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HomeMy WebLinkAbout1999-03-09; City Council; 15086; Carlsbad City Library Projecta 25 E. % AB# 15;086< ‘. MTG. 3-9-97 DEPT. CD - CITY OF CARLSBAD - AGEN;A BILL’ TITLE: AUDIO - VISUAL SYSTEM DESIGN AND SPECIAL INSPECTION AND TESTING AGREEMENTS FOR THE CARLSBAD CITY LIBRARY PROJECT CITYMGR e RECOMMENDED ACTION: It is recommended the City Council ADOPT RESOLUTION NO. qs* 8 1 APPROVING an agreement with Cibola Systems, Incorporated for audio - visual systems design and installation services and Amendment No. 1 to an existing agreement with Law - Crandall, Incorporated for continuing special inspection and testing services for the Carlsbad City Library Project. ITEM EXPLANATION: Construction of the Carlsbad City Library Project is approximately 70% complete and is on schedule to be opened for the public this coming Summer. In addition to the physical construction of the building, the project also includes an extensive list of systems, furnishings, and equipment to be provided by the City in advance of the opening of the facility. The City Council has recently awarded contracts to provide the library shelving and library furniture. Several other components of the project to be provided by the City are currently being prepared, bid, and contracts will be forthcoming to the City Council over the next few months. Coordination of the installation of these components is the responsibility of the City and is being managed by the City’s project team consisting of City Library staff and our architects, interior designers, and construction managers. One of the most significant components of the new Library facility is the design and installation of a state of the art audio - visual system. This system will include capabilities to record and transmit all activities occurring in the auditorium. The system will also address audio - visual program needs for the Library taking place in the multi-purpose room, the second floor conference room, staff lounge, and have the ability to capture other indoor and outdoor program activities that will take place in the art gallery, the entry courtyard, and the Children’s Sculpture Garden. Representatives of Danielscablevision have had ongoing participation in the design of this system dating back to 1990 when the project was first begun. Design and installation of the audio - visual system is very complex and highly specialized work. Attached is an agreement with Cibola Systems, Incorporated of Santa Ana, California to provide the needed services. Cibola will design the audio - visual system, prepare detailed engineering drawings and specifications, provide an equipment list which the City will competitively bid and secure through separate contract, receive and test the equipment, and undertake the installation process. Cibola will also provide to the City all warranty data from the individual equipment manufacturers, prepare a system maintenance program, and undertake Library staff training. Cibola has an extensive private company and public agency client list and has performed similar system design and installation services for many years. Staff recommends PAGE 2 OF AGEND:BILL NO. 15: 08b approval of the attached consulting agreement. Also attached for the City Council’s approval is Amendment No. 1 to an existing agreement approved by the City Council on August 26, 1997 with Law - Crandall, Incorporated for special inspection and testing services on the City’s construction site. The existing agreement’s scope of work and estimated fees for services have been exhausted and an extension of services is required. Law - Crandall is providing ongoing specialized inspection services to the City for all structural steel including all fabrication and welding, masonry, and the built-up roofing system. Additionally, Law - Crandall is performing all testing services required for the site grading, soils compaction, and the .extensive concrete work throughout the site. Staff recommends approval of the attached Amendment No. 1 required for the continuation of the ongoing special inspection and testing services for the Carlsbad City Library Project. FISCAL IMPACT: The cost of the Cibola Systems, Incorporated contract to provide the extensive audio - visual system design and installation services required of the Carlsbad City Library Project is $246,716. These funds already exist within the Library Project budget and do not require further appropriations. The cost of Amendment No. lwith Law - Crandall, Incorporated is $80,79lfor the required ongoing special inspection and testing services. Similarly, these funds already exist within the Library Project budget and also do not require further appropriations. EXHIBITS: 1. Resolution No. 99 - 8 1 approving an agreement with Cibola Systems, Incorporated and Amendment No. 1 to an existing agreement with Law - Crandall, Incorporated regarding the Carlsbad City Library Project. 2. Cibola Systems, Incorporated agreement. 3. Law - Crandall, Incorporated agreement Amendment No. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OLUTION NO. w-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR AUDIO - VISUAL DESIGN SERVICES AND AN AMENDMENT TO AN EXISTING CONTRACT FOR CONTINUED SPECIAL INSPECTION AND TESTING SERVICES FOR THE CARLSBAD CITY LIBRARY PROJECT. CITY PROJECT NO . 32 441 WHEREAS, the City Council of the City of Carlsbad, California, has previously approved the construction of the Carlsbad City Library Project, hereinafter referred to as the “Project;” and WHEREAS, the design and installation of an advanced audio - visual system is integral to the final development of the Project; and WHEREAS, said work is highly specialized requiring the services of an experienced and technically proficient company with specific expertise in the design and installation of complex audio - visual systems and their components; and WHEREAS, an agreement has been prepared with Cibola Systems, Incorporated to provide the needed services for the Project; and WHEREAS, on August 26, 1997, the City Council approved an agreement’ with Law - Crandall, Incorporated to provide special inspection and testing services for the Project; and WHEREAS, the scope of work and associated costs for said agreement have been exhausted requiring the preparation of an amendment to said agreement extending the agreement through the completion of the Project; and WHEREAS, an amendment to the aforementioned agreement has been prepared with Law - Crandall, Incorporated required of the Project; and WHEREAS, the City Council hereby finds it necessary, desirable, and in the public interest to proceed with the approval of the aforementioned agreement with Cibola Systems, -? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Incorporated for the required audio - visual systems design and installation services and the required amendment to the aforementioned agreement with Law - Crandall, Incorporated for the continuing special inspection and testing services required of the Project. NOW, THEREFORE, be it resolved as follows: 1 1. That the above recitations are true and correct. - I 2. That an agreement with Cibola Systems, Incorporated is hereby approved and the Mayor is authorized to execute said agreement. Following the Mayor’s execution of said agreement, the City Clerk is authorized and directed to forward copies of this Resolution and the signed agreement to Cibola Systems, Incorporated, attention: Ms. Diana Theron, 1118 East 17’ Street, Santa Ana, California 92701-2620, and the Community Development and Library Departments. 3. That an amendment to an existing agreement with Law - Crandall, Incorporated is hereby approved and the Mayor is authorized to execute said amendment. Following the Mayor’s execution of said amendment, the City Clerk is authorized and directed to forward copies of this Resolution and the signed amendment to Law - Crandall, Incorporated, attention: Mr. Larry Carroll, 9177 Sky Park Court, Suite A, San Diego, California 92123, and the Community Development and Library Departments. