HomeMy WebLinkAboutPacific Bell Telephone Company dba AT&T California, AT&T Wholesale, AT&T DataComm; 2021-10-13; PWM22-1564FACDocuSign Envelope ID: EE0C2A9C-AE6A-49ED-9E7F-FD1DDB451344
13th
October
PWM 22-1564FAC
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
TELECOMMUNICATIONS SET UP IN THE EMERGENCY OPERATIONS CENTER (EOC) WING;
CONT. NO. 4719
This RATIFICATION of AGREEMENT is made on the ______ day of
___________ , 2021, but effective as of the 27th day of September, 2021 by the City of
Carlsbad, California, a municipal corporation, (hereinafter called "City"}, and Pacific Bell Telephone
Company dba AT&T California, AT&T Wholesale, AT&T DataComm, a Public corporation whose principal
place of business is 302 S East Street, Crown Point, IN 46307 (hereinafter called "Contractor").
City and Contractor agree as follows:
Notwithstanding anything to the contrary, this Contract is subject to and incorporates by reference the terms
and conditions, including, without limitation, those specifically named sections of that certain State of
California Governor's Office of Emergency Services Contract# 4156-6 (the "State of CA OES Emergency
Services-Contract") between the California Governor's Office of Emergency Services and Pacific Bell
Telephone Company dba AT&T California, AT&T Wholesale, AT&T DataComm ("AT&T), effective as of
April 10, 2017 (as now or hereafter amended, restated or otherwise modified from time to time). Specific
section references to the State of CA OES Emergency Services Contract are to Appendix C "General
Provisions -Information Technology (GSPD -401 IT-09/05/2014).
DESCRIPTION OF WORK. Subject to the terms of the Contract Documents, 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. Subject to the terms of the Contract Documents, 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, including without limitation
those sections of the State of CA OES Emergency Services Contract referenced in this Contract, exhibits
to this Contract, Contractor's Proposal, the Plans and Specifications, 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 except as may be required by
applicable law or when in conflict with a section of the State of CA OES Emergency Services Contract
referenced in this Contract.
LABOR. Contractor shall ensure that an adequate number of qualified personnel, familiar with City's
operations and use of telecommunications services, are available to support City's use of the Services in
accordance with the terms of this Contract. Such personnel shall be qualified with suitable training,
education, experience, competence and skill to ensure that the Services and all support functions are
provided in a workmanlike manner. Contractor will abide by all State laws and City of Carlsbad Ordinances
governing labor, except as may be superseded by Sections 6 and 7 of Appendix C "General Provisions -
Information Technology (GSPD -401 IT-09/05/2014) to the State of CA OES Emergency Services Contract.
GUARANTEE. Contractor agrees to complete the Project in accordance with directions and subject to
inspection approval and acceptance by: Steven Stewart (City Project Manager).
PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203.
WAGE RA TES. 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,
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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.
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 ..
Except to the extent expressly set forth to the contrary in Appendix C "General Provisions -Information
Technology (GSPD -401 IT-09/05/2014) to the State of CA OES Emergency Services Contract, including
in particular Sections 7, 8, 28, and 43, Contractor declines to waive any right it may enjoy to assert any
legal claim through litigation in accordance with applicable law.
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 fro 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 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 as per ISO form CS-00-01 or equivalent providing coverage for
bodily Injuries including accidental death, in an amount of $1,000,000 per occurrence and in the aggregate.
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Commercial General Liability Insurance as per ISO form CS-00-01 or equivalent providing coverage for
bodily Injuries including accidental death, in an amount of $1,000,000 per occurrence and in the aggregate.
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".
Contractor shall provide thirty (30) days written notice to the City of cancellation of any required coverage
that is not replaced.
The policies shall include the City of Carlsbad as an additional insured by endorsement with respect to this
Agreement.
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.
