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HomeMy WebLinkAbout2007-12-18; City Council; 19262; Contract Replacement of Fire Station SystemsCITY OF CARLSBAD - AGENDA BILL 11 AB# 19,262 MTG. 12/18/07 DEPT. Fire AWARD OF CONTRACT FOR REPLACEMENT OF FIRE STATION A 1 ^DTI Kl/^ O\/OT^fc JIOALERTING SYSTEMS DEPT. HEAD \f^— CITY ATTY. &f CITY MGR. (^ — - RECOMMENDED ACTION: Adopt Resolution No. 2007-323 and award the sole source contract in the amount of $187,633 to Teleque on Fire for replacement of Fire Station alerting systems in Fire Station Nos.1,2, 3, 4 and 5. ITEM EXPLANATION: The existing fire station alerting system equipment was installed in all six (6) City fire stations between 1985 and 1990. Although the equipment has been adequately maintained, no system upgrades have occurred during this 15 to 20 year period. The existing alerting systems in the fire stations are not 'truly an integrated system but rather a series of separate components wired together to emulate an alerting system. The over 15 year old technology is becoming increasingly difficult to maintain, cannot utilize the information available in the NCDJPA computer-aided dispatching (CAD) system and is solely reliant on utilizing the City's network. NCDJPA Station Alerting Requirements The NCDJPA has mandated a station alerting system that is now required for all new or replacement fire stations and replacement station alerting systems in the North Zone. This mandate ensures the JPA's ability to service all member fire agencies and provides a common technology framework and foundation to provide long term dispatch services. Both new and replacement fire stations within the North Zone have installed, tested and are successfully utilizing the NCDJPA recommended station alerting system. The recommended system has been reviewed by the City's Information Technology (IT), Facilities and Fire Departments, in conjunction with NCDJPA. The IT Department supports the implementation of the recommended station alerting system. The new alerting systems will be directly connected to NCDJPA, removed from the City's network interface and better utilize available information from NCDJPA's CAD system. Further, the station alerting hardware will also accommodate other IT- related equipment that needs to be updated, relocated and mounted in a climate controlled location in each station. The T-1 lines that currently connect NCDJPA to each fire station and the Safety Center are shared with the City's IT network. This was the original configuration instituted at the inception of the NCDJPA dispatching project. The IT and Fire Departments, as well as NCDJPA, concur that this shared T-1 line arrangement has not provided the appropriate level of service reliability. In conjuction with the installation of the replacement fire station alerting systems, IT will install direct T-1 access from NCDJPA to each fire station and the Safety Center, which DEPARTMENT CONTACT: Kevin Crawford, (760) 931-2141, kcraw@ci.carlsbad.ca.us FOR C/7Y CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED E/ Dn Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D n D Page 2 will improve service reliability and videoconferencing capabilities and remove the NCDJPA dispatch interface from the City's network. NCDJPA can then better serve the fire stations and handle any dispatch or videoconferencing-related technical issues. The Fire, IT and Facilities Departments will continue to work cooperatively to achieve these goals. Proposed Station Alerting System The new recommended station alerting system in each of the City's remaining five (5) fire stations will increase alerting reliability through integration with the NCDJPA CAD system along with the system's ability to self-diagnose. Additionally, the system will provide enhanced capabilities over the current technology through zone alerting, which alerts specific zones within the fire station depending upon call type and provide improved audio and visual alerting. Further, the system can pre-announce information to enhance turn-out time. The station alerting system is planned to have a useful life of ten (10) years. The new recommended station alerting system is already been approved as a sole source contract with this vendor, as part of permanent Fire Station No. 6, which is currently under construction. Upon completion of the construction of permanent Fire Station No. 6, all six (6) Carlsbad fire stations will utilize this station alerting system. Award of Contract The award of the recommended station alerting system contract to the sole source vendor, Teleque on Fire, has been reviewed and approved by the City Attorney's Office and the Purchasing Department. The Facilities Department, in conjunction with IT Department and NCDJPA, will issue the contract with Teleque on Fire and facilitate the installation and initialization of the replacement station alerting systems in Fire Station Nos. 1-5. FISCAL IMPACT: The total project cost to purchase and install the replacement station alerting system in the City's remaining five (5) fire stations is $187,633. In the FY 2007-08 Fire Department budget, the City Council approved capital funds in the amount of $175,000 for this project. The remaining required funds in the amount of $12,633 will be funded from the Fire Department's budgetary savings through efficiencies. Sufficient funds are available as a result of the Fire Department's budgetary savings through efficiencies. There is no annual maintenance agreement; as system maintenance will be accomplished on a time and materials basis, if needed, utilizing funds from the Fire Department's operating budget. EXHIBITS: 1. Agreement for Fire Station Alert System Maintenance Services 2. Resolution No. 2007-323 AGREEMENT FOR FIRE STATION ALERT SYSTEM MAINTENANCE SERVICES Teleque on Fire THIS AGREEMENT is made and entered into as of the / v _ day of . 2009. by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Teleque on Fire, a Sole Proprietor ("Contractor"). DEFINITIONS Repair: Authorized service work to equipment and systems required to preserve and protect any City owned or maintained fire station alert systems system as specified in this Agreement. Installations: Equipment installation and adjustment required to preserve and protect any City owned or maintained fire station alert systems systems as specified in this Agreement. Maintenance: Any routine, recurring, and usual services or preventative maintenance on existing City systems necessary for the protection or preservation of any City owned or maintained fire station alert systems as specified in this Agreement. Demolition: The removal of fire station alert equipment required to preserve and protect any City owned or maintained fire station alert systems systems as specified in this Agreement. RECITALS A. City requires the professional services of a Low Voltage Systems Contractor that is experienced in providing routine, recurring and usual fire alert system maintenance work necessary for the protection and preservation of City owned or maintained fire station alert systems for their intended purposes. B. Contractor has the necessary experience in providing professional services and advice related to providing routine, recurring and usual fire station alert system maintenance work necessary for the protection and preservation of City owned or maintained fire station alert systems for their intended purposes. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render the fire station alert system maintenance and repair services described in the Scope of Work contained in City of Carlsbad 1 Fire Station Alert System Maintenance Services the City's Request for Proposals and the Contractor's proposal, which are incorporated by this reference in accordance with this Agreement's terms and conditions. The Contractor will perform fire station alert systems maintenance and related services as needed and as authorized on a time and materials basis as specified in the Contractor's proposal. Nothing in this agreement is intended to create an exclusive arrangement between City and Contractor. The City reserves the right to procure fire station alert systems maintenance services from other vendors as the City deems appropriate. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. Contractor shall maintain a C-7 license issued by the California Contractors State License Board throughout the term of this Agreement. 3. TERM The term of this Agreement will be effective for a period of one-year from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The Contractor's fire station alert systems maintenance work will be by paid at a fixed cost rate as indicated in the Contractor's proposal. The total fee payable for the Services to be performed during the initial Agreement term will not exceed One Hundred Thousand dollars ($187,633). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in the Contractor's proposal. The Contractor will perform work in accordance with all applicable Carlsbad Municipal Code sections, California building codes, OSHA standards and any other regulatory requirements. All parts will be newly manufactured replacement parts or an equal approved by the Fire Chief, or his authorized representative. The Contractor shall submit invoices to the Fire Chief, or his authorized representative by the 5th day of the month for work performed in the previous month under this contract. The Contractor shall provide detailed records of all work performed and include all required reports of systems and/or equipment(s) serviced or repaired. Failure to provide the required documents, invoices, and reports will result in the City of Carlsbad withholding payment to the Contractor until all the required documentation, including supplier invoices for parts, are provided to the City. City of Carlsbad Fire Station Alert System Maintenance Services Certified payroll documents shall be submitted to the City with each billing. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. PREVAILING WAGES TO BE PAID 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 of the contract. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to 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 Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS City of Carlsbad Fire Station Alert System Maintenance Services The City reserves the right to employ other Contractors in connection with the Services. 10. PARTS The City reserves the right to supply needed parts and equipment to the Contractor for Services. 11. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will 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. 12.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 12.1.1 COMMERCIAL GENERAL LIABILITY INSURANCE $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. City of Carlsbad Fire Station Alert System Maintenance Services 12.1.2 Automobile Liability If the use of an automobile is involved for Contractor's work for City, $1,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 ANY AUTO COVERAGE Insurance 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 auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 12.1.4 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.5 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on General Liability. 12.2.2 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.2.3 Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.3 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.4 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS City of Carlsbad Fire Station Alert System Maintenance Services Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all documents related to services performed produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 17. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv: Name: JimTorretto Title: Fire Battalion Commander Department: Carlsbad Fire City of Carlsbad Address: 2460 Orion Way. Carlsbad. CA 92008 Phone No. (760) 434-2949 For Contractor: Name Title Address \j Phone No. "3fco- 9cc)-o£oo City of Carlsbad Fire Station Alert System Maintenance Services 18. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager and/or designee. The City Manager and/or designee will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager and/or designee will be binding upon the parties involved, although City of Carlsbad Fire Station Alert System Maintenance Services nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for 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, City will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim City of Carlsbad Fire Station Alert System Maintenance Services 8 10 may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. SERVICES DURING STATE OF EMERGENCY During a state of emergency as determined by the City Council or City Manager including, but not limited to states of emergency defined by Government Code Section 8558, the Contractor agrees to provide the services specified in this Agreement under the terms and conditions herein. 28. ENTIRE AGREEMENT This Agreement, the City's Request for Proposal, the Contractor's Proposal, and the Specifications, together with any other written document referred to or contemplated by these documents, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City of Carlsbad Fire Station Alert System Maintenance Services CITY OF CARLSBAD BID 07-13 FIRE STATION ALERT SYSTEMS MAINTENANCE SERVICES EXHIBIT "A" MANNER OF PERFORMING SERVICES PARTI GENERAL SPECIFICATIONS DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "BID ITEM" - Individual items of work in the CONTRACTOR'S proposal at an agreed price for the work. B. "CITY" - The CITY of Carlsbad. C. "CITY MANAGER" - The fully appointed CITY MANAGER of the CITY or his authorized representative. D. "CONTRACT ADMINISTRATOR" - The PUBLIC WORKS DIRECTOR'S designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. E. "CONTRACTOR" - The managing individual of the contracting entity or his authorized employees or representatives. F. "FULLY OPERATIONAL" - In a condition to undertake the function to adequately as passenger or freight fire station alert systems. G. "PERIODIC INSPECTION" - Routinely scheduled or randomly noticed inspection or audit conducted by CITY. H. "PUBLIC WORKS DIRECTOR" - The official designated as the Public Works Director of CITY, or any of his authorized representatives. City of Carlsbad Fire Station Alert System Maintenance Services 11 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONISBILITY 1.01 The CONTRACTOR shall perform the work described herein in a thorough and professional manner so that the City of Carlsbad is provided with reliable and high quality Fire station alert systems installation services at all times. 