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2024/06/25 City Council Resolution 2024-051 RESOLUTION NO. 2024-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DECLARING AN EMERGENCY PROJECT PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050, AMENDING THE FISCAL YEAR(FY) 2023-24 CAPITAL IMPROVEMENT PLAN TO ADD THE PUBLIC SAFETY ANTENNA AND RADIO SYSTEM REPLACEMENT PROJECT (CIP2412) WITH A PROJECT BUDGET OF $1,500,000.00, APPROVING A BUDGET AMENDMENT TO TRANSFER $1,500,000.00 FROM NON-DEPARTMENTAL OPERATING FUND, EQUIPMENT OVER$5,000 TO THE NEW CIP2412 PROJECT,AND AWARD THE CONSTRUCTION CONTRACT TO DAILEY-WELLS WHEREAS, the City's Public Safety Radio system has critically failed, and Public Safety has recently had incidents of leaving patrol officers without radio communication; and WHEREAS, the failed radio system results in missing important transmissions and making it difficult for dispatch to communicate to staff in the field, creating a direct safety issue to the City's staff and community; and WHEREAS, the City Council approved $1,500,000.00 for replacement of the Public Safety Main antenna and radio system under Non-Departmental Operating Fund — Equipment over$5,000 in the 2023-24 fiscal year; and WHEREAS, compliance with competitive bidding procedures typically takes a number of months and would not allow prompt action to be taken, as required to safeguard the public and City facilities; WHEREAS, this situation has arisen suddenly and unexpectedly, and involves a clear and imminent threat, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, and essential public services; and WHEREAS, section 20168 of the Public Contract Code provides that if there is an emergency, the City Council may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of City funds to safeguard life, health, or property and that upon adoption of such a Resolution, it may expend any sum required in the emergency without complying with the requirements of Public Contract Code Chapter 2.5; and WHEREAS, section 22050 of the California Public Contract Code provides that in cases of emergency and pursuant to a four-fifths vote, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and WHEREAS, Public Contract Code section 22050 further provides that in cases of emergency and pursuant to a four-fifths vote, the City Council may also delegate the authority to procure the necessary equipment, services, and supplies to a specified and appropriate City Manager; 4892-3486-7910 vl WHEREAS, staff recommends declaring a public emergency to implement the Public Safety Antenna and Radio System Replacements Project as expediently as possible; and WHEREAS, this recommended action is consistent with the City's Purchasing Policy, which defers to the Public Contract Code for public projects; and WHEREAS, the FY 2023-24 Capital Improvement Plan (CIP) Budget must be amended to add the new Public Safety Antenna and Radio System Replacements Project (CIP2412) to the 5-year CIP Program, which has money already budgeted; and WHEREAS, the City Council authorizes the City Manager to approve a budget amendment to transfer $1,500,000.00 from the Non-Departmental Operating Fund — Equipment over$5,000 to fund the new CIP2412 project; and WHEREAS, Dailey-Wells provided a scope and fee for equipment purchase and installation of the Public Safety Antenna and Radio System Replacement Project (CIP2412) in the amount of$1,316,180.44; and WHEREAS, Dailey-Wells is the only vendor that provides the specialized radio system equipment that Public Safety Dispatch and the Police Officers use and is the assigned dealer for Sonoma County for the Tait radio infrastructure (repeater and base station for the radio system) and can perform the work immediately; and WHEREAS, staff recommends that the City Council award a sole-source Construction Contract to Dailey-Wells based on the justification that the radio system is a specialized system and they are the only authorized dealer for Sonoma County; and WHEREAS,the California Environmental Quality Act ("CEQA") establishes a statutory exemption for emergency repairs to public service facilities necessary to maintain service, and other specific actions necessary to prevent or mitigate an emergency; and WHEREAS, the Public Safety Antenna and Radio System Replacements Project is a project that is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction without an increase in use), (14 Cal. Code Regis. §§ 15301, 15302). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Council finds, pursuant to Public Contract Code sections 20168 and 22050(a), that based on substantial evidence presented before the City Council, the emergency will not permit a delay resulting from competitive solicitation for bids for the repair of the District's Public Safety Antenna and Radio System, and that this action is necessary to respond to the emergency and to safeguard life and health. BE IT FURTHER RESOLVED that City staff will proceed to obtain all necessary regulatory authorizations for the repair on an expedited basis using all available emergency procedures. BE IT FURTHER RESOLVED that City staff will request all governmental entities with authority over this repair to expedite their consideration of the matter and to use available emergency procedures to ensure that this repair is completed in a timely manner so as to avoid the harms that would result from a catastrophic failure of the system. 4892-3486-7910 vl Resolution 2024-051 Page 2 of 3 BE IT FURTHER RESOLVED that the City Council will review the status of this emergency at each subsequent regular meeting of the City Council and vote to authorize continuation of this Resolution until the emergency action is completed. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park, including Exhibit A. BE IT FURTHER RESOLVED that the City Council does hereby amend the Five- Year CIP and FY 23-24 CIP Budget to add Public Safety Antenna and Radio System Replacements Project (CIP2412) with a project budget of$1,500,000.00 from the Non- Departmental Operating Fund—Equipment over$5,000. BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to make any changes to the FY 2023-24 Budget to enact this amendment. DULY AND REGULARLY ADOPTED this 25th day of June, 2024. CITY OF ROHNERT PARK \ATTEST: Susan H. Adams, Mayor Sylvia Lopez Cueras7etty Clerk PPR VED AS 0 FORM: IA) ichelle M. en on, City Attorney Attachments: Exhibit A "Construction Contract with Dailey Wells" ELANARD:A494RODRIGI'EZ: SANBORN: GIUDICE: ADAMS: : ( C I NOES: ( ) ABSENT: ( ABSTAIN: J Cy� !t,111111 4892-3486-7910 v I Resolution 2024-051 Page 3 of 3 Public Safety Antenna and Radio System Replacement Project City of Rohnert Park Project No. 2024-12 OAK #4822-2061-5061 v2 -1- PUBLIC SAFETY ANTENNA AND RADIO SYSTEM REPLACEMENT PROJECT PROJECT NO. 2024-12 AGREEMENT This Agreement is made this _ day of , 2024 between the City of Rohnert Park (“City”) and Dailey and Wells Communications, Inc., a Texas Corporation, with offices at 3440 E. Houston St., San Antonio, Texas 78219 (“Contractor”), License No. 830673, for the following project (“Project”): Project: Public Safety Antenna and Radio System Replacement Project No. 2024-12 Project Address: 500 City Center Drive, Rohnert Park, CA 94928 SECTION 1 - SCOPE Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work (“Work”), generally described in the Scope of Work attached as Attachment A – Scope of Work. City will provide access to the site and any information in City’s possession to enable Contractor to complete all Work required and outlined in the Scope of Work. City acknowledges that Contractor has requested that City ensure Two 30AMP Circuits are at each radio site, ensure a ground exists at each equipment site less than 5 ohms, and provide any structural analysis that may be required. SECTION 2 - PRICE A. City agrees to pay, and Contractor agrees to accept, the sum of One Million, Three Hundred Sixteen Thousand, One Hundred Eighty Dollars and Forty-Four Cents ($1,316,180.44) (the "Contract Price") subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work. Payments will be made in four (4) separate milestone payments as set forth in Attachment H and agreed upon by both parties, with payment due on all undisputed invoices within 30 days of submission. B. Contractor shall submit a payment application in the amount of the contract sum upon completion of the Work and satisfaction of all conditions of the Contract Documents. All payment applications shall be accompanied by the appropriate waiver and release form as set forth in Civil Code sections 8132, 8134, 8136, or 