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of March , 1999, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ABSENT.: None -2- A CLAUDE A. LEWIS, Mayor ATTEST: l5i-h.h &*qh, ALETHA L. RAUTENKIWN 2, City Clerk -3- AGREEMENT FOR AUDIOVISUAL SYSTEM DESIGN AND INSTALLATION CONSULTING SERVICES THIS AGREEMENT is made and entered into as of the 16th day of February, 1999, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and CIBOLA SYSTEMS, CORPORATION, hereinafter referred to as “Contractor.” CITALS City requires the services of an audiovisual design and installation Contractor to provide the necessary services for the preparation of detailed engineering plans and specifications, equipment lists, and system installation services for the Carlsbad City Library Project, hereafter referred to as the “Project;” and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. . CONTRACTOR S ORLIGATIONS Contractor shall provide the specified services described in attached Exhibit “A dated February 1, 1999, incorporated by reference and made a part hereof. 2. ClTY The City shall pay Contractor in accordance with the fee schedule described in Exhibit “A.” City shall appoint a designated representative to coordinate all activities of the Project with Contractor. City shall provide copies of all available Project plans and rev. 812998 -1 - specifications, construction details, exhibits, and other existing information and Project data to Contractor. City shall make available the Project site and all facilities therein for Contractor to undertake the scope of work as described in Exhibit “A.” 3. PROGRESS AND fU$lPlETlON The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within five (5) months of that date or July 1, 1999, whichever occurs first. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the City Manager or his authorized representative. The City Manager or his authorized representative will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or- other agencies’ lack of timely action. 4. The total fee payable for the services to be performed shall be $246,716&L No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention from each progress payment until the project has been accepted by the City. Return of said retention by City to Contractor shall be made within thirty (30) calendar days of completion of the work and acceptance by the City. Incremental payments shall be made as outlined in attached Exhibit “A.” -2 - rev. 8125198 5. DlJdATlON OF CONTRACT This agreement shall extend for a period of two (2) years from date thereof. The contract may be extended by the City Manager for one (1) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYllllENT Payment of approved items on the invoice shall be mailed to the Contractor within thirty (30) calendar days of receipt of the invoice. 7. FlNAL Within five (5) days of completion and approval of the work as described in attached Exhibit “A,” the Contractor shall deliver to the City all operations and maintenance manuals, warranty documents, and other documents and system data as described in attached Exhibit “A.” 8. CHANGES If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the Clty may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in rev. 8125198 -3 - charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES . The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDl=WUWTlON CMUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 11. ION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the rev. 8125198 Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Manager or his authorized representative. The City Manager or his authorized representative shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. WS m LAWSUITS The Contractor 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. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that -5 - rev. 8125198 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 information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process, t+@ itial) The provisions of Carisbad 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. Jb”” tial) 13. S OF THE CONTRACTON The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. -6 - rev. 8125198 The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for empioyment of all agents, employees, subcontractors and Consultants that are included in this agreement. 14. CONFORMITY TO WL REB The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. -7 - rev. 8125198 15.’ OWNERSHIP OF DOCUBQENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 16. BEPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 17. Contractor agrees to indemnify and hold harmless the City of Carlsbad 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 willful misconduct, or negligent act, or omission 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. 18. ASS-T OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. rev. 8125198 A 19. SUBCONTRACTlNG If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHlBlTED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. rev. 8125198 -9 - 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 22: SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFFCTIVF, DATE This agreement shall be effective on and from the day and year first written above. 24. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. rev. 8125198 -10 - 25. lNSUlU4NCE The Contractor shall obtain and maintain for the .duration of the contract, and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-V and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. . . Covw and Lrmrts, Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. rev. 8125198 -11 - 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. B. &&!itional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance rev. 8/25/98 -12 - and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 26. m The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: Title: Name: Address: For Contractor: Title: Name: Address: 27. WSS LICENSE Municipal Projects Manager John J. Cahill 2075 Las Palmas Drive Carlsbad, CA 92008 President Lisa Perrine 1118 East 17”’ Street Santa Ana, CA 92701 Contractor shall obtain and maintain a City of Cartsbad Business License for the duration of the contract. 28. NTIRE AG- This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the -13 - rev. 8125198 parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this day of 919 - CONTRACTOR: CIBOLA SYSTEMS CORPORATION (name of Contractor) CITY OF CARLSBAD, a municipal T.1azl Per?- (print name/tit$$- Pet By: c w here) - ATTEST: Lisa Perrine, Secretary (print name/We) - ALETHA L. RAtiTENKRANZ \ City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY rev. 8125198 -14 - CALIFORNIA ALL-PURPL bE ACKNOWLEDGMENT r (e.g.. ‘Jane Doe. Notary Public”) personally appeared \ I Name(s) of Signer(s) Z personally known to me - OR -@i-proved to me on the basis of satisfactory evidence to be the person@ whose name@, is&e-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by bie/her/tb&r signature@) on the instrument the person@), or the entity upon behalf of which the personCg) acted, executed the instrument. WITNESS my hand and official seal. Al OPTIONAL Though the information below is not required by law, it may prove valuable lo persons relying on the document and could prevent fraudulent removal and reatkhment of this form to another document. Description of Attached Document Title or Type of Document: b,t?