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CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
FIRE STATION NO. 3 ALERTING SYSTEM INSTALLATION
CONTRACT NO. 4003
This agreement is made on the dav of XS<^^/^ A^/"^ . 2015. bv the Citv
ofCarlsbad, California, a municipal corporation, (hereinafter'called' City"), and ComTech Communications,
a California corporation, whose principal place of business is 120 Main Avenue, Suite G, Sacramento,
California 95838 (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: Casey Arndt (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. 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 execution ofthe contract.
The Prime 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" forthe 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 td perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industriai Relations.
FIRE STATION #3 ALERTING
SYSTEM INSTALLATION;
CONT. NO. 4003 Page 1 of 6 City Attorney Approved 4/11/15
PWM16-31PEM
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 faise claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information or in reckless
disregard ofthe truth or falsity ofthe information.
The provisions ofCarlsbad 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.
Signature: V^^-^gtV^y^ ^LnJi^^
Print Name:
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 Caiifornia Insurance Commission.
The certificates shall indicate coverage during the period ofthe 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 insurers that have
a current Best's Key Rating of not less than "A-:VH"; 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 inciuding 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 ail expenses of defense, and indemnify and
hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of
FIRE STATION #3 ALERTING
SYSTEM INSTALLATION;
CONT. NO. 4003 Page 2 of 6 City Attorney Approved 4/11/15
PWM16-31PEM
every kind, nature and description, directly or indirectly arising from or in connection with the performance
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 five (5) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within twenty (20) working days after receipt of Notice to
Proceed.
CONTRACTOR'S INFORMATION.
COMTECH COMMUNICATIONS 120 MAIN AVENUE, SUITE G
(name of Contractor)
728897
(street address)
SACRAMENTO, CA 95838
(Contractor's license number)
C7-Exp. 10/31/2016
(city/state/zip)
916-568-7800
(license class, and exp. date) (telephone no.)
916-568-3555
(fax no.)
dsmith@comtechcom.net
(e-mail address)
///
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FIRE STATION #3 ALERTING
SYSTEM INSTALLATION;
CONT. NO. 4003 Page 3 of 6 City Attorney Approved 4/11/15
!heck A License - License Detail - Contractors State License Board Page 1 of
Contractor's License Detail for License # 728897
DISCLAIMER: A license status check provides infonnation taken from the CSLB license database. Before relying on this
information, you should be aware of the following limitations.
Business Information
COMTECH COMMUNICATIONS INC
120 MAIN AVENUE SUITE G
SACRAMENTO, CA 95838
Business Phone Number:(916) 568-7800
Entity Corporation
Issue Date 10/23/1996
Expire Date 10/31/2016
License Status
This license is current and active.
All information below should be reviewed.
Classifications
c-7 - LOW VOLTAGE SYSTEMS
Bonding Information
Contractor's Bond
rhis license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.
Bond Number: 9079565
Sond Amount: $12,500
Effective Date: 01/01/2007
Contractor's Bond History
Disciplinary Bond
rhis license filed a Disciplinary Bond with NATIONWIDE MUTUAL INSURANCE COMPANY.
3ond Number: BD711556
Sond Amount: $15,000
Effective Date: 08/24/2009
Jisciplinary Bond History
Bond of Qualifying Individual
fhis license filed Bond of Qualifying Individual number 100239542 for NAIDOO DEELAN in the amount of $12,500 with AMERICAN
CONTRACTORS INDEMNITY COMPANY.
Effective Date: 01/23/2014
Workers' Compensation
fhis license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND
'olicy Number:9108380
Effective Date: 08/01/2014
Expire Date: 08/01/2016
torkers' Compensation History
Other
ttps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNimi=728897 9/28/201
'heck A License - License Detail - Contractors State License Board Page 2 of
I Personnel listed on this license (current or disassociated) are listed on other licenses.
ttps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNimi=728897 9/28/201
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Registration County
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City Registration
Date
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Date
1000012984 ; SACRAMENTO SACRAMENTO : 09/03/2015 06/30/2016
V2.20150806c
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PWM16-31PEM
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 ofthis Agreement.
CONTRACTOR
COMTECH COMMUNICATIONS, a Califomia
CITY OF CARLSBAD, a municipal corporation
of the State of California
corporation
(^n here)
(print name/title)
By:
(sign here)
Patrick A. ThoniSs / Public Works Director
as authorized by the City Manager
See Attached Calitomia
Acknowledgment/Jurat
DaM.
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a
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 resoiution 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. BREWER, City Attomey
BY: ^/^yzyJ2i>.
Assistant City Attorney
FIRE STATION #3 ALERTING
SYSTEM INSTALLATION;
CONT. NO. 4003 Page 4 of 6 City Attorney Approved 4/11/15
A notary public or other officer completing this certificate verifies only the identity ofthe
individual who signed the document to which this certificate is attached, and not the truthfuhiess,
accuracy, or validity of that document.
STATE OF CALIFORNIA }
COUNTY OF SACRAMENTO }
On /TC-V- G I TXoW before me, rAaw:^^^v<s.-€s( A?\^<^gv>sA Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(9) whose
name(^) is/are subscribed to the within instrument and acknowledged to me that
he/she/they-executed the same in his/her/tbek authorized capacity(-i€s-) and that by
his/befV^their signature(s) on the instrument the person(^), or the entity upon behalf
of which the person(sj) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifomia
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. r^^^TtlMSSSSii^
VV^-|v^^ ^^^)^iW>I . (Seal)
Notary Public's Signature
Optional Information
Description of Attached Document: Q.€ <L^KeKAj^ts/s {^L^^\V&-
Document Date: O'^'^ ' '3-0 K Number of pages: 3 (including this page)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate Is
attached, and not the tmthfulness, accuracy, or
validity of that document.
