARBARA ENGLESON
City Clerk
City Attorney Approved 1/25/2019
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ~
corporation, Agreement must be signed by one corporate officer from each of the following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. ~REWyf ,~orney
BY: __ tf_~---------
Assistant City Attorney
TV MOUNT CHANGE/REINSTALLATION Page 4 of 9 City Attorney Approved 1/25/2019
EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each sub-contractor whom the
Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total
bid, and the portion of the Project which will be done by each sub-contractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project
to be performed under the contract in excess of one-half of one percent of the bid, the contractor
shall be deemed to have agreed to perform such portion, and that the Contractor shall not be
permitted to sublet or subcontract that portion of the work, except in cases of public emergency or
necessity, and then only after a finding, reduced in writing as a public record of the Awarding
Authority, setting forth the facts constituting the emergency or necessity in accordance with the
provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the
California Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to Business Name and Address DIR Registration License No., %of
be Subcontracted No. Classification & Total
Expiration Date Contract
NONE
. ,.
Total% Subcontracted: ______ _
TV MOUNT CHANGE/REINSTALLATION Page 5 of9 City Attorney Approved 1/25/2019
EXHIBIT B
(ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.)
PRODUCTS AND SERVICES SUMMARY
Equipment
Integration
Shipping & Handling
Tax
Grand Total
SERVICES TO BE PROVIDED
JOB QUOTATION
$3,681.00
$5,585.00
$161.00
$296.36
$9,723.36
A. Summary: Nine existing displays shall be unmounted and placed on new mounts that allow the display
and existing players to be easily serviced.
Nine existing displays are located at:
o Faraday Office-1635 Faraday Ave. Carlsbad, CA 92008
o City Hall Manager-1200 Carlsbad Village Dr. Carlsbad, CA 92008
o City Hall HNS-1200 Carlsbad Village Dr. Carlsbad, CA 92008
o Pine Ave. Community Center-3209 Harding St. Carlsbad, CA 92008
o Stagecoach Park-3420 Camino De Los Caches, Carlsbad, CA 92009
o Calavera Park-2997 Glasgow Dr. Carlsbad, CA 9201
o Monroe St Pool-3401 Monroe St, Carlsbad, CA 92008
o Senior Center-799 Pine Ave, Carlsbad, CA 92008
o Alga Norte Aquatic Center-6565 Alicante Road, Carlsbad, CA 92009
• Controls:
• Existing displays at the above listed locations shall be unmounted from the wall and
mounted on new Chief hardware that allows for easy pull-out and serviceability. AVI
shall provide disposal of existing equipment mounting hardware and mount the
displays in the previous location and re-secure the signage player behind the display.
• AVI assumes the equipment is in proper working condition. AVI will require ease
of access and coordinated timing of the installation of the new mounting
hardware .
•
B. Exclusions: The following work is not included in our Scope of Work:
• All conduit, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc.
• Concrete saw cutting and/or core drilling.
• Fire wall, ceiling, roof and floor penetration.
• Necessary gypsum board replacement and/or repair.
• Necessary ceiling tile or T-bar modifications, replacements and/or repair.
• All millwork (moldings, trim, cut outs, etc.).
• Patching and Painting.
TV MOUNT CHANGE/REINSTALLATION Page 6 of 9 City Attorney Approved 1/25/2019
• Permits (unless specifically provided for and identified within the contract)
C. Construction Considerations:
In order to accomplish the outlined goals of this project, the Customer will be responsible for
contracting with an outside entity to make the necessary modifications to the space as directed by AVI
Systems. The costs associated with these modifications are not included in this proposal.
• NOTICE: This Scope of Work is delivered on the basis of the following Assumptions: The
room(s) match(es) the drawings provided
• Site preparation by the Customer and their contractors includes electrical and data placement per AVI
Systems specification.
• Site preparation will be verified by AVI Systems project manager or representative before
scheduling of the installation. All work areas should be clean and dust free prior to the
beginning of on-site integration of electronic equipment.
• Customer communication of readiness will be considered accurate and executable by AVI Systems
project ma nag er.
• In the event of any arrival to site that AVI Systems is not able to execute work and definable
progress, the Customer will be charged a $250.00 Mobilization Fee to offset the lost time due
to the lack of readiness. The Mobilization Fee will be presented as a Contract Change Order and
will/may halt work until acceptance by the Customer and rescheduling of the integration effort
is agreed upon.
• Rescheduling and redeployment of AVI Systems technicians due to unacceptable site
preparation may cause scheduling delays of up to 10 business days.
• There is ready access to the building/ facility and the room(s) for equipment and materials.
• There is secure storage for equipment during a multiple-day integration.
• If Customer furnished equipment and existing cabling is to be used, AVI Systems assumes that
these items are in good working condition at this time and will integrate into the designed
solution. Any repair, replacement and/or configuration of these items that may be necessary
will be made at an additional cost.