/‘&K 7 FA. ./&&XJV~LS A .C %7Zii &&zZC& #fld 23Tz*#v t5busd:&c- dE&w Document Date: Number of Pages: /? Signer(s) Other Than Named Above: -- Capacity(ies) Claimed by Signer(s) Signer’s Name: Signer’s Name: 0 Individual morporate Officer Title(s): ,pMJ_ 0 Partner - Cl Limited q General Cl Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: &Ts%Gws /r Cl Individual Cl Corporate Officer Title(s): Cl Partner - Cl Limited Cl General Cl Attorney-in-Fact 0 Trustee Cl Guardian or Conservator Cl Other: Signer Is Representing: I I 0 1995 National Notary Associattt l 9236 Remmet Ave.. P.O. Box 7194 - Cancga Park. CA 913097194 Prod. No. 5907 Reorder: Call Toll-Free l-900-876-6827 - . , CIB9LA s Y S T E M 5 EXHIBIT A PROPOSAt - This proposal is made to the City of Carlsbad (Client) by Cibola Systems Corporation (Consultant). Consultant proposes to provide detail engineering, assembly, installation, documentation, training and warranty for the audiovisual system and related elements of the following Project: CITY OF CARLSBAD Library Auditorium Multipurpose Room Staff Room Boardroom Cable TV Internal Distribution Infrastructure Cartsbad, California ii. APPROACH TO THE TASK. Ovemll system capabilities shall be as described in the Progmm Summary dated 2/l/99; the Equipment Lists dated l/21 /99; and the Audiovisual Plan dated 5/20/97 (for the Auditorium). Exact system design and equipment shall be as developed by Consultant and approved by Client during the Detail System Engineering Phase described in Section IV, B. III. DEFINITIONS. With respect to this Proposal, the words Client and Consultant are defined as follows: A. Client: City of Cartsbad 1200 Carl&ad Village Drive Carkbad, CA 92008 or its representatives, such as subcontmctors, or other entities acting for City of Cartsbad. B. Consultant: Cibola Systems Corporation 1118E. 17thStreet Santa Ana, CA 92701-2620 or its representatives, such as subcontmcton or job consultants (California Contractor’s license Number 340336). 1118 EAST 17’” ST. SANTA ANA, CA . . . . . . . . . . . . . . . . 92701*2620 TEL 714*4BO-0272 FAX 714*420*076. 1 Copyright, 1999 - Cibob Systbms Corporation g:\proi\a-t\carlaudi~im~.doc IV. SCOPE OF WORK. The total project includes: EXHIBIT A A- PreConstruction Design for Multipurpose Room, Boardroom, Staff Room and Cable TV Internal Distribution (infrastructure only). Consultant shall develop a system design to meet Client’s audiovisual (AV) needs. Consultant shall also assist architectural and construction team in examining the physical impact of the AV technologies involved; develop detailed infrastructure requirements and provide drawings showing how they integrate with related building systems and the building architecture. Consultant shall prepare a stmtegic overview of the AV portion of the Project; conceptual facility designs; CADD drawings with line and low voltage electrical requirements; equipment integration details; and equipment lists for bid and AV system installation. B. Detail System Engineering. Consultant shall prepare all necessary media/broadcast system engineering, electronic schematics, hardware dmwings, and system diagrams for Client approval. Consultant shall also prepare detailed equipment lists for all CFE (Client Furnished Equipment) to be bid during the implementation phase. C. Software Programming. Consultant shall provide such so&are progmmming as required to configure the media/broadcast system remote control electronics and user interface(s). Customization of Consultant’s standard menus and icons shall be considered Supplemental Services. D. Media System Assembly. Consultant shall procure custom installation materials as outlined in the Equipment List dated 2/l/99 and labeled “Installation Materials” for the Auditorium, Multipurpose Room, Boardroom and Staff Roam. Consultant shall also receive and test equipment furnished by Client’s equipment supplier, to be designated “CFE”. Consultant shall, at its facility and at the facility of Broadcast Subconsuttant, verify proper operation of individual equipment components, assemble and test the integmted system prior to shipment to Client. E. Media System Installation. Consultant shall deliver to the project site and install the complete media/broadcast system, including all equipment, cabling, connectors and other such elements required to provide a completely functional system. Consultant shall perform system test, audio equalization and optical alignment. 2 Copyright, 1999 - Cibola Sptoma Corpomlion g:~i\o-~carbudiidimp3.dOC EXHIBIT A F. Documentation. Consultant shall provide the following system documentation: - 1.- Three (3) media/broadcast system maintenance manuals including as-built system drawings and system engineering documentation. 2. Complete documentation for individual system components (e.g., ownetis manuals, warmnty statements) as delivered by the manufacturers. with the equipment. 3. Three (3) sets of “quick-reference” instructions describing basic system set-up and operation for the non-technical system user. G. Training. Consultant shall provide a total of up to sixteen (16) hours of training of Client’s staff over a two-day period as follows: 1. User Training: User Tmining shall focus on the overall . capabilities of the system and its operation. Orientation of this part of the Tmining shall be non-technical and shall emphasize a “hands-on” approach. Group size for each session of User Training shall be limited to four (4) individuals. 2. System Administmtor Tmining: In addition to describing geneml system capabilities and opemtion, this part of the Training shall include instruction in the proper technical support of the media/broadcast system. Emphasis shall be placed on basic troubleshooting, periodic maintenance requirements and advanced sys)em capabilities. Each session of System Administrator Training shall be one-on-one. Tmining in maintenance for individual “off-the-shelf” equipment and devices shall not be provided by Consultant, but mther by the manufacturers’ manuals. Tmining beyond that which is contracted herein shall be available at Consultant’s regular hourly mtes. 3 Copyright, 1999 - Cibola Systwm Corpomtion g:\proi\o-t\c0fhdi\conhwt\carlimp3.doc EXHIBIT A H. Warranty. Consultant shall provide a Basic Warranty which shall cover all custom equipment and the ovemll system. The - Basic Warranty shall be effective for a period of twelve (12) months, commencing on the date of system acceptance or the date of first use, whichever occurs first. s Should any failure occur in the system function during the Basic Warranty period, Consultant shall furnish, at its expense, all labor and material to restore the system to its original working condition, except as noted herein. Warranty of individual equipment items integmted into the media system by Consultant shall be as provided by the equipment manufacturer. Warranty on integrated equipment varies and may not coincide with the period or terms of the Basic Warranty. Should any piece of integmted equipment fail during its warranty period, Consultant shall remove, have repaired, replace and recalibmte the equipment as necessary. Support of manufacturer warranties as provided by the Basic Warranty shall not exceed a period of twelve (12) months when a manufacturer’s warranty is for a period longer than twelve (12) months. Basic Warranty covemge provided by Consultant excludes the following: 1. Opemting Supplies. 2. Repair of damage caused from improper use of the system or by opemtor errors. 3. Repair or recalibmtion required to correct changed system calibmtion settings. 4. Equipment, furnished by ‘Client’s equipment supplier, which is not new; which has not been delivered to Consultant in the original packaging with all manufacturers’ manuals and documentation; or which varies from the exact equipment specified. 5. Repair of damage caused by equipment not provided by Consultant as part of the original system. 6. Additions, service or modifications not made by Consultant or its authorized service representatives. 