HomeMy WebLinkAboutWestern A/V; 2016-03-01;AGREEMENT FOR ASSISTIVE LISTENING SYSTEM SERVICES
WESTERN AN, INC.
THIS AGREEMENT is made and entered into as of the (..$:f-UC(\~ D , 20-U.-.Q, by and between the CITY OF CARLSBAD,
corporation, ("City"), and Western NV, a California Corporation, ("Contractor").
RECITALS
day of
a municipal
City requires the professional services of a contractor that is experienced in installing
assistive listening systems. Contractor has the necessary experience in providing these
professional services, has submitted a proposal to City and has affirmed its willingness and ability
to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of one month from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed shall not exceed six thousand, five hundred
forty-three dollars ($6,543.00). No other compensation for the Services will be allowed except for
items covered by subsequent amendments to this Agreement. City reserves the right to withhold
a ten percent (1 0%) retention until City has accepted the work and/or the Services specified in
Exhibit "A"
4. 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 the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the
California Labor code, a current copy of applicable wage rates is on file in the office of the City
Engineer. The contractor to whom the contract is awarded shall not pay less than the said
specified prevailing rates of wages to all workers employed by him or her in the execution of the
contract
5. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
6. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
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recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
7. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has 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, in an amount of not less than one million dollars ($1 ,000,000) each,
unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor
will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be named
as an additional insured on General Liability which shall provide primary coverage to the City. The
full limits available to the named insured shall also be available and applicable to the City as an
additional insured. Contractor will furnish certificates of insurance to the Contract Department,
with endorsements to City prior to City's execution of this Agreement.
8. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
9. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
1 0. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
11. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this
Agreement.
12. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
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EXHIBIT "A"
SCOPE OF SERVICES
The Georgina Cole Library (Cole Library) is currently under renovation with plans to install new assistive
listening system in the community room. Contractor will provide and install assistive listening system as
described herein to support Library & Cultural Arts operations, ADA compliance needs.
LIST OF EQUIPMJl:NT TO BE PROVIDED ' ~''':'
Qty Manufacturer •• JYio<lei ' , Descripti~~ , ., . ,•, ",
1 Listen LS-88-01 Portable ListeniR iDSP system, includes the following components:
Technologies (1) L T -84-01 Listen IR Transmitter/Radiator Combo
(2) LR-4200 IR Intelligent DSP IR Receiver
(2) LA-430 Intelligent Ear Phone/Neck Loop Lanyard
(2) LA-402 Universal Ear Speaker
(1) LA-277 Conference Microphone
(1) LA-338 Table Top Tripod
(1) LA-346 Carrying Case
(1) LA-423 4-Port USB Charger
2 Listen LR-4200-IR Intelligent DSP IR Receiver
Technologies IR-P1
1 RDL EZ-ADA4 1x4 Stereo Audio Distribution Amplifier
l Western AIV, LOT Miscellaneous Cabling, Connectors and Materials
Inc.
NON-EQUIPMENT DESCRIPTION PRICE
RELATED ITEMS
Engineering & Drafting Provide all engineering and drafting services necessary to $568
produce plan drawings/schematics and as-built drawings for all
equipment installations.
Control Programming $266
Project Management and Project management services, mounting, installation and testing $184
Administrative Fee of all equipment and administrative support.
Installation and Testing Installation of all equipment and setup/configuration of $2,576
monitors/displays, servers, and digital players including
configuration and design for custom branded channel as
described in equipment list above.
Training Up to four (4) one-hour sessions of telephone or software $92
installation assistance. Hours may be allocated between
training and installation assistance as needed. Note: 3 week
lead time required for scheduling.
TOTAL PROJECT COSTS
Equipment Total $2,584.00
Non-equipment Total $3,686.00
Shipping $60.50
Tax on equipment $211.56
Total Not-To ExceedAmouiit, .,. $6,542.06
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