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform installation at the Bid Item price. 1.03 The CONTRACTOR'S forces shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform services. The CONTRACTOR shall erect barricades, warning signs and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas. 1.04 Fire station alert systems service shall be performed in accordance with accepted standards for fire station alert systems service to the satisfaction of the CONTRACT ADMINISTRATOR or his designee. CONTRACTOR shall immediately respond when notified by CITY to correct unsatisfactory work at no additional charge. 1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks to the satisfaction of the CONTRACT ADMINISTRATOR, within twenty- four (24) hours of notification. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 2.00 FIRE STATION ALERT SYSTEMS TO BE PROVIDED 2.02 CONTRACTOR acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition, and agrees to make no demands upon CITY for any improvements or alterations thereof. 3.00 PAYMENT AND INVOICES 3.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount pf the compensation to be paid by the CITY for all services rendered by the ^CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding City of Carlsbad Fire Station Alert System Maintenance Services 12 month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 3.04 In the event the CITY transfers title, maintenance responsibility, or changes service frequency of a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the agreement and the CONTRACT sum shall be reduced accordingly. The CONTRACT ADMINISTRATOR may, at his discretion, add new fire station alert systems to be maintained and/or installed and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on a negotiated proposal. Proposal costs shall not exceed customary costs of similar equipment as submitted. The CONTRACT ADMINISTRATOR shall notify the CONTRACTOR of additions, reductions or deletions of areas to be serviced in writing. 4.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES 4.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. In addition to deductions stipulated in other sections of this agreement, the CONTRACT ADMINISTRATOR may enforce deductions in accordance with Section 4.00 4.03 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deduct pro-rata from the CONTRACTOR'S invoice for work not performed, and/or deduct liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. 4.04 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 5.00 INSPECTIONS. MEETINGS. & REPORTS 5.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying City of Carlsbad Fire Station Alert System Maintenance Services 13 CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 5.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative on each site at the discretion and convenience of the CONTRACT ADMINISTRATOR, for walk-through inspections. All routine maintenance functions shall be completed prior to this meeting. 5.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 5.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the maintenance, operation, and safety of the fire station alert systems. 6.00 OTHER INSPECTIONS AND MAINTENANCE 6.01 The CONTRACTOR shall advise the CITY of required inspections, maintenance and repairs required to satisfy all regulating agencies requirements to insure uninterrupted services of the CITY'S fire station alert systems. 7.00 CONTRACTOR'S DAMAGES 7.01 All damages incurred to existing facilities by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. 8.00 COMMUNICATIONS 8.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain a twenty- four (24) hour emergency telephone number, toll free to a San Diego region area code. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable. 8.03 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY may, after reasonable attempt to notify the City of Carlsbad Fire Station Alert System Maintenance Services 14 CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by the CONTRACT ADMINISTRATOR, charge the cost thereof to the CONTRACTOR, or deduct such cost from any amount due to the CONTRACTOR. This deduction shall include a markup for administrative costs equal to fifteen (15) percent of the actual costs incurred. 8.04 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non- action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 8.05 CONTRACTOR'S supervisor shall carry cellular telephones with local San Diego region area code. Supervisor shall respond to any call from the CITY within thirty (30) minutes at any time. 9.00 SAFETY 9.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance op his duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. 9.02 CONTRACTOR shall notify the CONTRACT ADMINISTRATOR immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the CONTRACT ADMINISTRATOR within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with the CITY in the investigation of any such occurrence. 10.00 HOURS AND DAYS OF SERVICES 10.01 The acceptable daily hours of services shall be 7:00 am to 5:00 pm, which shall be considered normal work hours as may pertain to any other provision of the CONTRACT. 10.02 CONTRACTOR shall provide staffing to perform the required services during the prescribed hours as specified in these contract documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the CONTRACT ADMINISTRATOR. City of Carlsbad Fire Station Alert System Maintenance Services 15 10.03 Per State of California Labor Code, CONTRACTOR is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this CONTRACT shall constitute a legal day's work and said CONTRACTOR shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by State of California Labor Code Section 1815. 12.00 CONTRACTOR'S STAFF AND TRAINING 12.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 12.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, background checks if required by the CONTRACT ADMINISTRATOR on all personnel providing fire station alert systems services for this contract. In the event such background check reveals an item, which Carlsbad Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 12.03 CONTRACTOR'S personnel shall possess the minimum qualifications for the position in which each is working. 12.04 CONTRACTOR shall have a "Local" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this agreement performance period. "Local" in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, Los Angeles or Riverside counties. CONTRACTOR shall provide, prior to commencement of work under this Agreement, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representative. CONTRACTOR'S "Local" representative shall be responsible for instructing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (7:00 a.m. to 5:00 p.m., Monday through Friday). 