4 Copyright, 1999 - Cibob Sydms Cotpomtion gAproi\a-t\codoudi\contma\carlimp3.dac EXHIBIT A Service calls for non-warranty conditions shall be billed at Consultant’s normal service rates whether or not such calls are = made within the warranty period. V. CONSULTANT’S RESPONSIBILITY. Consultant shall provide all required labor and installation materials as described in this Proposal and in the Equipment Lists, with the exception of the items listed under Section VI of this Proposal (Client’s Responsibility) to accomplish the stated task. A. B. C. D. E. F. Consultant shall be responsible for providing design, engineering and procurement of materials as outlined in the Equipment Lists dated 2/l/99 and labeled “Installation Materials,” assembly and installation related to the media/broadcast system portion of the Project. Consultant shall be responsible for pulling all low voltage control, audio and video cables as required by the system design, unless otherwise noted. Consultant shatl be responsible for fmal calibration and testing of the specified media equipment. Consultant shall be responsible for all audiovisual system equipment upon receiving such equipment throughout assembly and shop test and shipment to Client job site in Cartsbad, California. Consultant shall be responsible for arranging for Broadcasting Subconsultant to take delivery of any equipment which the Broadcasting Subconsultant requires for testing prior to installation. Consultant shall provide proiect management of both Consultant’s and Broadcast Subconsultant’s installation personnel and Consultant shall administer media and broadcast system warranty. 5 Copyright, 1999 - Cibob Systems Corpomtion g:\prolb-t\cofloudirlimp3.doc VI. CLIENT’S RESPONSIBILITY. EXHIBIT A A.- B. C. D. E. F. G. H. I. J. Client shall be responsible for procuring equipment as required to make system fully operational. Such equipment shall be referred to herein as CFE (Client Furnished Equipment). Client shall be responsible for shipping all CFE to Consultant’s Santa Ana facility ten (10) weeks before project completion. Client shall be responsible for all standard electrical service and lighting that is part of the Project, including power service, conduits, outlets, switches, relays, lighting controls and antennas, as well as telephone, video, RF and data feeds to and from the media system as required by the system design; and for termination of feeds to external systems such as voice/data switch or CATV head-end. Client shall be responsible far providing all computers, telephone instruments and other devices that may interface with the media system whether or not such devices are specifically noted in the Equipment Lists. Client shall be responsible for providing all millwork and cabinetry as required to accommodate installation of the media/broadcast system. Client shall be responsible for modifications to millwork as required to accommodate installation of the specified media/broadcast equipment. Client shall be responsible for job site handling, stomge, and installation (including structuml design and shop drawings) of all projection screens. Client shall be responsible for providing structuml support at the walls, ceilings and floors as required for mounting of media/broadcast equipment. Client shall be responsible for installing all ceiling speaker enclosures, speaker cluster support structure, and attendant conduit. Client shall be responsible for notifying Consultant of any planned or implemented electrical or structuml changes which may affect the installation or function of the media/broadcast system. 6 Copyright, 1999 - Cibob Syshms Corporation g:\pro~la-f\corfaudRcontmcKcarlimp3.doc EXHIBIT A K. Client shall be responsible for providing current construction drawings to Consultant for review of electrical, mechanical, and -- structuml details that may affect the installation or function of the media/broadcast system. L. Client shall allow uninterrupted access to the facility for Consultant’s installation personnel during normal business hours of the scheduled installation period. Lost time due to unscheduled interruptions may be billed to Client at Consultant’s standard hourly mtes. Overtime required by delay in meeting Conditions of Installation shall be billed at 1 -l/2 times Consultant’s standard hourly mtes. M. Client shall be responsible for providing an ingress-egress procedure during normal working hours for Consultant personnel, equipment and tools. The procedure must be satisfactory to, and understood by, all personnel, including Client’s security staff. N. Client shall be responsible for all .building permits, applications, fees and approvals. VII. CONDITIONS OF INSTALLATION. All areas of the Project in which media equipment shall be installed by Consultant shall conform to the following Installation Criteria prior to commencement of media system installation: # A. All construction work, including installation of HVAC systems, power receptacles, conduits and pull-cords, lighting controls, low voltage control interfaces, equipment, cabinets, fixtures and finishes, shall be complete. 1. All construction materials, tools and debris shall be removed. 2. No activities which genemte excessive noise, dust or vibmtion shall occur in or adiacent to the installation areas. 3. Installation areas shall be secumble and controlled access provided. B. Consultant shall inspect the Proied s*& prior to the scheduled commencement of media/broadcast system installation. Exceptions to the stated Installation Criteria shall immediately be brought to Client’s attention. 7 Copyright, 1999 - Cibda Systems Coqomtion g:\prolla-t\Cdoudi\conhPcHcarlimp3.doC EXHIBIT A C. Field Conditions noted during installation which are contrary to - those indicted in the Project construction documents, and which conflict with the media/broadcast system requirements, shall immediately be brought to Client’s attentien. Resolution of such conditions shall occur before work proceeds. VIII. MISCELLANEOUS PROVISIONS. . A. Unless otherwise specified in writing, the dmwings and other technical inputs provided by Consultant are limited in scope to the media/broadcast system portion of the Project. Consultant does not assume responsibility for those functions normally ascribed to Client’s architect or geneml contmctor and their subcontractors; nor does Consultant assume responsibility for the performance of existing equipment, systems and environmental conditions. Questions of responsibility must be resolved before work begins. B. Cibola reserves the right to make changes and/or substitutions to the equipment identified on the “Installation Materials” Equipment List in cases where alternate equipment specifications are required to address issues of ovemll system functionality, product availability or other considemtions recognized during the course of detailed system engineering. Client will be notified in writing by Cibola before proceeding with any equipment substitutions that will significantly impact the total cost or the functionality of the audiovisual system. IX. COMPENSATION AND BILLING. The services and equipment described herein shall be furnished at a fixed price of $239,367.00 plus sales tax in the amount of $7,349.64 (at 7.75%) due and payable as follows: 25% withorder 35% upon Client receipt of system engineering documents 30 96 upon delivery of equipment to Cibola 10 %. upon completion of equipment installation Late payments shall be subject to a service charge of 1.5% per month. Copyright, 1999 - Gbob Systwns Corpution g:mj-f\corlaudhntmborlimp3.doc EXHIBIT A - This Proposal submitted 1 February 1999 is valid for thirty (30) days. CLIENT City of Carlsbad 1200 Carlsbad Village Drive Co&bad, CA 92008 Print Name: Date: CONSULTANT Cibola Systems Corpomtion 1118E. 17thSt. President 9 . Copyright, 1999 - Cibob Systems Corporaiion g:\proi\o-t\carlaudio~im~.doc EXHIBIT A CIBSZLA s Y S T E M S MEDIA SYSTEMS PROGRAM SUMMARY Project: CITY OF CARLSBAD Facility: City Library Auditorium; Multipurpose Room, Boardroom and Staff Room Job: 0706-4 Date: 2/20/97; Revised 6/26/97; 1 /14/99; l/25/99; l/28/99; 2/l 199 I. Auditorium Media Subsystem Description A. Visual Displays l One(l) lO’(w)x7’6”(h) motorized rear projection screen (existing-CFE) at the front of the Auditorium displays both composite video and data images, at resolutions up to 1280 x 1024. One (1) 10’ (w) x 10 (h) front projection screen (existing-CFE) also at the front