• All Network configurations including IP addresses are to be provided, operational and
functional before AVI Systems integration begins. AVI Systems will not be responsible for
testing the LAN connections.
• Cable or Satellite drops must be in place with converter boxes operational before the
completion of integration. Any delay resulting in extra work caused by late arrival of these
items will result in a change order for time and materials.
• Document review/ feedback on drawings/ correspondence will be completed by the Customer within
two businessdays
• The documented Change Control process will be used to the maximum extent possible -the
Customer will have an assigned person with the authority to communicate/approve project Field
Directed Change Orders and Contract Change Orders (see Appendix)
• In developing a comprehensive proposal for equipment and integration services AVI Systems' Sales
Representatives and Engineering teams must make some assumptions regarding the physical
construction of your facility, the availability of technical infrastructure and site conditions for
installation. If any of the conditions we have indicated in the site survey form are incorrect or have
changed for your particular project or project site, please let your Sales representative know as
soon as possible. Conditions of the site found during integration effort which are different from
those documented may have an effect on the price of the system solution, integration or services.
To ensure that you have an accurate proposal based on your facility and specific to the conditions
of your project, please review all project documentation carefully.
1V MOUNT CHANGE/REINSTALLATION Page 7 of 9 City Attorney Approved 1/25/2019
D. Integration Project Management Processes
AVI Systems will follow a foundational project management process which may include the following
actions/deliverables (based on the size/complexity/duration of the integration project):
• Site Survey -performed prior to Retail Sales Agreement and attached
• Project Welcome Notice -emailed upon receipt of Purchase Order
• Project Kick-Off meeting with Customer Representative(s) -either by phone or in-person
• Project Status reviews -informal or formal -either by phone or in-person (based on the
size/complexity/duration of the project)
• Project Change Control -comprised of Field Directed Change Order and/or Contract Change Order
submittals (seeAppendix)
• Project Punch List/ Substantial Completion (see Appendix)-at Customer walk-through -
prior to Service transition (if purchased)
E. Knowledge Transfer (Training)
This is geared specifically towards the end-user/ operator. The purpose of this knowledge transfer is to
provide operators with the necessary knowledge to confidently and comfortably operate all aspects of
the integrated system. Areas covered include the following:
• Equipment and system overview
• Equipment operation and function
• Equipment start up, stop, and shut Down
• Equipment automatic and manual operation
• Discussion and documentation relating to control system operation
• Discussion and documentation relating to system processor and its control applications
• Powering up, powering down AV system via control system
• Manual operation of display systems, audio system and all other related components
• Use/operation of patch panels, when and where to be used
• Who to call when help is required
Integration Scope of Work/Responsibilities
AVI Systems will provide services/work for the project as described above in the Scope of Work, or per
the attached separate Scope of Work document detailing the scope of work to be performed.
AVI Systems Responsibilities
• Provide equipment, materials and service items per the contract products and services detail
• Provide systems equipment integration and supervisory responsibility of the equipment integration
• Provide systems configuration, validation and testing
• Provide project timeline schedules
• Provide necessary information, as requested, to the owner or other parties involved with this
project to insure that proper AC electrical power, cableways, conduits and/or structural
support/backing are provided to properly integrate the equipment within the facilities
• Provide manufacturer supplied equipment documentation
• Provide final documentation and "as built" system drawings (CAD)
• Provide system training following integration to the designated Customer Representative or team
member(s)
Customer Responsibilities
1. Provide for the construction or modification of the facilities for soundproofing, lighting,
electrical, HVAC, structural support of equipment, and decorating as appropriate
lV MOUNT CHANGE/REINSTALLATION Page 8 of 9 City Attorney Approved 1/25/2019
2. Provide for the ordering, provisioning, installation, wiring and verification of any Data Network
(LAN, WAN, Tl, ISDN, etc.) and Telephone Line (Analog or Digital) equipment and services prior to
on-site integration
3. Provide all necessary cableways and/or conduits required to facilitate AV systems wiring
4. Provide all necessary conduit, wiring and devices for technical power to the AV systems equipment
5. Provide reasonable access for AVI Systems personnel to the facilities during periods of
integration, testing and training, including off-hours and weekends.
6. Provide a secure area to house all integration materials and equipment (during multi-day integration)
7. Provide a designated representative who will be available for
consultation and meetings Provide timely review and approval of all
documentation (Technical Reports, Drawings, Contracts,etc.)
PRODUCTS AND SERVICES DETAIL
PRODUCTS:
Model# Mfg Description
MSM1U CHIEF Micro-Adjust Fixed Wall Mount Medium
FCAV1U CHIEF FUSION PULLOUT
On Site Integration
Integrations Cables & Connectors
Total:
lV MOUNT CHANGE/REINSTALLATION Page 9 of 9
Q!Y Price Extended
9 $134.00 $1,206.00
9 $275.00 $2,475.00
$5,442.00
$143.00
191266.00
City Attorney Approved 1/25/2019