INDEMNITY. All terms and conditions relating to "Indemnity" shall be as set forth in the State of CA OES
Emergency Services Contract, Appendix C "General Provisions -Information Technology (GSPD -401 IT-
09/05/2014), in particular Section 28 "Indemnification." Any reference to "State" in Section 28, for purposes
of this Contract, shall refer to the City of Carlsbad. Section 28 reads as follows:
"The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and
employees from any and all third-party claims, costs (including without limitation reasonable
attorneys' fees), and losses due to the injury or death of any individual, or the loss or damage to
any real or tangible personal property, resulting from the willful misconduct or negligent acts or
omissions of the Contractor or any of its affiliates, agents, subcontractors, employees, suppliers,
or laborers furnishing or supplying work, services, materials, or supplies in connection with the
performance of this Contract. Such defense and payment will be conditional upon the following:
a. The State will notify the Contractor of any such claim in writing and tender the defense thereof
within a reasonable time; and
b. The Contractor will have sole control of the defense of any action on such claim and all
negotiations for its settlement or compromise; provided that (i) when substantial principles of
government or public law are involved, when litigation might create precedent affecting future
State operations or liability, or when involvement of the State is otherwise mandated by law,
the State may participate in such action at its own expense with respect to attorneys' fees and
costs (but not liability); (ii) where a settlement would impose liability on the State, affect
principles of California government or public law, or impact the authority of the State, the
Department of General Services will have the right to approve or disapprove any settlement or
compromise, which approval will not unreasonably be withheld or delayed; and (iii) the State
will reasonably cooperate in the defense and in any related settlement negotiations.
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 agreed to start work on Sept. 27, 2021.
Contractor will be glad to coordinate all its activities on the site with the City, and will endeavor to meet all
mutually agreed commencement and implementation dates; however, Contractor shall not be liable for any
problems caused by force majeure (defined in Section 24 of Appendix C "General Provisions -Information
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to any fault of the City, and/or any contractor or subcontractor employed by the City, or network delays, or
for problems resulting from causes beyond the reasonable control of Contractor.
Completion: Contractor agrees to complete work within three hundred (300) working days after receipt of
Notice to Proceed.
Contractor will be glad to coordinate all its activities on the site with the City, and will endeavor to meet all
mutually agreed commencement and implementation dates; however, Contractor shall not be liable for any
problems caused by force majeure (defined in Section 24 of Appendix C "General Provisions -Information
Technology (GSPD -401 IT-09/05/2014) to the State of CA OES Emergency Services Contract), delays due
to any fault of the City, and/or any contractor or subcontractor employed by the City, or network delays, or
for problems resulting from causes beyond the reasonable control of Contractor.
CONTRACTOR'S INFORMATION.
Pacific Bell Telephone Company dba AT&T
California, AT&T Wholesale,
AT&T DataComm
(name of Contractor)
(Contractor's license number)
{license class. and exp. date)
(DIR registration number)
(DIR registration exp. date)
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Cont. No. 4719 Page 4 of 10
302 S East Street
(street address)
Crown Point, IN 46307
(city/state/zip)
219-213-0376
(telephone no.)
N/A
(fax no.)
kb2193@att.com
(e-mail address)
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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
Pacific Bell Telephone Company dba AT&T
California, AT&T Wholesale, AT&T
DataComm, a Public corporation
By:
(sign here)
. fn-~J
(0lt narj{eititle)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal corporation
of the State of California
Paz Gomez, Deputy City Manager, Public
Works, as authorized by the City Manager
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a
corporation, 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
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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 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).
Notwithstanding anything to the contrary, all terms and conditions relating to the use of subcontractors
shall be as set forth in Appendix C "General Provisions -Information Technology (GSPD -401 IT-
09/05/2014) to the State of CA OES Emergency Services Contract, in particular Sections 12, 16, 24, 28,
and 50.
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Business Name and Address DIR Registration License No., %of
Project to be No. Classification & Total
Subcontracted Expiration Date Contract
NONE
Total % Subcontracted: 0%
The Contractor must perform no less than fifty percent (50%) of the work with its own forces.