of the auditorium displays both 35mm slides and 16mm motion picture images. l One (1) 15” color data monitor is placed in the A/V mck at the stage for previewing analog media sources prior to display on the video proiector. l One (1) 29” data monitor on cart at the edge of the stage displays same images as rear projection unit l Two (2) TV monitors (CFE). for foyer/courtyard overflow display l One (1) 1024 x 768 LCD display on lectern for viewing same image as shown on the rear projection screen for plug in at audience left stage position only Ill8 EAST 17’” ST. SANTA ANA, CA . . . . .927oj .2420 TEL 714-480-0272 FAX 714 - 480.0766 1 Copyright, 1999 - Cibob Systems.Corpomtion g:\profio-f\corloudihdockorlpsm5.doc - EXHIBIT A B. Video Routing/Processing - l Allows high resolution video to be routed to the rear projection system from any of four (4) PC and/or MAC computer input locations (laptop input at stage audience left, at presenter audience left and presenter audience center and permanent computer in AV equipment rack on stage) via the control system. Computers are CFE. l A wireless keyboard and mouse is used to operate the permanent computer (CFE) l The Computer inputs are distributed as RGBHV to the video projector; 29” monitor in front of the stage; preview monitor in A/V rack and lectern LCD panel, and are scan- converted for display on the video monitors. The Computer input currently displayed on the rear projection screen is scan-converted to a video image l Routes line doubled video from the media video sources to the rear projection system l Routes composite video to the monitors and lectern LCD panel l Routes two (2) analog video outputs to the Audio/Video Production System C. Analog Media Source Equipment l 0 One (1) stereo audio cassette player/recorder One (1) l/l” S-VHS video cassette player (with shuttle control) One (1) TV tuner One (1) satellite downlink (CFE) input One (1) 35mm slide to video converter One (1) compact disc player One (1) DVD player l Above media equipment located in Stage A/v equipment rack One (1) document camera located lectern and plugged in at either the audience left stage lectern position; at audience left presenter position or at audience center presenter position l One (1) auxiliary video input at Production Control Room. l One (1) digital input from the Production System Cii of Cadsbad Media Systems Pmgmm Summary - libmry 2/20/97; Revised 6/26/97; 1 /14/99; l/25/99; 2/l /99 2 Copyright, 1999 - Cibob S@ems Corporation g:\proj\o-korbudiorlpsm!Uoc EXHIBIT A 0. Voice Audio Reproduction - l l l l l l l Distributes and amplifies spoken presentations from one (1) fixed gooseneck microphone at lectern and plugged in at stage audience left, center and right lectern positions and at presenter audience left and center positions Eight (8) portable stage microphones on table stands for panel discussions at the stage Two (2) wireless hand-held microphones on floor stands for audience area. Audio signals from all microphones are mixed and distributed to the center speaker above the stage and the Audio Teleconference System. Incoming Audio Teleconference Audio is routed to the center speaker Audio signals from all microphones are mixed with media audio and Audio teleconference audio and distributed to the wireless (IR) assistive listening system; the monitor speaker in the Production Control Room. The wireless mics and lectern mic are routed to the Audio/Video Production System E. Media Audio System Distributes stereo media audio to the left and right speakers above the stage in the Auditorium, and the Audio/Video Production System. The equipment distributes audio to the wireless (IR) assistive listening system; the monitor speaker in the Production Control Room Sources provided for distribution include: Analog Media Equipment (see above), four (4) computer input stage locations, the portable 16mm motion picture projector WE), and the audio feed from the Audio/Video Production System F. Film Projection System l Two (2) 35mm slide projectors located in Production Room l A location for a 1 bmm motion picture proiector, supplied on an as needed basis, is also provided ciiofcadsbod 3 Media Systems Pmgmm Summary - library Copyright, 1999 - Cibob Systems Corpomtion 2/20/97; Revised &/26/97; 1 /14/99; l/25/99; 2/l /99 g:~i\a-f\carlaudiM~\~~~~.doc EXHIBIT A G. Remote System and Environmental Control - l l l l l l l l The control stations will consist of two (2) active matrix color touch panels, located at either of the three (3) stage lectern or table position, the audience left presenter position at the stage lectern, the A/V equipment rack; Production Control Room; and one (1) rack-mounted push- button control panel located in the Production Control Room. Remote control allows control of lighting, front projection screen, rear projection screen, video projector, audio teleconference system, and equipment located at the Stage A/V equipment rack. A preview function will be provided to allow inputs to be previewed at the equipment rack monitor Selected A/V equipment at the stage may be controlled locally as well as through the control system. Control of room lighting is also available at wall panels located in the Auditorium and Production Control Room. All analog media sources are remotely opemble from tilt control panels except the computers, satellite downlink, and document camem. The slide-to-video tmnsfer unit and the 35 mm slide projectors are remotely opemble The 16mm projector will be controlled at the unit. Cii of Carlsbad 4 Evkdia Systems Progmm Summay - Libby Copyright, 1999 - Cibob Systems Corporation Z/20/97; Revised 6/26/97; 1 /14/99; 1125199; 2/l /99 g:\pmi\a-t\ca~audi~\~~~rnS.doc EXHIBIT A II. Multipurpose Room (#1150) Media Subsystem Description - A. Visual Displays l One (1) 1024 x 768 ceiling-mounted LCD projector displays composite video and data images on one (1) 80”~ x 60”h front projection screen (existing-CFE) at the front of the Auditorium. B. Video Routing/Processing l Allows high resolution video to be routed to the projection system from one (1) laptop (CFE) input at lectern position at audience left l Routes video from the video sources to the projection system C. Analog Media Source Equipment l One (1) l/i” S-VHS video cassette player with integml TV tuner l One (1) auxiliary video input l Above media sources located in lectern D. Audio Reproduction l Distributes and amplifies spoken presentations from one (1) fixed gooseneck microphone at lectern and plugged in at audience front left positions l One (1) portable microphone on table stand plugs in at floor-box below lectern. Table is CFE l Audio signals from all microphones and selected media source are mixed, amplified and distributed to six (6) ceiling speakers. E. Film Projection System : One (1) 35mm slide projector on cart plugs in at floorbox at mar center of room. l One (1) overhead projector on cart plugs in at floorbox at front center of room City of Cahbod 5 Media Systems Progmm Summary - Libmry Copyright, 1999 - Cibob Systems Corpomtion 2/20/97; Revised 6/26/97; 1 /14/W; 1/25/W; 2/l /99 g:~j\a-f\corkudi\hchdoc\carlpm5.doc EXHIBIT A F. Remote System and Environmental Control - l The control station will consist of one (1) wireless 32 button control panel. l Remote control allows control of the LCD projector, VCR, source selection and voice and media volume l Room environmentals such as lighting and the front projection screen will be controlled ‘locally at wall-mounted switches (CFE) l The slide and overhead projector will be locally controlled l One (1) lectern with light Ill. Board Room Media Subsystem Description A. Visual Displays l One (1) 29” 1280 x 1024 ceiling-mounted data monitor on West wall displays composite video and data images. l One(l)48 “w x 48”h enclosed marker board mounted below the ceiling-hung monitor B. Video Routing/Processing l Allows high resolution video to be routed to the projection system from one (1) laptop (CFE) input at table position. l Routes video from the video sources to the projection system C. Analog Media Source Equipment l One (1) l/i” S-VHS video cassette player with integral TV tuner mounted below monitor l One (1) auxiliary video input at table position 0. Audio Reproduction l Audio from selected media source is distributed to monitor speakers. E. Remote System and Environmental Control l Room environmentals such as lighting will be controlled locally at wall-mounted switches (CFE) ’ l The IR remote control units which come with the monitor and VCR will be used to operate the equipment City of Corlsbod Media Systems Progmm Summoy - LihrY 6 copyright, 1999 - Cibola systems corpomtion . 