12.06 Each crew of CONTRACTOR'S employees shall include at least one individual who writes and speaks the English language proficiently. For the purposes of this section a crew is understood to be any individual worker or group of workers who might service any site without other CONTRACTOR'S supervisory personnel present. City of Carlsbad Fire Station Alert System Maintenance Services 16 12.07 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the public patronizing the premises. 12.08 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S personnel removed from the premises when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public patronizing the premises 12.09 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. 13.00 NON-INTERFERENCE - NOISE 13.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 13.02 In the event that the CONTRACTOR'S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 14.00 DRUG AND ALCOHOL FREE WORKPLACE 14.01 The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition of this agreement, CONTRACTOR and CONTRACTOR'S City of Carlsbad Fire Station Alert System Maintenance Services 17 employees shall assist meeting the requirements of this policy as set forth in the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY'S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. CITY has the right to terminate, or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached the provisions of Section 15 herein as interpreted and enforced pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use Policy". 15.00 ASSIGNMENT OF CONTRACT 15.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. 17.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 17.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with the Vendor's Proposed Cost of Services chart. 17.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 17.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 18.00 TIME AND MATERIALS City of Carlsbad Fire Station Alert System Maintenance Services 18 18.01 In the event that the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONTRACTOR'S proposal for work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. 18.02 The CONTRACT ADMNISTRATpR may direct CONTRACTOR to proceed by allowing him/her to use the following rates or percentages as added costs for the markup of all overhead and profits: 1) Labor As Stipulated in Vendor's Proposed Cost of Services chart. 2) Materials As Stipulated in Vendor's Proposed Cost of Services chart. 3) Equipment Rental 15 4) Other Items and Expenditures .... 15 Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, Labor Surcharge and Equipment Rental Rates published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the CONTRACTOR and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract." 18.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. City of Carlsbad Fire Station Alert System Maintenance Services 19 TECHNICAL SPECIFICATIONS AND SPECIAL CONSTRUCTION PROVISIONS CITY OF CARLSBAD FIRE STATION ALERT SYSTEMS MAINTENANCE SERVICES SPECIAL CONSTRUCTION PROVISIONS 1. The Work The Contract work to be performed hereunder includes the furnishing of all labor and equipment and furnishing and installing all materials, unless herein specifically excepted, necessary for the complete and satisfactory removal of all portions of the existing fire station alert system and replacing the system with all new equipment as detailed in the Contractor's attached proposal. The work shall consist of demolishing and removing the existing fire station alert system in five fire stations; installing, testing and placing a modem fire station alert system in five fire stations; and restoring all adjacent areas and improvements to pre-construction conditions. Contractor shall, upon completion of all work required herein, initially operate all components of the Contract Work installed or furnished and installed by him, and make any additional, adjustments, corrections, repairs, replacements, and reconstruction's necessary to provide Owner with complete, correctly operating fire station alert systems. 2. Work Sites The Contract work site is located in the City of Carlsbad at five fire stations. 3. Construction Plans (Drawings) The Contractor shall provide any and all needed drawings to install the equipment. 4. Notice of Award and Notice to Proceed Upon Notice of Award, Contractor is hereby authorized to execute Contract and secure Certificates of Insurance. Upon execution of Contract by Owner, Contractor is authorized to begin document submission, material ordering, and construction scheduling. City of Carlsbad Fire Station Alert System Maintenance Services 20 5. Data to be Submitted by Contractor Contractor shall furnish Owner submittals for all equipment, equipment components, fabricated materials, and materials to be furnished for review and acceptance by Owner prior to Contractor performing work to which data pertains. Submittals shall be provided in accordance with the "Contractors Submittals Technical Specifications". Prior to beginning construction, Contractor shall submit 24-hour emergency phone numbers for the construction superintendent, construction foreman, and all company principals. 6. Contractor Cooperation and Coordination Contractor shall cooperate with Owner, San Diego Gas and Electric, and all other jurisdictional agencies. Owner will have representatives on site to observe and verify compliance with Contract Documents. Contractor shall perform work in a manner not to interfere with operation of other park facilities nor operate any existing facilities. Contractor shall perform his work in accordance with the sequence of work as specified herein. Contractor shall coordinate all work with the Owner. A detailed schedule of proposed work shall be provided to the Owner on Thursday of each week. 7. Permits, Licenses, Certificates, Laws and Ordinances A. Contractor and all subcontractors shall procure and maintain a valid City of Carlsbad Business License for the duration of the Contract. B. The Contractor shall obtain at its expense any and all needed permits to perform its work. 8. Storage of Materials and Equipment Contractor shall not store materials or equipment on private or public property without written permission from the affected property owners approving such use. Said written permission shall be submitted to Owner prior to Contractor moving materials or equipment onto site. Contractor's equipment shall be removed from public or private right-of-way and placed in the Contractor's designated storage areas at the end of each workday. 9. Building Inspection City of Carlsbad Fire Station Alert System Maintenance Services 21 If required, the Contractor shall obtain a Building Permit from the City Building Official. The Contractor will be required to coordinate and schedule any and all inspections required by the Building Official. No work may be covered or continued until all required the Building Official performs all required inspections. Building Inspection may be scheduled for next business day by calling (760) 602- 2725 and requesting inspection through the automated scheduling system. Be advised that inspection will not be scheduled for a particular time during the next business day. The Contractor also agrees that any issue requiring re-inspection for any reason, by the Building Official, is not grounds for delay claims. 10. Preservation of Existing Improvements, Restoration of Work Site and Disposal of Spoil and Waste Materials A. Contractor shall perform his operations so that existing improvements adjacent to or in the vicinity of the work site are not damaged. Contractor shall repair and restore any disturbed or damaged private or public improvements which results from his operations (except that which is specifically a part of the Contract Work) to the satisfaction of the Owner, or the agency having jurisdiction over said improvements, all at his expense. B. All work sites shall be restored to pre-job conditions and shall meet the requirements of Owner and property owner. Owner is obligated to keep visual impact of the work sites to a minimum; therefore, Contractor is required to restore all areas altered by construction to pre-existing conditions. Such areas shall include, but shall not be limited to, areas used for travel, parking, and storage of vehicles, equipment and materials. C. Contractor shall be responsible for the proper disposal of all waste materials resulting from his operations, including rubbish, packaging materials, discarded equipment parts, and damaged construction materials, in a manner and at locations suitable to the Owner and all health and other regulatory agencies. 11. Construction Water & Electrical Contractor may utilize the existing water source at the fire stations. The Contractor shall coordinate and request permission to utilize the City's water source 48 hours prior to any requested use. Contractor shall furnish and install all necessary piping and appurtenances, including pumps, necessary to convey water from Owner's system to places of use within the work site. Contractor shall supply an Owner approved backflow prevention device. City of Carlsbad Fire Station Alert System Maintenance Services 22 The Contractor shall be responsible for procurement of electrical power for his work. The Contractor shall coordinate and pay for services with the Utility and shall include cost of such power sources in his bid item price for the work. The Contractor may, at his option, provide a portable generator for the work. All portable generator equipment must be equipped with suitable mufflers and shall be in good operating condition. 12. Salvage Contractor shall meet with the Owner prior to removal of any material or equipment from the Existing Facilities, and the Owner shall designate which equipment, piping, valves, and fittings (if any) are to be salvaged by the Contractor. All other equipment and materials removed shall be considered waste and disposed of by the Contractor. 13. Sequence of Work A. Introduction Project Work includes the following major components: demolition of portions of the existing fire station alert systems, building materials and electrical materials required to be removed, replacement of the fire station alert system with an all new system including connection to all utilities, re- replacement of all components, and restoration of the site surrounding the construction to its original condition. A detailed sequence of work for major project components is provided hereinafter. B. General 1) The Contractor shall perform demolition of portions of the existing facilities and salvage or dispose of the building materials and appurtenances as directed by the owner. 3) The Contractor shall perform all necessary construction for replacement of the existing fire station alert systems including utility connections as required to provide a fully operational facility. 4) The Contractor shall return the areas affected by construction to their original pre-construction condition. 5) Any proposed modifications to the Sequence of Work provided herein shall be submitted in writing to the Owner for approval. If approved, said modified Sequence of Work shall be implemented by the Contractor at no additional cost to the Owner. Any proposed modifications to the specified Sequence of Work shall reflect the necessary changes in all other project components. City of Carlsbad Fire Station Alert System Maintenance Services 23 14. Location of Equipment and Ambient Environmental Conditions All electrical equipment shall be designed to operate at the project site, which is located in indoor and outdoor areas in fire stations. The project site elevations vary from approximately 10' to 120' above mean sea level. Maximum design ambient temperature shall be 140°F and minimum design ambient temperature shall be 20°F. Relative humidity may range from 10% to 95%. Equipment shall be designed to prevent damage which could be caused by high or low ambient temperature within the specified range, freezing, dust in the air, winds of up to 70 mph, and wet weather conditions. Equipment shall be specifically designed to function satisfactorily under said conditions. All electrical equipment shall be suitably sealed. 15. Specified Model Numbers All model numbers used herein are provided for information only, to assist Contractor in selecting equipment that conforms to specifications. In case of any conflict between model numbers given herein and the descriptive specifications or performance specified, the descriptive specifications and performance specified shall govern. 16. Inspection Fees Contractor shall bear all costs and fees incurred as a result of inspection services furnished by utilities or others. In the event the Contractor requests to work outside the stated working hours, or on holidays, Saturdays, or Sundays, and the Owner agrees to same, the Contractor shall pay for the Inspector's time at the rate of $100.00 per hour. Inspection by the Building Official will not be available after hours or on weekends or holidays. 17. Compliance With Contract Documents Contractor shall comply with all instructions of Owner to insure compliance with the Contract Documents, including timely completion of work each day, work site clean-up, control of traffic, and placement of signs. If Contractor does not comply with the Contract Documents, then Owner shall provide the required labor, materials, and equipment to perform same and shall deduct the cost from monies otherwise due under the Contract. 18. Geological Conditions at Work Site Contractor shall, satisfy himself with regard to all geologic conditions which may affect Contract Work. City of Carlsbad Fire Station Alert System Maintenance Services 24 Personal investigation by Contractor is mandatory. Contractor may perform excavations on site. Contact the Owner to arrange for access to site. Neither the information contained in the specifications, or from the Owner, his agents or employees shall act to relieve Contractor from any responsibility in fulfilling any and all of the terms and requirements specified herein. 19. Safety Requirement of Equipment Furnished by Contractor The equipment furnished by Contractor shall comply with the applicable requirements of the Safety Orders of the Division of Industrial Safety of the State of California. Copies of the Safety Orders as available at the Printing Division, Documents Section, State of California, Sacramento, California 95814. City of Carlsbad Fire Station Alert System Maintenance Services 25 APPENDIX "B" SPECIAL PROVISIONS TECHNICAL SPECIFICATIONS City of Carlsbad Fire Station Alert System Maintenance Services 26 CONTRACTOR SUBMITTALS TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 Description This Section covers requirements for submittals and forms a part of all other Sections in which submittals are specified or required. A. Submittal Requirements Included in this Section 1. Contractor's Construction Schedule 2. Shop Drawings 3. Material Samples, etc. 4. Operation and Maintenance Manuals 5. Requests for Substitutions or Equals 6. Record Drawings 1.02 Progress Schedule A. Within thirty (30) days of Notice of Award, Contractor shall submit a Construction Schedule for construction progress control, prepared on 11 inch x 17 inch charts. All construction activities and procurement shall be indicated in a time scaled format and a calendar shall be shown on all sheets along the entire sheet length. Each activity arrow or node shall be plotted so that the beginning and ending dates of said activity can be determined graphically by comparison with the calendar scale. B. The duration estimate indicated for each activity shall be computed in working days and shall be shown on the construction schedule in calendar days. It shall represent the single best estimate considering the scope of the work and resources planned for the activity. Except for certain non- labor activities, such as curing concrete or delivering materials, activity duration shall not exceed ten (10) working days (fourteen (14) calendar days), nor be less than one (1) working day unless otherwise accepted by Owner. Contractor shall modify any portions of the construction schedule that become infeasible due to activities behind schedule or for any other valid reason. Any activity that cannot be completed by its original latest completion date shall be deemed to be behind schedule. City of Carlsbad Fire Station Alert System Maintenance Services 27 1.03 Shop Drawing Submittal A. Unless otherwise specified in the Contract Documents, Contractor shall furnish for all equipment and materials to be furnished and installed for the project at least six (6) copies of each shop drawing for Owner's review and approval. Four (4) copies will be retained for Owner's use, and two (2) copies will be returned to Contractor. The term "Shop Drawings" as used herein shall be understood to include all data covering all equipment, equipment components, fabricated materials, and furnished materials. Data shall include, but shall not be limited to, design calculations, equipment drawings, fabrication and installation drawings, erection drawings, operating instructions, catalog sheets, data sheets, lists, graphs, and similar items. Data shall demonstrate compliance with the Contract Documents. Contractor shall submit shop drawings in a timely manner. Contractor shall allow a reasonable period for Owner's review and approval of shop drawings. Contractor shall be responsible for any project delays resulting from late submittal of initial shop drawings or re-submittal of corrected or revised shop drawings. B. Method of Submittal Contractor shall deliver shop drawings submittals by means of dated, signed, and sequence numbered transmittals on Contractor's letterhead. Contractor shall clearly describe the submittal contents, identifying whether initial or subsequent submittals and stating the drawing numbers and specification sections, articles, and paragraphs to which the shop drawings pertain. All data sheets, catalog cuts, or drawings showing more than the particular item under consideration shall be marked to delete all but the applicable information. C. Deviations or Exceptions from Contract Documents Where proposed equipment or materials, equipment components, equipment functions, or equipment operations deviate from the specifications and whenever exceptions to the specifications are taken, it shall be clearly noted on the shop drawing submittals. Deviations shall include references to the specific sections, parts, and paragraphs or drawing numbers and notes for which the deviations or exceptions are made. D. Contractor's Review All shop drawing submittals shall be carefully reviewed by Contractor prior to submission to Owner. Contractor shall indicate by a signed and dated stamp on the submittal that Contractor has checked the shop drawings as being correct and in strict conformance with the Contract Documents. Shop drawings not so reviewed by Contractor may be returned without action City of Carlsbad Fire Station Alert System Maintenance Services 28 taken by Owner, and any delays caused thereby shall be the responsibility of the Contractor. E. Owner's Review 1. Owner's review of the shop drawings submitted by Contractor will cover only general conformity to the Contract Documents. The review of shop drawings shall not relieve Contractor of full responsibility for any deviation from the requirements of the Contract Documents. As specified above, deviations or exceptions to the Contract Documents shall be clearly indicated on the shop drawings. Contractor shall be responsible for any errors or omissions in the shop drawings or for the accuracy of dimensions, quantities, and the design of adequate connections and details. 2. Unless specified elsewhere, Owner will return two (2) sets of shop drawing submittals to Contractor with his comments noted thereon, within fifteen (15) working days following their receipt by Owner. It is expected that Contractor shall prepare his submittals in such a manner that he is able to obtain a complete and acceptable submittal by the second submission. Owner reserves the right to deduct monies from the amounts due to Contractor to cover the cost of the Owner's review beyond the second submission. F. Corrections and Resubmittals Contractor shall make all required corrections and shall resubmit the required number of corrected shop drawings until found in general conformance with the Contract Documents and design concept of the project. No work that requires shop drawing submittals shall be purchased or commenced until the pertinent shop drawings have been submitted, reviewed, and approved. 1.04 Material Samples Submitted A. General Whenever in the Contract Documents material samples are required, Contractor shall submit to Owner not less than two (2) samples of each such item for review and approval, all at no additional cost to Owner. Upon receiving approval by Owner, one (1) set of the samples will be stamped and dated by Owner and returned to Contractor, and one (1) set of samples shall remain at the job site until completion of the work. City of Carlsbad Fire Station Alert System Maintenance Services 29 VENDOR'S PROPOSED COST OF SERVICE Please see attached quote from Teleque On Fire dated 10-22-2007. City of Carlsbad Fire Station Alert System Maintenance Services 30 CONTRACTOR//TELECOMMUNICATION CONCEPTS LICENSE #497855 (Exhibit "A") 1275 PHILLIPS STREET *** VISTA CALIFORNIA 92083 *** TEL: 760 - 808-0600 *** FAX : 760 - 940-0128 Page: 1 Date: 10/22/2007 TO: Ingrid Lenz Carlsbad Fire Department 2560 Orion Way Carlsbad, California 92010-7280 We are pleased to submit the following bid: Job Description: Installation of new alerting interface and related equipment for station one: QUANTITY 10 7 3 2 3 DESCRIPTION Station one: Comtech Model Ten alerting interface with CAD interface. Comtech Lem ( expansion module ). T.O.A. Mixer amplifier. Astron 12 VDC Power unit Heavy duty shelf for radio placement and IT related peripherals. H.M.I. Panel. 