Notwithstanding anything to the contrary, all terms and conditions relating to the use of subcontractors
shall be as set forth in Appendix C "General Provisions -Information Technology (GSPD -401 IT-
09/05/2014) to the State of CA OES Emergency Services Contract, in particular Sections 12, 16, 24, 28,
and 50.
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EXHIBITB
AT&T Telecommunications Set Up in EOC Wing
Relocation of console technology to/from conference room and dispatch room.
JOB QUOTATION
ITEM UNIT QTY DESCRIPTION PRICE
NO.
1 Hours 24 Move telecommunication technology for six workstations $3,960
to temporary location to accommodate renovation work.
2 Hours 26 Reinstall telecommunication technology for new $4,290
workstations following renovation work.
TOTAL* $8,260
*Includes taxes, fees, expenses and all other costs.
• Bill will reflect the actual labor hours required to complete the work if more/less than quoted.
• Billing will be adjusted accordingly if technician is kept beyond this estimate, or less time is used.
• Billing will be adjusted if more/less material is required.
Notwithstanding anything to the contrary, all terms and conditions relating to the use of applicability of,
invoicing for, and responsibility with regard to, taxes, fees and surcharges, shall be as set forth in Appendix
C "General Provisions -Information Technology (GSPD -401 IT-09/05/2014) to the State of CA OES
Emergency Services Contract, in particular Sections 13 and 31.
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Exhibit "B" (continued)
ADDS/MOVES/CHANGES
DESCRIPTION AND APPROVAL FORM
DATE: 1/6/2021
PSAP NAME / BILLING TELEPHONE NUMBER: Carlsbad PD/ 858-911-5729
REQUESTED ADD/MOVE/CHANGE:
Cost Estimate for:
Move workstations to temporary location.
REQUESTED SERVICE DATE: TBD
ESTIMATED CHARGES:
Estimated Labor Charges:
$165.00 -per hour
24 hours x $165.00
$300.00 -out of hours additional fee
TOTAL ESTIMATED CHARGES*
$ 3,960.00
$ 0.00
$ 3,960.00
· Estimate is based on 4 hours of labor with 1 technician. Bill will reflect the actual labor hours
required to complete the work if more/less than quoted. I understand this to be a cost estimate,
however, I hereby authorize AT&T to bill BlN directly for all labor and materials required to
complete this move. AT&T will provide me a final price quote when this work is completed.
PSAP/Agency Name/Title NAME AT&T Service Executive
Page 8 of 10
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DATE: 1/6/2021
ADDS/MOVES/CHANGES
DESCRIPTION AND APPROVAL FORM
PSAP NAME/ BILLING TELEPHONE NUMBER: Carlsbad PD / 858-911-5729
REQUESIBD ADD/MOVE/CHANGE:
Cost Estimate for:
Place new cable for workstations and move workstations into remodeled location.
REQUESTED SERVICE DATE: TBD
ESTIMATED CHARGES:
Estimated Labor Charges:
$165.00 -per hour
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Exhibit "B" (continued)
26 hours x $165.00 $ 4,290.00
$300.00 -out of hours additional fee $ 0.00
TOTAL ESTIMATED CHARGES* $ 4,290.00
· Estimate is based on 26 hours oflabor with 4 technicians. Bill will reflect the actual labor hours
required to complete the work if more/less than quoted. I understand this to be a cost estimate,
however, I hereby authorize AT&T to bill BTN directly for all labor and materials required to
complete this move. AT&T will provide me a fmal price quote when this work is completed.
PSAP/Agency Name/Title NAME AT & T Service Executive
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Exhibit "B" (continued)
AT&T 911 Call Handling MAC Quote -PSAP requested activity
Date of request 7/12/2021
PSAP Name including state Carlsbad PD CA
Steven Stewart (760) 317-3508
Local contact name & phone #
2560 Orion Way, Carlsbad, CA 92008-7240
PSAP Address
Move six workstations to a temporary location
while PSAP is remodeled. Once remodeling is
Scope of Work completed the 6 workstations will be installed in
the new location.