2/20/97; Revised &/2&/97; 1 /I 4/W; l/25/99; 2/l/99 g:\prolla-f\cadcwdihdoc\coripsmS.doc EXHIBIT A - IV. -Staff Room Media Subsystem Description A. Visual Displays l One (1) ceiling-mounted 32” TV on East wall displays images from CATV system B. Remote System and Environmental Control l Room environmentals such as lighting will be controlled locally as wall-mounted switches (CFE) l The IR remote control units which come with the TV V. A. 8. VI. A. monitor will be used to opemte the equipment CATV System - Internal Distribution CATV signals are routed to Auditorium AV system Equipment Room; Auditorium Production Room; two (2) outside overflow monitors; Multipurpose Room #150 lectern position; Staff Room ceiling TV position; Boardroom ceiling monitor position Allow one (1) modulated input onto the internal cable distribution system from the Production Room, using auxiliary AV input Production System Television Production and Video Editing l The Television Production System will support three (3) robotic remotely controlled color camems and one (1) manually operated hand-held camem system. (This hand-held camera is further discussed under the Field Production System section.) l Each robotic camera and the hand-held camera may be set up and connected at six (6) different locations within the Auditorium, depending upon production requirements. City of CarlsbOd 7 Media Systems Pmgmm Summary - libmry Copyright, 1999 - Ciboh Systemq Corpomtion 2/20/97; Revised &n&/97; 1 /14/99; l/25/99; 2/l /99 g:\pmi\o-f\odaudi\hchdac\corlprm5.doc EXHIBIT A l - l l l l l 0 e The Television Production System will fully interface to the Auditorium’s Media AV System. All visual and audio program sources that can be displayed and/or played back by the Media AV System are available to the Television Production System for integration into the television program. Any video and/or audio signals originating from the Television Production Control Room can be displayed and heard through the Media AV System. The center of activity for television production will be the Production Control Room. The room is designed and laid out such that one, two or three operators can work within the Control Room space to produce live or edited video and audio programs. Two (2) main equipment mcks and a four-bay production console will house all switching, mixing, terminal, monitoring and associated electronic equipment. All equipment shall be installed in considemtion of good human factors and user interface considemtions. A lo-input video production switcher and a 16-input audio production mixer shall provide production personnel with a wide variety of video effects and audio mixing capabilities. Twelve (12) black and white video source monitors, two (2) high quality NTSC color monitors and a precision waveform/vectorscope monitor will provide opemtors with adequate visual displays and quality control video monitoring. Audio monitoring shall be via a pair of high quality audio monitor speakers and a precision audio monitor display. Video production will be enhanced with the capabilities of a PC-based character/graphics genemtor. As a system option, a digital video effects unit is under considemtion. Audio production will be supported with a cueable CD player and audio cassette deck. The system shall interface with the Media AV SyJtems’ audio teleconferencing system, allowing telephone call- in participation in the television productions. Ciiy of Carlsbad 8 Medio Systems Pmgmm Summary - Libmry Copyright, 1999 - Cibob Systems Corpomtion 2/20/97; Rwised &/2&/97; 1 /14/99; l/25/99; 2/l /99 g:\proi\a-t\corlaudi~~~.d~ EXHIBIT A l Program recording and playback shall be via digital - videotape. The “DV CAM” digital tape system has been selected as the standard digital tape format. Three (3) DV CAM digital record/play/edit VCRs will be provided. l Tape dubbing to S-VHS and VHS will be accommodated with the integration of two (2) S-VHS VCRs into the system. l Videotape editing system shall be integrated into the system. It shall maintain serial control of the three DV CAM VCRs and the production video switcher. l An option to the system is a non-linear, file server-based editing system. This is under consideration to replace the editor described above. l A two-wire intercom system shall be integrated into the system providing intercom communications between all Production Control Room operators (3), stage managers (2), hand-held television camera operator (1) and the Audio Production Control Room. B. Audio Production System l Within the announce/voice-over booth area of the Control Room, an Audio Production System shall be provided. l A 16-input, 4-buss audio production mixer shall serve as the main mixing and audio-processing device within this system. l The system shall support audio voice recording and video voice-overs, audio progmm recording from the Auditorium, audio editing and audio format dubbing. l Additional audio support and recording/playback equipment shall include cueable CD player, two (2) audio cassette record/players, one (1) l/4” reel-to-reel recorder, two (2) OAT recorders, one (1) digital audio effects processor and one (1) audio limiter/compressor processor. l Two (2) high quality recording microphones with shock mount and wind screens shall be set up for talent/progmm recording in the announce/voice-over booth, along with associated IFB units and monitoring headsets and one (1) 14” color video monitor. City of CorUad 9 Media Systems Pmgmm Summary - library Copyright, 1999 - Cibob Systems Corpomtion 2/20/97; Revised &/2&/97; 1 /14/99; l/25/99; 2/l/99 g:\prolla-f\carlaudiM~\~~~rn5.do EXHIBIT A C. Field Production System - l A DV CAM-based Field Portable Camera System with dockable DV camera record/playback deck shall be provided. NOTE: This camera must be fully compatible and interface with the Auditorium’s robotic camera systems. l The Field Production System shall also be provided with a high quality camera support tripod and pan/tilt head, 8” portable color monitor, lighting production kit, field microphones and video/audio cable kit. l All components shall be provided with manufacturer field transportation and shipping cases. 0. Press Feed l To facilitate on-site press; both program video and audio feeds will be made available to the press at the interior and exterior of the Auditorium. l An interior connection panel at the rear of the Auditorium will have two (2) BNC connector video feeds and two (2) 2-channel XLR audio feeds. l Exterior to the Auditorium, location to be determined, a weatherproof housing will also provide two (2) BNC . connector video feeds and two (2) 2-channel XLR audio feeds. E. Cable System Interface l The Television Production System will support both program reception from the local cable company and Auditorium-originated live or taped programming for injection into the local cable channel. cii of carlsbad 10 Media Systems Program Summoy - libmfy Copyright, 1999 - Cibab Systems Corporation 2/20/97; Revised &/2&/97; 1 /14/99; 1 RW99; 2/l /99 g:\proj\o-f\ca~awli\kchdoc\carlprm5.doc AMENDMENT NO. 1 TO AGREEMENT FOR CONSTRUCTION MATERIALS AND INSPECTION SERVICES FOR THE CARLSBAD CITY LIBRARY. PROJECT This Amendment is entered into and effective as of the 28th day of January, 1999, amending the agreement dated September 3,1997 by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Law I Crandall, a Division of Law Engineering and Environmental Services, hereinafter referred to as, “Contractor” for City’s Carlsbad City Library Project. RECITALS WHEREAS, the initial agreement, dated September 3, 1997 identified a scope of work to include construction materials testing and inspection services; and WHEREAS, the parties to this aforementioned agreement desire to alter the scope of work to include additional construction materials testing and inspection services; and WHEREAS, a supplemental scope of work and fee schedule have been negotiated and agreed to between the parties hereto, and as shown on Exhibits “A” and “B’ Scope of Services and Fee letters dated October 6,1998 and January 18,1999 respectively. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby agree as follows: 1. Contractor shall provide services as outlined on the attached Exhibits “A” and “B”. 2. City shall pay Contractor for all work associated with Paragraph 1 above, on a time and materials basis not-to-exceed $80,791 comprising estimated additional services of $77,791 plus a contingency of $3,000 through project completion. Contractor shall provide City on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly 212198 rates, and related activities and costs for approval by City. 3.‘ Contractor shall complete all work outlined on the attached Exhibits “A” and “B” by the expiration of the agreement amended hereby. 4. All other provisions of the aforementioned agreement entered into on September 3, 1997, by and between City and Contractor shall remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor shall include coverage for the amended assignment and scope of work. Acknowledged and Accepted: 1 CONTRACTOR: CIN ( carp ral WI WANDA1 .I _ a division of Law Engineering (name of contractor) & b- irommtal Services. IncBY: Lw ” By: h.-h-4&- (sign here) ATTEST: MAIWMLL -, Vic& fm/Drv (print name/title) ALETHA L. RAU Cii Clerk ’ . w Shh * Ass;3 -, . d (print name/title) 3-w -79 DATE (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY Ass-p- ity Attorney 2l2l98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared rn&li l&w A--uc$ 3r*s&,;, I he(S) ld awfts) ersonally known to me-c to be the person(s) whose name(s)mubscribed to the within instrument or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Cl Individual q Corporate Officer Title(s): Cl Partner - Cl Limited q General 0 Attorney-in-Fact 0 Trustee Cl Guardian or Conservator Cl Other: Signer Is Representing: Top of thumb here Signer’s Name: Cl Individual Cl Corporate Officer Title(s): 0 Partner - q Limited Cl General Cl Attorney-in-Fact q Trustee q Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1994 National Notary Associatiin l 8236 Remmet Ave., P.O. 90x 7184 l Canoga Park, CA91309-7184 Prod. No. bvu/ neomer: LabI mwree I-LIu)-~~~D-M~(~ LAW Crandall LAWGIBB Group Member A Es(ml7-- -2 ” October 6, 1998 Mr. John Cahill Municipal Projects Manager City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009- 1576 Subject: Request for Authorization of Additional Services Carisbad Library Project El Camino Real and Dove Lane LAWCFUNDALL Project 70300-7-0205 Dear John: At the request of Mr. Bill Bowdle of B&G Consultants during a meeting on September 30, 1998, we have developed an estimate for the testing and inspection services required to complete the project. This includes services rendered from September 28, 1998. This estimate is based on the September 29, 1998 construction schedule developed by Taylor Ball of California. TASK 605 - ROOFING This includes pull testing of the lightweight insulating concrete, four weeks of full-time installation monitoring, consulting during installation, and flnal report. Roofing Inspection I68 hours at $50 per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,400 Roofing Consulting and Reporting 22 hours at $80 per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f 1,760 Subtotal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..I S 10,160 ‘- TASK 820 - CONSTRUCTION TESTING AXD INSPECTION Masonrv Special Inspection 64 hours at $51 per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..-............................... $ 3,264 Concrete (including tilt-uo DaneIs) Special Inspection 96 hours at $5 1 per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f 4,896 A Division of Law Engineering and Environmental Services, Inc 9177 Sky Park Court. Suite A San Diego. CA 92123 619-278-3600 l Fax 619-278-5300 Ciy o,f Co&bad Carisbad Library Project Request for Additional Services October 6, 1995 i.AWC~~.Ui Project 70300-7-0205 Final Grading and Backfill Soil Technician 56 hours at $45 per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,520 Base and Subbase Soil Technician 32 hours at $45 per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,440 Asuhalt Paving Asphalt Inspection 24 hours at $51 per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,224 Engineering Consulting 14 hours at $100 per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 1,400 Subtotal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..-...... s 14,744 Structural Steel and Miscellaneous Metals Special InspectionNon-Destructive Testing 256 hours at $5 I per hour . . . . . . . . ..-...................................................................... % 13,056 Engineering Consulting 15 hours at $100 per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .._............................... $ 1,500 Subtotal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..f... s 14,556 TASKING- LABORATORYTESTING Includes 10 sets concrete cylinders; 3 asphalt extraction, gradation, Hveem Stability and Swell tests; 2 masonry cores for shear and compression; and 1 maximum density on base material: Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,900 TOTALESTII\IATEDCOST'~OCOMPLETEPROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 41,360 -2- Ciry of Carlsbad Carisbad Librav Pmject Request/or Additional Services TOTAL BUDGET ANALYSIS We have billed the following services through September 25, 1998. Invoice Date Invoice No. 213198 7033 197886 2il9/98 7033202397 3l24/98 7033209330 518198 7033220674 619198 7033228052 6!23/98 7033230330 7130198 7033239406 918198 7033250932 1 O/2/98 7033258288 Amount $615.00 $1,773.00 $5,683.75 $8,127.25 %7,636.00 $11,378.50 $22,378.50 $24,37 1.50 $33.660.75 S115,624.25 October 6, 1998 L.MCR4NLMLL Project 70300-7-0205 Paid Amount $615.00 $1,773.00 $5,683.75 $8,127.25 $7,636.00 11,378.50 $22,378.50 $21,617.00 0.00 $79~09.00 SUMMARY As you may recall, when we issued our original proposal for the work on September 3, 1997, it was based on 1991 Plan and Specification documents developed by McGraw/Baldwin Architects. Revisions to these contract documents were in process but not available. In addition, the construction schedule was not available for our review. Our total estimate to complete the project is now $157,000. A substantial portion of the additional services required has been associated with structural steel fabrication and erection elements which, as you know, have been problematic from the start. WC are in the process of attempting to quantify our retestingireinspection efforts. Other areas requiring additional effort include roofing, laboratory testing, concrete and masonry inspection, asphalt paving inspection, and soils testing. -3- - r4 Cily of Carisbad October 6, 1998 Co&bad Libraty Project L A~RANDALL Project 7~300-7-020j Request for Additional Services Please provide authorization for the additional budget detailed above by signing below and returning to this office. You may also fax it to 619-268-1352. If you have any questions, please call me. Sincerely, LAWCRANDALL A Division of Law Engineering and Environmental Services, Inc. Lawrence E. Carroll Manager, Engineering Services cc: Bill Bowdle David Wilson Authorization: Signature Title Print Name Diltc g: kng~pmj!Carl.dnul City1’02O.WkAReq A&i/ Sacs January !8,1999 LAW Crandall LAWGIBB Group Member A Mr. Bill Bowdle