1500 Series Minute Man UPS unit Din rail termination field. Southwest equipment cabinet The space utilization is configured for 60% installation and the remaining space can be assigned for IT equipment Comtech SPKL-1 speakers/egress light combination units: Bogen ceiling speakers. Bogen outside horns. Bogen Orbit speakers for the ap.floor application. All speakers to be recabled and all installation hardware to be provided. Strobes for shower and high noise area's. Total materials Comtech: Total materials Teleque...on Fire: TOTAL MATERIALS: TAX: LABOR: TOTAL: $11,350.00 $5,625.00 $950.00 $167.00 $110.00 $4,400.00 $875.00 $75.00 $800.00 $3,450.00 $1,120.00 $660.00 $700.00 $150.00 $24,992.00 $5,440.00 $30,432.00 $2,358.00 $4,500.00 $37,290.00 City of Carlsbad Fire Station Alert System Maintenance Services (Exhibit "A") CONTRACTOR » TELECOMMUNICATION CONCEPTS (Exhibit "A") 1275 PHILLIPS STREET *** VISTA CALIFORNIA 92083 *** TEL: 760 - 808-0600 *** FAX : 760 - 940-0128 Page: 2 Date: 10/22/2007 TO: Ingrid Lenz Carlsbad Fire Department 2560 Orion Way Carlsbad, California 92010-7280 We are pleased to submit the following bid: Job Description: Installation of new alerting interface and related equipment for station two: QUANTITY 7 5 2 2 2 DESCRIPTION Station two: Comtech Model Ten alerting interface with CAD interface. Comtech Lem ( expansion module ). T.O.A. Mixer amplifier. Astron 12 VDC Power unit Heavy duty shelf for radio placement and IT related peripherals. H.M.I. Panel. 1500 Series Minute Man UPS unit Din rail termination field. Southwest equipment cabinet The space utilization is configured for 60% installation and the remaining space can be assigned for IT equipment Comtech SPKL-1 speakers/egress light combination units: Bogen ceiling speakers. Bogen outside horns. Bogen Orbit speakers for the ap.floor application. All speakers to be recabled and all installation hardware to be provided. Strobes for shower and high noise area's. Total materials Comtech: Total materials Teleque...on Fire: TOTAL MATERIALS: TAX: LABOR: TOTAL: $11,350.00 $5,625.00 $950.00 $167.00 $110.00 $4,400.00 $875.00 $75.00 $800.00 $2,415.00 $800.00 $440.00 $700.00 $100.00 $23,957.00 $4,850.00 $28,807.00 $2,233.00 $4,500.00 $35,540.00 City of Carlsbad Fire Station Alert System Maintenance Services (Exhibit "A") 33. CONTRACTOR It TELECOMMUNICATION CONCEPTS LICENSE* 497856 (Exhibit "A") 1275 PHILLIPS STREET *** VISTA CALIFORNIA 92083 *** TEL: 760 - 808-0600 *** FAX : 760 - 940-0128 Page: 3 Date: 10/22/2007 TO: Ingrid Lenz Carlsbad Fire Department 2560 Orion Way Carlsbad, California 92010-7280 We are pleased to submit the following bid: Job Description: Installation of new alerting interface and related equipment for station three: QUANTITY 1 1 1 1 1 1 1 1 1 7 5 1 1 2 DESCRIPTION Station three: Comtech Model Ten alerting interface with CAD interface. Comtech Lent ( expansion module ). T.O.A. Mixer amplifier. Astron 12 VDC Power unit Heavy duty shelf for radio placement and IT related peripherals. H.M.I. Panel. 1500 Series Minute Man UPS unit Din rail termination field. Southwest equipment cabinet The space utilization is configured for 60% installation and the remaining space can be assigned for IT equipment Comtech SPKL-1 speakers/egress light combination units: Bogen ceiling speakers. Bogen outside hom. Bogen Orbit speakers for the ap.floor application. All speakers to be recabled and all installation hardware to be provided. Strobes for shower and high noise area's. Total materials Comtech: Total materials Teleque...on Fire: TOTAL MATERIALS: TAX: LABOR: TOTAL: $11,350.00 $5,625.00 $950.00 $167.00 $110.00 $4,400.00 $875.00 $75.00 $800.00 $2,415.00 $800.00 $220.00 $350.00 $100.00 $239,576.00 $4,280.00 $28,237.00 $2,188.00 $3,750.00 $34,175.00 City of Carlsbad Fire Station Alert System Maintenance Services (Exhibit "A") CONTRACTOR //TELECOMMUNICATION CONCEPTS LICENSE* 497855 (Exhibit "A") 1275 PHILLIPS STREET *" VISTA CALIFORNIA 92083 *** TEL: 760 - 808-0600 *** FAX : 760 - 940-0128 Page: 4 Date: 10/22/2007 TO: Ingrid Lenz Carlsbad Fire Department 2560 Orion Way Carlsbad, California 92010-7280 We are pleased to submit the following bid: Job Description: Installation of new alerting interface and related equipment for station four: QUANTITY 1 1 1 1 1 1 1 1 1 12 5 2 2 2 DESCRIPTION Station four: Comtech Model Ten alerting interface with CAD interface. Comtech Lem ( expansion module ). T.O.A. Mixer amplifier. Astron 12 VDC Power unit Heavy duty shelf for radio placement and IT related peripherals. H.M.I. Panel. 1500 Series Minute Man UPS unit Din rail termination field. Southwest equipment cabinet The space utilization is configured for 60% installation and the remaining space can be assigned for IT equipment Comtech SPKL-1 speakers/egress light combination units: Bogen ceiling speakers. Bogen outside horns. Bogen Orbit speakers for the ap.floor application. All speakers to be recabted and all installation hardware to be provided. Strobes for shower and high noise area's. TOTAL MATERIALS: TAX: LABOR: TOTAL: $11,350.00 $5,625.00 $950.00 $167.00 $110.00 $4,400.00 $875.00 $75.00 $800.00 $4,140.00 $800.00 $440.00 $700.00 $100.00 $30,532.00 $2,366.00 $4,500.00 $37,398.00 City of Carlsbad Fire Station Alert System Maintenance Services (Exhibit "A") 5 CONTRACTOR//TELECOMMUNICATK3N CONCEPTS LICENSE* 487856 (Exhibit "A") 1275 PHILLIPS STREET *** VISTA CALIFORNIA 92083 *** TEL: 760 - 808-0600 *** FAX : 760 - 940-0128 Page: 5 Data: 10/22/2007 TO: Ingrid Lenz Carlsbad Fire Department 2560 Orion Way Carlsbad, California 92010-7280 We are pleased to submit the following bid: Job Description: Installation of new alerting interface and related equipment for station five: QUANTITY 1 1 1 1 1 1 1 1 1 18 10 4 4 2 DESCRIPTION Station five: Comtech Model Ten alerting interface with CAD interface. Comtech Lem ( expansion module ). T.O.A. Mixer amplifier. Astron 12 VDC Power unit Heavy duty shelf for radio placement and IT related peripherals. H.M.I. Panel. 1500 Series Minute Man UPS unit Din rail termination field. Southwest equipment cabinet The space utilization is configured for 60% installation and the remaining space can be assigned for IT equipment Comtech SPKL-1 speakers/egress light combination units: Bogen ceiling speakers. Bogen outside horns. Bogen Orbit speakers for the ap.floor application. All speakers to be recabled and all installation hardware to be provided. Strobes for shower and high noise area's. TOTAL MATERIALS: TAX: LABOR: TOTAL: $11,350.00 $5,625.00 $950.00 $167.00 $110.00 $4,400.00 $875.00 $75.00 $800.00 $6,210.00 $1,600.00 $880.00 $1,400.00 $100.00 $34,542.00 $2,677.00 $6,000.00 $43,219.00 City of Carlsbad Fire Station Alert System Maintenance Services (Exhibit "A") CONTRACTOR 0 TELECOMMUNICATION CONCEPTS LICENSE *48786S (Exhibit "A") 1275 PHILLIPS STREET *** VISTA CALIFORNIA 92083 *** TEL: 760 - 808-0600 *** FAX : 760 - 940-0128 Page: 6 Date: 10/22/2007 TO: Ingrid Lenz Carlsbad Fire Department 2560 Orion Way Carlsbad, California 92010-7280 We are pleased to submit the following bid: Job Description: Installation of new alerting interface and related equipment for stations one, two, three, four and five. STATION* Station 1 Station 2 Station 3 Station 4 Stations DESCRIPTION Break down of cost: Total materials Comtech with tax: Total materials Teleque...on Fire with tax: Total Labor: Total bid proposal: This bid includes all materials, tax, licenses and labor to complete the project to the Carlsbad Fire communications standards. All materials and labor is warranted for one year starting from the date of City acceptance. Additional warranties is available after the expiration of the manufacturer and installation warranties. The annual cost is 10% of the total contract value. $37,290.00 $35,540.00 $34,175.00 $37,398.00 $43,219.00 $136,131.00 $28,241.00 $23,250.00 $187,622.00 City of Carlsbad Fire Station Alert System Maintenance Services (Exhibit "A") 3"7 License Detail Page 1 of2 Welcome License Detail Contractor License # 497855 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. • Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 07/09/2007 * * * Business Information * * * TELEQUE ON FIRE 1275 PHILLIPS STREET VISTA, CA 92083 Business Phone Number: (760) 809-0600 Entity: Sole Ownership Issue Date: 09/05/1986 Reissue Date: 05/25/1993 Expire Date: 05/31/2009 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications [Cjassjl Description C-7 [[LOW VOLTAGE SYSTEMS * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6006214 in the amount of $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractor's Bonding History * * * Workers Compensation Information * * * http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 7/9/2007 License Detail Page 2 of 2 This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Effective Date: 07/25/2003 Expire Date: None Workers Compensation History Personnel List License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 7/9/2007 1275 Phillips Street Vista, California 92083 Tel: 760- 809-0600 E-mail: Telequez@aol.com November 5, 2007 Dale A. Schuck Public Works Supervisor, Contracts and agreements TELEQUE...ON FIRE operates as a "Sole Proprietor" business and carries no payroll. Therefore, TELEQUE...ON FIRE is exempt from workmen's compensation insurance. If you have any questions or need additional information, please do not hesitate to contact me at 760-809-0600. Sincerely, TELEQUE...ON FIRE RUDYZANAS OWNER. 29. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOI *By; i CARLSBAD, a municipal /ofth€ (sign here) (print name/title) **By:ATTEST: (sign here) (print name/title)City Clerk •^ *;7«»3ffii^rt' ~If required by City, proper notarial acknowledgment of execution by contractor must be attacnecU "£'"+ . If a Corporation. Agreement must be signed by one corporate officer from each of the following'";n\\^ two groups. *Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officers) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City At*rney City of Carlsbad Fire Station Alert System Maintenance Services 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTrState of &4t'/&9Y2^Si </f Countvof ^Sr^H-'-O'tJirO 5?P!i?3gJ5r?S3SgS3i!^S!^^ | i \ i -~r i/ i\ ( On ///!>/6n before me. /2&&&*#' 3, PlD /-I £^£7&> T^ . \ 0 Date ^_ V personally appeared /^l/lO^I ^-/<T> \\ D personally known to me - OR -/^proved to rr Si1 1 X^S^y OFFICIAL SEAL 1 « "&Cli& ROBERT ^ KOHLSTEDT *f, gf'KaHIiKClNOTARY PUBLIC-CALIFORNIAS J CE\^^rffiB7'7 COMM. NO. 1518307 ^ { IVsWCjr/ SAN DIEGO COUNTY •fi f MSS^ MY COMM. EXP. OCT. 6, 2008 1 1 Name and Title of Officer (e.g., "Jane Doe, Notary Public") ^ *J4 £ ' . ) Name(s) of Signer(s) v e on the basis of. satisfactory evidence to be the person(s) | whose name(s)fte/are subscribed to the within instrument j and acknowledged to me that he/she/they executed the y same in his/her/their authorized capacity(ies), and that by | his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, \ executed the instrument. | ^WITN^S$Tny~Ttond and official seal. | ^ *^^~ Signature of Notary Public , V n-ris^Ai A i \ J 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. \ f iV^ Description of Attached Document - . \ \ / \ t Title or Tvoe of Document: C/M df 0fo(s(^>6/tfP && ?O)jm4i4/ rft4T'>1frffi&^ \ \ J\ Document Date: ///fc /o) tf Sianer(s) Other Than Named Above: ' ( Capacity(ies) Claimed by Signer(s) J Signer's Name: A- . ^Aj^^S S: IV D Individual \ { 0| Corporate Officer S! Title(s): ^H/A^'rS J D Partner — D Limited LI General ^ D Attorney-in-Fact J n Trustee _________ J|i D Guardian or Conservator H|«filS^iJi J, D Other: TOP of mumb ii> I \, Signer Is Representing: ( / /f2s&*»~&f&f ' \ Number of Pages: /«5 af^-fd ^ — | \ *1\ Signer's Name: \\ D Individual J D Corporate Officer j Titters): ? D Partner — D Limited Q General ,| [.'_! Attorney-in-Fact . \ ! i Trustee ^ IH r i Guardian or Conservator HifMSSiiiill J •f. i '\ Other' Top of thumb here !j \ \ Signer Is Representing: | J A ) 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827 1 RESOLUTION NO. 2007-323 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING THE CONTRACT 3 TO REPLACE FIRE STATION ALERTING SYSTEMS 4 WHEREAS, existing fire station alerting system equipment is 15 to 20 years old 5 and in need of replacement; and 6 WHEREAS, the selected replacement alerting system has been installed, tested 7 and utilized by other fire agencies in the North Zone; and8 9 WHEREAS, the contract has been approved as a sole source with the vendor, 10 Teleque on Fire, in the amount of $187,833; and 11 WHEREAS, sufficient capital funds are available in the Fire Department Capital 12 Outlay budget and in budgetary savings through efficiencies to complete the 13 replacement of fire station alerting systems in Fire Station Nos. 1-5. 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 15 Carlsbad, California, as follows: 16 1. That the above recitations are true and correct.17 18 2. The contract in the amount of $187,833 with Teleque on Fire, to replace 19 fire station alerting systems at Fire Station Nos. 1-5, is approved. 20 3. That the That the Mayor of the City of Carlsbad is hereby authorized and 21 directed to execute a contract to replace fire station alerting systems at Fire Station 22 Nos. 1-5, with Teleque on Fire. 23 4. That the approval of this contract is contingent upon Teleque on Fire 24 executing the required contract and submitting insurance polices and other required 25 documentation, as described in the contract, within twenty (20) days of adoption of this 26 resolution. The City Manager may grant reasonable extensions of time. Zj I 28 " 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of December, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. CLAUDE A LEWIS, Mayor ATTEST: (SEAL) WOODfCity Clerk ' ^