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HomeMy WebLinkAboutRancho Santa Fe Security Systems Inc; 2021-05-13; PWM21-1467FACPWM21-1467FAC Faraday Building Security Alarm Panel Replacement Page 1 of 12 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FARADAY BUILDING SECURITY ALARM PANEL REPLACEMENT This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Rancho Santa Fe Security Systems, Inc., a California corporation whose principal place of business is 1991 Village Park Way, Suite 100, Encinitas, CA 92024 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Charles Balteria (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 13th May PWM21-1467FAC Faraday Building Security Alarm Panel Replacement Page 2 of 12 City Attorney Approved 1/20/2020 FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ________Denise M. Korenek___________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 PWM21-1467FAC Faraday Building Security Alarm Panel Replacement Page 3 of 12 City Attorney Approved 1/20/2020 INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Rancho Santa Fe Security Systems, Inc. 1991 Village Park Way, Suite 100 (name of Contractor) 427169 (street address) Encinitas, CA 92024 (Contractor’s license number) C-10 Electrical 9/30/22 (city/state/zip) 760-942-9387 (license class. and exp. date) 1000012240 (telephone no.) N/A (DIR registration number) 6/30/23 (fax no.) MSwineheart@rsfsecurity.com (DIR registration exp. date) (e-mail address) DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 PWM21-1467FAC Faraday Building Security Alarm Panel Replacement Page 4 of 12 City Attorney Approved 1/20/2020 AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR RANCHO SANTA FE SECURITY SYSTEMS, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Denise M. Korenek, President, Secretary & CFO Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 PWM21-1467FAC Faraday Building Security Alarm Panel Replacement Page 5 of 12 City Attorney Approved 1/20/2020 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 0%0% 0 N/AN/AN/A PWM21-1467FAC Faraday Building Security Alarm Panel Replacement Page 6 of 12 City Attorney Approved 1/20/2020 EXHIBIT B Faraday Building Security Alarm Panel Replacement Contractor to furnish all labor, materials and equipment to replace the existing CADDX NX8E alarm panel and associated hardware with a new DMP XR 150 security alarm panel (equality or equivalent) at the Faraday Building located at 1635 Faraday Avenue, Carlsbad, CA 92008. Scope of work shall consist of all items mentioned in the contractor’s proposal dated March 1, 2021 and is attached to this document as Exhibit “C”. Exhibit “D” includes new siren locations and Exhibit “F” includes materials. • Contractor to test and verify proper operation of each zone device connected to the security system. • Contractor to clearly label each zone device connected to the system. • Contractor to remove and securely dispose of all replaced equipment. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Faraday Building Security Alarm Panel Replacement $7,834 TOTAL* $7,834 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 PWM21-1467FAC Faraday Building Security Alarm Panel Replacement Page 7 of 12 EXHIBIT C – Contractor’s Proposal DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 PWM21-1467FAC Faraday Building Security Alarm Panel Replacement Page 8 of 12 EXHIBIT D – New Siren Locations DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 PWM21-1467FAC Faraday Building Security Alarm Panel Replacement Page 9 of 12 EXHIBIT F – Materials DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 PWM21-1467FAC Exhibit "F" (continued) Faraday Building Security Alarm Panel Replacement Page 10 of 12 DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 PWM21-1467FAC Exhibit "F" (continued) Faraday Building Security Alarm Panel Replacement Page 11 of 12 DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 PWM21-1467FAC Exhibit "F" (continued) Faraday Building Security Alarm Panel Replacement Page 12 of 12 DocuSign Envelope ID: 3763DE0E-39E8-4F95-BE18-79E6D3675461 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/14/2020 License # 0L48969 (619) 369-9121 103 (619) 864-7106 10851 Rancho Santa Fe Security Systems, Inc. 1991 Village Park Way #100 Encinitas, CA 92024 22357 A 1,000,000 X 51GL014784 201 12/1/2020 12/1/2021 100,000 5,000 GL DEDUCTIBLE $1000 1,000,000 2,000,000 1,000,000 X PER PROJECT BY CONTRACT E&O LIABILITY 1,000,000 5,000,000A 51CC005424 201 12/1/2020 12/1/2021 5,000,000 10,000 B X 16WEQY5BG5 4/30/2020 4/30/2021 1,000,000 Y 1,000,000 1,000,000 RE: PWM21-1304FAC (LEO CARRILLO SECURITY PANEL REPLACEMENT) THE CITY OF CARLSBAD IS INCLUDED AS ADDITIONAL INSUREDS AND COVERAGES PER THE ATTACHED ENDORSEMENTS BUT SOLELY IN REGARDS TO THE OPERATIONS OF AND SERVICES PROVIDED BY THE ABOVE REFERENCED NAMED INSURED AS/WHERE REQUIRED BY WRITTEN CONTRACT AS RESPECTS TO GENERAL LIABILITY BUT LIMITED TO THE OPERATIONS OF THE ABOVE REFERENCED INSURED UNDER SAID CONTRACT, AND ALWAYS SUBJECT TO ALL THE POLICY TERMS, CONDITIONS AND EXCLUSIONS PER ENDORSEMENTS ATTACHED: ECG 20 599 05 09; EIL 00 514 01 08; EDEC 164 03 13.WORK COMP WAIVER OF SUBROGATION PER ATTACHED WC 04 03 06. City of Carlsbad/CMWD CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICES P.O. BOX 947 MURRITA, CA 92564 RANCSAN-01 LIEFR1 C3 Risk & Insurance Services 404 Camino Del Rio S. STE 410 San Diego, CA 92108 Fred Liebel fred@c3insurance.com Everest Indemnity Insurance Company Hartford Accident And Indemnity Company X X X X XX X X X COMMERCIAL GENERAL LIABILITY ECG 20 599 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 20 599 05 09 Copyright, Everest Reinsurance Company 2009 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS –AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT WITH YOU – INCLUDING COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing opera-tions, but only when you and such person or or-ganization have agreed in writing in a contract or agreement prior to the commencement of such operations that such person or organization be added as an additional insured on your policy. Such person or organization is an additional in-sured only with respect to liability for "bodily inju-ry", "property damage" or "personal and advertis-ing injury" but only to the extent caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of “your work” for an addi-tional insured. B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the writ-ten agreement between the parties; or 2. The Limits of Insurance provided by this Cov-erage Part. D. With respect to the insurance afforded to an additional insured, the following additional exclu-sions apply: This insurance does not apply to: 1. “Bodily injury”, “property damage” or “person-al and advertising injury” arising out of any act or omission of an additional insured or any of its employees. 2. "Bodily injury", "property damage" or "person-al and advertising injury" arising out of the rendering of, or the failure to render, any ar-chitectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica-tions; or (b) Supervisory, inspection, architectural or engineering activities. 3. "Bodily injury", "property damage" or "person-al and advertising injury" arising out of any construction projects that are part of a consol-idated (wrap-up) insurance program. This ex-clusion also applies to any: (a) Work or operations performed; or (b) Materials, parts or equipment furnished; in connection with such wrap-up construction projects, regardless of whether they are per-formed or furnished at the location of the wrap-up construction project or anywhere else. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:04/21/20 Policy Expiration Date:04/30/21 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:16 WE QY5BG5 Endorsement Number:Effective Date:04/30/20 Effective hour is the same as stated on the Information Page of the policy.Named Insured and Address:RANCHO SANTA FE SECURITY SYSTEMS INC1991 VILLAGE PARK WAY STE 100ENCINITAS CA 92024 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce ourright against the person or organization named in the Schedule. (This agreement applies only to the extent that youperform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the workdescribed in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise dueon such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rightsfrom us