8138. City shall make payment within 30 days of receipt of application, less five percent retention on projects over $5,000. City shall release the retained funds within 60 days following the completion of the Work in accordance with Public Contract Code section 7107. SECTION 3 - TIME A. Contractor shall commence the Work following City's issuance of the Notice to Proceed. Contractor shall achieve Substantial Completion within 261 working days of issuance of the Notice to Proceed. Contractor shall achieve Final Completion of the Work within 271 working days of issuance of the Notice to Proceed (the "Contract Time"). Public Safety Antenna and Radio System Replacement Project City of Rohnert Park Project No. 2024-12 OAK #4822-2061-5061 v2 -2- B. Time is of the essence of this Agreement. C. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate its work with that of all other contractors, subcontractors and suppliers so as not to delay or damage their performance. D. In the event that Contractor's work is delayed for any reason, including acts of City, Contractor's sole remedy shall be an extension of time equal to the period of delay, provided Contractor has given City written notice of the commencement of delay within 48 hours of its occurrence. SECTION 4 – LIQUIDATED DAMAGES A. As liquidated damages for delay Contractor shall pay City $100 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved (as such may be extended in accordance with the Contract Documents). B. As liquidated damages for delay Contractor shall pay City $100 for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved (as such may be extended in accordance with the Contract Documents). C. Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by City because of a delay in completion of all or any part of the Work. Contractor and City agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by City, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages. D. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. City may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages. SECTION 5 – CARB IN-USE OFF-ROAD DIESEL-FUELD FLEETS A. Contractor shall complete and return the “In-Use Off-Road Diesel-Fueled Fleets Certification” attached hereto as Attachment D to City within fifteen (15) calendar days after this Agreement is fully executed. If Contractor fails to timely do so, City shall have the same rights as if Contractor had breached this Agreement. B. Contractor warrants that it is knowledgeable of and will comply with California Code of Regulations Title 13, Sections 2449, 2449.1, and 2449.2, relating to In-Use Off-Road Diesel- Fueled Fleets (the “Regulations”), issued by the California Air Resources Board (“CARB”) effective October 1, 2023. Public Safety Antenna and Radio System Replacement Project City of Rohnert Park Project No. 2024-12 OAK #4822-2061-5061 v2 -3- C. If Contractor or its listed subcontractors intend to use vehicles subject to the Regulations in its performance under this Agreement, Contractor must obtain copies of the valid Certificates of Reported Compliance, as described in Regulation Section 2449(n), for the fleet, if applicable, prior to entering into a new or renewed contract with that fleet. Contractor shall not enter into a contract with a fleet for which it does not have a valid Certificate of Reported Compliance for the fleet and Contractor’s listed subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet. Contractor shall only allow fleets with valid Certificates of Reported Compliance on Contractor’s job sites. D. The Certificates of Reported Compliance received by the Contractor for this Project must be retained for three (3) years after the Project’s completion. Upon request by CARB, these records must be provided to CARB within five (5) business days of the request. E. Between March 1 and June 1 of each year, Contractor must collect new valid Certificates of Reported Compliance for the current compliance year, as defined in Regulation Section 2449(n), from all fleets that have an ongoing contract with the Contractor as of March 1 of that year. Contractor must not write contracts to evade this requirement. F. If Contractor discovers that any fleet intending to operate vehicles subject to the Regulation for Contractor does not have a valid Certificate