B & G Consultants 6965 El Camino Real, Suite 105-228 Carlsbad, CA 92009 Subject: Explanation of Additional Effort Carlsbad City Library LAW Document CCL-0035 LAwCFUNDALLP~~~~~~~~~~~-7-0205 Dear Mr. Bowdle: As agreed in our December 22, 1998 meeting, we have developed the following items of explanation of the additional effort that LAWCRANDALL (LAW) expended on the Carlsbad City Library project. We have previously transmitted information regarding these overages in our request for additional budget to John Cahill. At your request, we have limited the explanations to services provided during structural steel fabrication and erection activities since they form the bulk of the total additional services. Item 1 The original subcontractor for the structural steel was Chavez Steel who was replaced by H & H Steel. LAW performed an audit of Chavez Steel and their fabrication subcontractors. The effort expended with Chavez Steel is as follows: Chavez Steel Audit and WPS Review A Division of Law Engineering and Environmental Services, Inc. 9177 Sky Park Court, Suite A San Diego, CA 92123 61 g-278-3600 l Fax 619-278-5300 R & G Consultants January 18. I999 Carhbad City Librav hdk.4NDALL Project 70300-7-0205 Explanation of Additional Effort LAW Document CCL-0035 2 Item H & H Steel proposed a change to the project specifications to allow the use of the gas metal arc welding process (GMAW). LAW issued correspondence and attended a meeting to discuss the use of the GMAW process. H & H Steel used the GMAW process for a limited time and then switched to the flux core arc welding (FCAW) process. This required doubling the effort for the review of the weld procedures and welder certification. Nineteen weld procedures for the GMAW process were submitted by H & H Steel and reviewed by LAW; approximately three were used prior to changing to the FCAW process. Due to concerns with lack of fusion associated with the GMAW process, the structural engineer recommended macroetch testing on representative samples. The effort expended concerning the GMAW process is as follows: Meeting Concerning GMAW ’ ., Date ‘. 1: .“: - Employ=. -:-:. .I Ho,,~-j~ T;:‘;,$ &ie; :F;‘-$. ,fj: --. . . .: ;,ArnbGnt .- - 5l2 1198 DW 3 $100 $300 5E l/98 JM 2 $100 $200 S/22/98 DW 1 $100 $100 Review of GMAW Procedures Date 6f B/98 619198 Employee Hours -.. $;, F&t6 ;r- y‘ _- ,<.-:~.Amo,,nt : ‘:-, , . . DW 6 $100 $600 DW 2 SIOO $200 Revised GMAW Weld Procedures and Additional Welder Certification ’ Date .- “Employee Houn -fl,: :;. &-:bt+ :y:c; :,I ..y ?;;.Amount -P’: :.-; 6/l l/98 DW I $100 3100 6112198 DW 2 $100 6200 Macroetch or GMAW Samples #8695 #8696 $50 (Prep) + 3 120 (Test) x 4 $50 (Prep) + f 120 (Test) x 4 $1,360 4 2 ’ h B & G Consultants Corlsbod City Library Explonodon of Additionoi Eflort Jonuory18, 1999 L.4tiR.-WDALL Project 70300-7-0205 LAW Document CCL-0035 3 Item Several imbed plates were welded without inspection and with the GMAW process before the GMAW process was approved. The approved drawings require special inspection for all welding. Due to concerns with lack of fusion associated with the GMAW process, the structural engineer recommended macroetch testing on one of the imbed plates. The effort expended concerning the imbed plates welded with out inspection using the GMAW process is as follows: Macroetch and Embed Plates Welded without Inspection ;.. Date:<.; ‘g$;~~E&ploy& F:‘s--: : ‘!i ~~y~‘$-;‘.~~$;i~,&te ‘l&~\$&$;~~~&~g+. t? _x. . ..-’ 6/16/98 JM 1 $100 $100 6/17/98 JM 1 $100 $100 6/l 9i98 JM 2 $100 $200 , Macroetch or GMAW Samples 4 Item #8644 650 (prep) + % 120 (Test) x 4 $680 I During shop fabrication, three welders performed welding without proper certification. The effort expended concerning this issue is as follows: Welders Welding with Improper Certification l Date Employee Hours T. . . Rate ; .‘- : Amount :i; 9t23198 DW I $100 $100 9/29/98 DW 1 $100 $100 5 Item Structural Steel reinspection and retesting charges have been determined as stated in our letter dated November 13, 1998. The effort expended concerning retesting and reinspection is as follows: * - Jtem : ” ‘. “.’ _ ‘,TAm>s$ ‘. 1 Ultrasonic retesting s4,450 3 C . B & G Conwltonts Corlsbod City Librov fiplonotion of Addirionoi Effort Jonuory 18. 1999 ~.A~VCMDALL Project 70300-7-0205 hW Document CCL-0035 Item 6 Our original proposal dated April 22, 1997 was prepared without the benefit of a construction schedule and based on preliminary drawings dated October 28, 1991. There were several changes incorporated in the construction drawings that were not reflected in the preliminary drawings dated October 28, 1991. Our original proposal assumed that special inspection would not be required in the fabrication shop if the fabricator was an approved shop. We included only limited quality assurance inspection. The structural drawings required special inspection for all shop welding. Our original proposal did not include ultrasonic testing of welds. The complete joint penetrating welds for the moment connections required ultrasonic testing. Our original proposal did not include engineering consultation time related to this issue. Due to significant problems with the structural steel and reasons stated above, engineering consultation was required. The following is a summary of the proposed versus actual costs for the structural steel fabrication. Structural Steel Summary (through 12/18/98) CWI Shop ‘If pio*a c$$~ >?; j i I;‘.i,& Actual .I: _ .$& ..:;;2 -1. Additional _ , _- ,.+----- ,‘.i. ..- , ::’ -~‘A,,,o,,& ++ : -~l~:-Am~~~~~~ 1.T; &,&,,t ‘.--,. 6117 - 9110198 f 2,040 S 21,229 S 19,189 UT Shop I 6119 - 9115198 I sol S 13,706 1 S 13,706 CWI Field 8f25 - 1 l/4/98 E 14,280 s 16,831 s 2,55 1 UT Field 1 O/5 - 1 l/l 8/98 SO $5,253 S 5,253 Engineering I I $01 s 11,450 1 s 11,450 I Totail $52,149 Summary Our letter to John Cahill, dated October 6, 1998, requested additional budget to complete the project. At that time, we estimated a total budget of $157,000 would be required. Services expended through January 1, 1999 now total approximately $146,000. If you have any questions or concerns, please call us. Sincerely, A Division of Law Engineering and Environmental Services, Inc. David C. Wilson, RCE Senior Engineer Manager, Engineering Services g: Ieng~rjlCorLrbod Cit~tl702051Corr\CCL4035 4 City of Carlsbad March 15,1999 Law Engineering & Environmental Services Law / Crandall Division 9177 Sky Park Court, Suite A San Diego, CA 92123 AME~~~IIE~~,~‘~N&‘~ ,TO,ACREEMEMT FOR C~NSTRWT~~N & MATERIALS ,lti$PEc;tlOjW~RViCES FOR CARLSBAD LIBRARY PROJECT Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,086, and Resolution No. 99-81. These documents went before the City. Council on March 8, 1999, when the Resolution was adopted, approving Amendment No. 1 to an existing agreement with your company. Also enclosed is one original, fully executed Amendment No. 1 to the original agreement for the provision of special inspection and testing services for the Carlsbad City Library Project. If you have any questions regarding your contract, please call John Cahill, in the Community Development Department, at (760) 438-l 161, extension 4386. -Kathleen D. Shoup ’ Sr. Office Specialist 1200 Carlsbad Village Drive - Cartsbad, CA 92008-1989 - (760) 434-2808 a9 City March 15,1999 Cibola Systems 1118 East 17” Street Santa Ana, CA 92710 AeREEMENT - AEIDtO-tiSUAt SYSTEMS DESIGN AND INSTALLATION FOR CARtSBAD LIBRARY PROJECT Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,086, and Resolution No. 99-81. These documents went before the City Council on March 9, 1999, when the Resolution was adopted, approving an agreement with your company. Also enclosed is one original, fully executed Agreement for the design of audio- visual systems and installation services for the Carlsbad City Library Project. If you have any questions regarding your contract, please call John Cahill, in the Community Development Department, at (760) 438-l 161, extension 4386. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @