HomeMy WebLinkAboutAVI Systems Inc; 2024-07-03;Alga Norte Meeting Room Page 1 City Attorney Approved 2/13/2024
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
ALGA NORTE MEETING ROOM
This contract is made on the ______________ day of _________________________, 2024 (“Contract”),
by the City of Carlsbad, California, a municipal corporation ("City" or “Customer”) and AVI Systems, Inc., a
North Dakota stock corporation ("Contractor" or “AVI Systems”).
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, as contained in the Standard
Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1
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.
STATUS OF CONTRACTOR. Contractor will perform the work and/or services specified in the Contract
Documents 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 Contract will not be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Contract 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 Contract. At the City’s election, City may deduct the
indemnification amount from any balance owing to Contractor.
SUBCONTRACTING. Contractor will not subcontract any portion of the work and/or services specified in
the Contract Documents without prior written approval of City. If Contractor subcontracts any of the work
and/or 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
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Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Contract 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 Contract applicable to Contractor's work
unless specifically noted to the contrary in the subcontract and approved in writing by City.
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 Mike Lesh (City
Project Manager).
PAYMENT. The total fee payable under this Contract shall not exceed fifty-eight thousand seven hundred
sixty-five dollars and sixty-nine cents ($58,765.69). No other compensation will be allowed except for
items covered by subsequent amendments (if any) to this Contract. The City shall withhold retention as
required by Public Contract Code Section 9203. The Contractor will issue an invoice on a monthly basis for
work completed during the preceding month.
TIME OF PERFORMANCE. Contractor shall commence the work and/or services in the Contract
Documents within thirty (30) business days after receipt of a written notice to proceed via email to
Jake.Cramer@avisystems.com, and agrees to complete the work and/or services within ninety (90)
business days after receipt of the written notice to proceed.
PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work,
including work performed during design and preconstruction such as inspection and land surveying work,
cumulatively exceeding $1,000 and performed under this Contract constitute “public works” under
California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general
prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those
as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of
the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code,
a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/.
Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed
by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with
Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and
certifying payroll records, and making them available for inspection. Contractor shall require any
subcontractors to comply with Labor Code Section 1776.
DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor
or subconsultant performing any public work under this Contract to be currently registered with the
California Department of Industrial Relations (‘DIR’), as specified in Labor Code Section 1725.5. Labor Code
Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage
in the performance of any contract for public work, unless currently registered and qualified to perform
public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any
subcontractor or subconsultant under this Contract, Contractor must furnish the City with the
subcontractor or subconsultant's current DIR registration number.
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CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor’s
vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles
operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets
regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants.
For more information, please visit the CARB Advanced Clean Fleets webpage at
https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION.
Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet
regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations
section 2449 et seq. throughout the term of the Project. More information about the requirements and
Contractor’s required certification is provided in Exhibit D.
CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System.
This project may utilize the Owner’s Procore (www.procore.com) online project management and
document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve
quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-
productive activities, reducing rework and decreasing turnaround times. The Contractor is required to
create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to
become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process
all project documents through Procore because this platform will be used to submit, track, distribute and
collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable
team members shall complete a free training certification course located at
http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining
their own Procore support, as needed, either through the online training or reaching out to the Procore
support team. It will be the responsibility of the Contractor to regularly check Procore and review updated
documents as they are added. There will be no cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient
observations or punch list items. Providing mobile access will improve communication, efficiency, and
productivity for all parties. The use of Procore for project management does not relieve the contractor of
any other requirements as may be specified in the contract documents.
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 Contract 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.
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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 (5) 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: ___________________________________
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. Insurance written on an “occurrence” basis, including personal
& advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
Property Damage Insurance. Insurance in an amount of not less than $2,000,000.
Automobile Liability Insurance. Insurance in the amount of $2,000,000 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.
Additional Insurance Terms. The above policies shall have non-cancellation clauses providing that 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.
David Bunting
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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.
ACCOUNTING RECORDS. Contractor will maintain complete and accurate records with respect to costs
incurred under this Contract. 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 Contract. Contractor will allow inspection of all work, data,
documents, proceedings, and activities related to the Contract for a period of three (3) years from the
date of final payment under this Contract.
INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold
harmless the City and its officers, elected and appointed officials, employees and volunteers from and
against 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. This Contract will be governed by the laws of the State of California regardless of conflict
of laws principles. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this Contract is San Diego County, California.
CONTRACTOR’S INFORMATION.
AVI Systems, Inc 10070 Willow Creek Road
(name of Contractor)
792548
(street address)
San Diego, CA 92131-1623
(Contractor’s license number)
C7-Low Voltage
(city/state/zip)
858-653-4300
(license class. and exp. date)
1000036874
(telephone no.)
858-695-7844
(DIR registration number
6/30/2024
(fax no.)
Jake.Cramer@avisystems.com
(DIR registration number/exp. date) (e-mail address)
SUCCESSORS AND ASSIGNS. It is mutually understood and agreed that this Contract will be binding
upon City and Contractor and their respective successors. Neither this Contract nor any part of it nor any
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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.
AUTHORITY. The individuals executing this Contract 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 Contract.
CONTRACTOR
AVI Systems, Inc.,
a North Dakota Corporation
CITY OF CARLSBAD, a municipal corporation of
the State of California
By: By:
(sign here)IT Director
(print name/title)
By:ATTEST:
SHERRY FREISINGER, City Clerk
(sign here)
By:
(print name/title)Deputy City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a
corporation, Contract 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:
CINDIE K. McMAHON, City Attorney
BY: _____________________________
Deputy City Attorney
David Bunting - Regional Vice President
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EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each subcontractor 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 subcontractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a subcontractor 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
Type of Work
to be
Subcontracted
Business Name and Address DIR Registration No.
& Expiration Date
License No.,
Classification
& Expiration
Date
% of
Total
Contract
None
Total % Subcontracted: ___0%____________
The Contractor must perform no less than 50% of the work with its own forces.
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EXHIBIT B
A. SUMMARY: City of CarlsbadMeeting Room – Alga Norte
[intentionally left blank]
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B. SYSTEM DESCRIPTION:
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Meeting Room (Alga Norte)
Functionality Description: Provide and install a new audiovisual system that will grow with the
City’s needs as their requitements change for the meeting room. The outdated projector and
LCD monitor will be replaced with current technology. A new Epson Laser projector will be
installed in place of the current projector. The addition of new technology like the laser
lighting system will provide a longer life span than the current projector. Upgrading to laser
technology will save the city money and create a return on investment by removing the need
to purchase and store projector lamps. This will also cut down on service calls. A Crestron All in
One Presentation System will be installed in the owner furnished equipment rack. The
Crestron All in One Presentation System will handle all audiovisual routing along with control
of the equipment. A new Crestron 10” touch panel will be installed in place of the existing
touch panel. The meeting room’s speaker system will be reused. The ceiling microphones will
be disconnected and removed from the ceiling. To access the 15’+ ceiling, AVI will provide a
19’ scissor lift, but will require the facilities team from Carlsbad to temporarily remove the
exterior door to allow enough space for the lift to enter the room.
Display:
o 85” Samsung Monitor, QB85R-B
Projector:
Epson Laser Projector, EB-PU1007W
o Epson Wide Throw Lens, ELPLW08
Source Devices:
o Crestron DigitalMedia VGA/HDMI Transmitter, DM-TX-200-C-2G-B-T
o Crestron DigitalMedia HDMI Transmitter, DM-TX-4KZ-100-C-1G-W-T
Audio:
o City Furnished In-Ceiling Speaker System
Switching:
o Crestron All in One Presentation System, DMPS3-4K-350-C
Controls:
o Crestron All in One Presentation System, DMPS3-4K-350-C
o Crestron 10” Touch Panel, TS-1070-W-S
Equipment Location:
o City Furnished Equipment Rack
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EXHIBIT D
In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements
CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply
broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of
equipment used in California. More information about the requirements can be found at
https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation
Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet
regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations
section 2449 et seq. throughout the term of the Project.
The City is a “Public Works Awarding Body,” as that term is defined under Title 13 California Code of
Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract
documents, valid Certificates of Reported Compliance (CRC) for the Contractor’s fleet, and for the fleets of
any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a
valid CRC, will limit the city’s ability to proceed with awarding this Contract.
Contractor has an on-going obligation for term of this Contract to provide copies of Contractor’s, as well
as all listed subcontractors, most recent CRC issued by CARB.
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection
and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet
including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and
any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation
upon two (2) calendar days’ notice from the City.
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EXHIBIT D (CONT.)
IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION
Contractor hereby acknowledges that they have reviewed the CARB’s policies, rules and regulations and are
familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby
certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor’s fleet,
and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of
Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of
the subject vehicles, and reasoning for exemption has been attached hereto.
Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as
defined in the Regulation pursuant to Section 2449.1(f)(3). Contractor shall keep detailed records
describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that
shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4)
because this Project has been deemed an “emergency”, as that term is defined in Section 2449(c)(18).
Contractor shall only operate the exempted vehicles in the emergency situation and records of the
exempted vehicles must be maintained, pursuant to Section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is
attached to this certification.
Name of Contractor: AVI Systems, Inc.
Signature:
Name:
Title:
Date:
David Bunting
06/25/2024
Regional Vice President
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AVI Systems, Inc. Signing Authorization and Delegation of Authority
Pli
October 2019
Your Name:
Employee #
Date:
Branch:
Signing Authorization Form
Pursuant with your responsibilities as , you are hereby delegated the
authority and responsibility to plan for and to manage the businesses and activities assigned to the
position.
Operationally, you are delegated general authority to take actions as you deem necessary to carry out the
responsibilities assigned to you. This authority must be exercised consistent with the objectives of the
approved operating plans, approved department budget, approved salary action plan and policies of the
company.
With regards to commitments, purchases, and other financial obligations, you are authorized up to the
limits determined in Exhibit A - AVI’s Senior Management Signing Authorization.
By signing below, you accept full responsibility for the authorization granted herein and the terms and
conditions stipulated in the Signing Authorization and Delegation of Authority Policy.
Signature
Date Date
COO/Board Secretary
Area Vice Presedent
David W. Bunting
June 10th, 2020
San Diego
COO/Board Secretary:Joel Lehman
6/10/2020 6/10/2020
10576
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AVI Systems, Inc. Signing Authorization and Delegation of Authority
Pli
October 2019
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