of Reported Compliance, as defined in Regulation section 2449(n), or if Contractor observes any noncompliant vehicles subject to the Regulation on Contractor’s job site, then Contractor must report the required information to CARB within the time period contained in in the Regulations. G. Upon request by CARB, Contractor must immediately disclose to CARB the name and contact information of each responsible party for all vehicles subject to the Regulation operating at the job site or for Contractor. H. If applicable, Contractor shall prominently display signage for any project where vehicles subject to the Regulation as provided and within the time period contained in in the Regulation. SECTION 6 – TERMS AND CONDITIONS Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, “Contract Documents”): A. Attachment A – Scope of Work and Fee B. Attachment B – General Conditions C. Attachment C – Insurance D. Attachment D – In-Use Off-Road Diesel-Fueled Fleets Certification E. Attachment E – Performance Bond F. Attachment F – Labor and Materials Payment Bond G. Attachment G – Supplemental Conditions Public Safety Antenna and Radio System Replacement Project City of Rohnert Park Project No. 2024-12 OAK #4822-2061-5061 v2 -4- H. Attachment H – Milestone Payment Schedule The Contract Documents are the sole and exclusive provisions that govern the Work described herein. Any provision contained in any purchase order issued in connection with this Agreement or the Work described herein shall be null and void and shall have no force or effect. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. The parties hereby expressly agree to the use of electronic signatures, which shall be deemed to have the same effect as an original signature. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK DAILEY-WELLS Marcela Piedra, City Manager Date Richard Wells, President Date Per Resolution No. 2024- adopted by the Rohnert Park City Council at its meeting of June 25, 2024. ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: City Attorney Signature on file with City Clerk's Office Public Safety Antenna and Radio System Replacement Project City of Rohnert Park Project No. 2024-12 OAK #4822-2061-5061 v2 -5- ATTACHMENT A SCOPE OF WORK AND FEE Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work (“Work”) generally described as a new turnkey Analog Simulcast 3 site, 2 channel system with 5 position new dispatch consoles, an emergency backup console at Fire Station 2, as well as new state of the art microwave connectivity to the radio sites, as more detailed on the next page: Additionally, Contractor's scope of work includes, but is not limited to, the following: • Provide labor, material and equipment to perform the Work. • Obtain all necessary permits and approvals for the Work. • Protect all materials to be used in the Work in accordance with the specifications. • Protect existing facilities and personal property. • The Contractor shall be responsible for handling its own materials, supplies and equipment. • Coordinate with owner-scheduled events. • The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work. Corporate Headquarters 3440 E. Houston St. San Antonio, Texas 78219 Attachment A - Scope and Fee Subject: Scope of Work Radio Infrastructure Replacement. Dailey-Wells Communications, Inc. (DWC) appreciates the opportunity to provide the City of Rohnert Park a new turnkey Analog Simulcast 3 site 2 channel system with a 5 positions of new dispatch consoles, an emergency backup console at station 2 as well as new state of the art microwave connectivity to your radio sites. Dailey-Wells proposes the following scope of work. · Replacement of Network Connectivity o Install Microwave Link at Water Treatment Plant o Install Microwave Link from Magnolia Park o Use Existing Connectivity at Fire Station 2 o Use existing Connectivity at Rohnert Park Public Safety · Replacement of Antenna Coax and Antennas o Replace Coax and Connectors. Install New Antennas and GPS Antennas at Water Treatment, Magnolia, and Fire Station 2 o Once Antennas are Installed Lines will be swept to make sure everything falls within spec at all 3 sites. · Installation of New Base Stations and Battery Backups o Install 2 New Tait TB9400 Base Stations with Battery Backups at Water Treatment o Install 2 