State of California
County of Placer
On before me, UxmiWri. , \^0'^a\nj Pul^Ury
(insert name and title ofthe offider)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they e;<ecuted the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instmment the
person(s), or the entity upon behalf of which the person(s) acted, executed the instmment.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is tme and correct.
WITNESS my hand and official seal.
Signature (Seal)
CAMILLE I MEJIA i-
COMM.* 1999884 ^ NOTARV PUBLIC-CALIFORNIA UL
PLACER COUNTY ""
My COMM. EXP. DEC. 3,2016
DESCRIPTION OP ATTACHED DOCUMENT
IV^i/iOr PijUlG (voH^s fmhy^f^^
TrrLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
(D-G '(^
DATE OF DOCUMENT
PWM16-31PEM
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 ofthe 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
be Subcontracted
Business Name and Address License No.,
Classification &
Expiration Date
% of
Total
Contract
NONE
Total % Subcontracted: NONE
FIRE STATION #3 ALERTING
SYSTEM INSTALLATION;
CONT. NO. 4003 Page 5 of 6 City Attorney Approved 4/11/15
PWM16-31PEM
EXHIBIT B
Installation Labor (prevailing rate wages) for Alert System at Fire Station No. 3, located at 3465 Trailblazer
Way, Carlsbad, CA 92010.
ComTech Technicians shall setup, install, configure and test the new ComTech 10 Fire Station Alerting
Systems and equipment purchased by the City of Carlsbad.
All scheduling dates, times and access requirements shall be coordinated and agreed upon by ComTech
and the City of Carlsbad representatives prior to the start of on-site work.
The project is anticipated to be completed from start to finish in approximately 5-7 days. These are
consecutive days, up to 12hrs/day and to include weekend access if required.
The City of Carlsbad shall make available an authorized representative(s) to witness final system testing
and acceptance. This shall occur immediately following the completion of the installation.
JOB QUOTATION
ITEM
NO,
UNIT QTY DESCRIPTION PRICE
1 1 Labor for installation of ComTech 10 Alert System at Fire
Station No. 3
$22,250.00
TOTAL* $22,250.00
'Includes taxes, fees, expenses and all other costs.
FIRE STATION #3 ALERTING
SYSTEM INSTALLATION;
CONT. NO. 4003 Page 6 of 6 City Attorney Approved 4/11/15
Exhibit "B"
QUOTE: FIRE STATION 3
Labor Communications
rATUNt
^M0
September 9, 2015
120 Main Avenue Sacramento, CA 95838
Office: (916) 568-7800 FAX: (916) 568-3555
SOLD TO: SchneiderCM/Clty of Cartsbad
Contact: Robert Polley
Address:
City/St./Zip:
Email: Robert.Polley@schnelclercni.net
Phone: (760) 717-0535
SHIP TOI SchneidetCM/Clty of Carlsbad
Contact: Robert Polley
Address: 0
City/St./Zip: 0
Email: Robert.Polley@schnelclercm.net
Phone: (760) 717-0535
SALES REP :
ORDER NUMBER:
CUSTOMER P.O. #:
TYPE OF ORDER:
Dave Smith (xl23)
BNEW
Q ADD-ON • REPLACEMENT
HEM QTY. PART NUMBER DESCRIPTION UNIT PRICE EXT. AMOUNT
CARLSBAD FIRE DEPT
1 1 Labor Station 3, Installation Labor (pre-vailing rate wages) $ 22,250.00 $ 22,250.00
ComTech Technicians shall setup, install, configure and test the New ComTech 10
Flre Station Alerting Systems and equipment purchased by the City of Calrsbad.
All scheduling dates, times and access requirements shall tie coordinated and
agreed upon by ComTech and the City of Carlsbad representatives prior to the start
of on-site worl<.
The project is anticipated to be completed from start to finish In approximately
5-7 days. These are consecutive days, up to 12hrs/day and to include weekend
access if required.
The City of Carlsbad shall make available an authorized representative(s) to witness
final system testing and acceptance. This shall occur immediatley fbllowing the
completion of the Installation.
NOTES: TRANSPORTATION
REQUEST
• OVERNIGHT
• 2nd DAY
Q STANDARD
TERMS
• NET 30
• COD
ITEM TOTAL $ 22,250.00
NOTES: Parts and Equipment for this project has been
quoted separately.
TRANSPORTATION
REQUEST
• OVERNIGHT
• 2nd DAY
Q STANDARD
TERMS
• NET 30
• COD
FREIGHT $ 0.00 NOTES: Parts and Equipment for this project has been
quoted separately.
TRANSPORTATION
REQUEST
• OVERNIGHT
• 2nd DAY
Q STANDARD
TERMS
• NET 30
• COD
TAXES/RATE 8.000% $ 0.00
NOTES: Parts and Equipment for this project has been
quoted separately.
TRANSPORTATION
REQUEST
• OVERNIGHT
• 2nd DAY
Q STANDARD
TERMS
• NET 30
• COD LABOR $ 22,250.00
NOTES: Parts and Equipment for this project has been
quoted separately.
TRANSPORTATION
REQUEST
• OVERNIGHT
• 2nd DAY
Q STANDARD
TERMS
• NET 30
• COD
TOTAL $ 22,250.00
NOTES: Parts and Equipment for this project has been
quoted separately.
TRANSPORTATION
REQUEST
• OVERNIGHT
• 2nd DAY
Q STANDARD
TERMS
• NET 30
• COD
ALn^HORIZED CUSTOMER SIGNATURE X
BALANCE $ 22,250.00
ALn^HORIZED CUSTOMER SIGNATURE X PROPOSAL VALID FOR 90 DAYS
Customer Order Foiml