ESTIMATED CHARGES:
Estimated Labor Charges ($165.00 -per hour)
SO hours x $165.00 $8,250.00
$8,250.00 TOTAL ESTIMATED CHARGES*
• Estimate is based on 50 hours of labor, 1 technician, during normal business hours.
• Bill will reflect the actual labor hours required to complete the work if more/less than
quoted.
• Billing will be adjusted accordingly if technician is kept beyond this estimate.
• I understand this to be a cost estimate, however, I hereby authorize AT&T to bill directly
for all labor required to complete this request.
AT&T Authorized Signature:
Customer Authorized (please sign):
Printed Name and Title:
Agency Name:
May 2020 AT&T 911 PUBLIC SAFETY
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IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED WHERE REQUIRED
UNDER CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART/FORM
Paragraph 2. of SECTION II -WHO IS AN INSURED is amended to include any person or organization
for whom you have agreed under contract or agreement to provide insurance. However, the insurance
provided shall not exceed the scope of coverage or limits of this policy. Notwithstanding the foregoing
sentence, in no event shall the insurance provided exceed the scope of coverage or limits required by
said contract or agreement.
Where required by contract, we will consider our policy to be primary under any other insurance
maintained by the additional insured for injury or damage covered by this endorsement and that their
policy will be noncontributing with this insurance.
GL 739 006a 0609 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its pennission.
MWZY 313636 21 AT&T Inc. 06/01/2021 - 06/01/2022
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
POLICY NUMBER: MWC313638 21
WC 04 03 06
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform 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 work
described in the Schedule.
The additional premium for this endorsement shall be
otherwise due on such remuneration.
% of the California workers' compensation premium
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
All Persons or Organizations as Required by Written Contract or All locations associated with contract.
Agreement.
DATE OF ISSUE: 06/01/2021
@1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
From the WCIRB's California Workers' Compensation Insurance Forms Manual@ 1999.
MWC313638 21 AT&T Services, Inc. 06/01/2021 -06/01 /2022
IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY -NOTICE OF CANCELLATION PROVIDED BY US
SCHEDULE
Number of Days Notice of Cancellation: 30
Person or Organization:
All persons or organizations as required by written contract or agreement.
Address:
The addresses as specified in the written contracts or agreements.
Provisions
If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a
number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the
person or organization shown in the schedule above. We will mail such notice to the address shown in the
schedule above at least the number of days shown for cancellation in the schedule above before the
effective date of cancellation.
PIL 028 05 10
MWTB 313635 21 AT&T Inc. 06/01/2021 -06/01/2022
IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY -NOTICE OF CANCELLATION PROVIDED BY US
SCHEDULE
Number of Days Notice of Cancellation: 30
Person or Organization:
All persons or organizations as required by written contract or agreement.
Address:
The addresses as specified in the written contracts or agreements.
Provisions
If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a
number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the
person or organization shown in the schedule above. We will mail such notice to the address shown in the
schedule above at least the number of days shown for cancellation in the schedule above before the
effective date of cancellation.
PIL 028 05 10
MWZY 313636 21 AT&T Inc. 06/01/2021 -06/01/2022
OLD REPUBLIC INSURANCE COMPANY
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY POLICY
DESIGNATED ENTITY -NOTICE OF CANCELATION PROVIDED BY US
ENDORSEMENT
SCHEDULE
Number of Days Notice of Cancellation: 30
Person or Organization:
All persons or organizations as required by written contract or agreement.
Address:
The addresses as specified in the written contracts or agreements.
If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a
number of days is shown for cancelation in the schedule above, we will mail notice of cancelation to the
person or organization shown in the schedule above. We will mail such notice to the address shown in the
schedule above at least the number of days shown for cancelation in the schedule above before the
effective date of cancelation.
WC 99 03 65 (03/11)
Page 1 of 1
MWC313638 21 AT&T Services, Inc. 06/01/2021 -06/01/2022