New Tait TB9400 Base Stations with Battery Backups at Magnolia Park o Install 2 New Tait TB9400 Base Stations with Battery Backups at Fire Station 2 · Installation of 5 New Zetron Consoles at Rohnert Park Public Safety Building o Remove and install new dispatch consoles for position 1-4 and add a new position 5 console. o Install 5 backup radios, one per position. o Install new antenna subsystem on the roof of Public Safety Building · Zetron Fire Alerting System o Install New Zetron Fire Alerting HUB at Rohnert Park Public Safety Building. Corporate Headquarters 3440 E. Houston St. San Antonio, Texas 78219 o Interface Fire Alerting System CAD Dump into your current CAD and interface 5 Tone Paging. · Removal of Old Equipment o Dailey Wells will uninstall the old equipment and put it in a mutually agreed location and the City is responsible for removal. · Contractors for Project o Dailey Wells Communications Responsible for the Staging and installation of the RF Equipment and Console Radio Equipment. o LD Strobel will be responsible for the implementation of the Microwave System and Implementation of the new Antennas and Coax. LD Strobel will also check all lines and connectors and provide RF Reports that Dailey Wells will provide the City at the end of the project. o Training for the Consoles – Dailey Wells has contracted Zetron to train your dispatchers. · Note all equipment will be staged and optimized in our staging facility in San Antonio, TX and the City can send a representative to witness the equipment. Any questions regarding the attached scope of work can be directed to Michael Priolo, Director - Major Accounts at (213) 810-6113, (mpriolo@dwcomm.com). Best Regards, Mike Priolo - Dailey & Wells Communications, Inc. Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project May 9 2024 City of Rohnert Park - Radio System & Dispatch Upgrade Project ITEM PART (MODEL) NO. DESCRIPTION QTY UNIT PRICE EXTND PRICE 10 905-0581 MAX Standard Workstation Bundle Position Includes: 1 Operator Workstation PC, 1 Media Dock, 2 Speakers, power supply, Licenses Sold Separately. Requires: (1) 930-0240 MAX Dispatch Base Software License. All manuals are included in soft copy format with the MAX Software. This BOM contains Sub-Items: 20 through 120 5 $ 7,663.60 $ 38,318.00 20 415-0219-1 - Zetron Mouse Pad 5 30 416-0012 - AC Power Cord (North America) 5 40 421-0286 - Speaker Label Set 5 50 709-0170-10F - 10 ft Shielded Cat5e Cable for Speakers 10 60 802-0692 - Power Supply, Desktop 60W 5 70 802-0756 - Optical Mouse, Waterproof Antimicrobial 5 80 802-5065 - Computer, DELL XE3, SFF, W10PRO, NVMe SSD 5 90 901-9691 - Media Dock XS 5 100 950-1200 - Media Dock XS Under Desk Top Mounting Kit 5 110 950-1405 - Amplified 5W Speaker V2 Assembly 10 120 802-5086 - Computer,Dell OPTIPLEX XE4 SFF 5 Subtotal Workstation Bundle: $ 38,318.00 MAX Operator Workstation Software Licenses This BOM contains Items: 130 through 170 130 930-0222 Individual Call Software Feature Set Includes: Individual radio call, Call Alert, Radio Check, Radio Monitor, Inhibit, Uninhibit 5 $ 1,126.25 $ 5,631.25 140 930-0224 Tone Signaling/Paging Feature Set Includes: Manual Paging Operation, Instant Call Stacked Paging, 2-tone 100, 1000, Custom Calls (Mot & GE), Quick Call (2+2), DTMF, Knox 5 $ 1,689.80 $ 8,449.00 150 930-0225 Event Replay Short term audio playback at the console position. 5 $ 1,915.05 $ 9,575.25 160 930-0226 MAX Dispatch Aux I/O Console Feature Set 5 $ 1,689.80 $ 8,449.00 170 930-0240 MAX Dispatch Base Software License 5 $ 5,248.75 $ 26,243.75 Subtotal Workstation Licenses: $ 58,348.25 Workstation Hardware Options This BOM contains Items: 180 through 230 180 950-0032 Headset, 6-Wire with PTT, Noise Cancelling Dual-prong adapter which includes one headset top. 5 $ 444.55 $ 2,222.75 190 802-0115 Headset Top, Noise Cancelling 5 $ 140.25 $ 701.25 200 950-1077 Dual Prong Headset Jackbox Option; Dual Volume Control Needed for TRHI functionality 5 $ 888.25 $ 4,441.25 210 901-9731 Desktop Microphone, with 6' RJ45 to RJ45 Cable 5 $ 1,306.45 $ 6,532.25 220 950-9102 Footswitch, Single with 10' cable 5 $ 270.30 $ 1,351.50 230 709-0170-10F 10 ft Shielded Cat5e Cable for Speakers 5 $ 24.30 $ 121.50 Subtotal Hardware Options: $ 15,370.50 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 MAX Radio Gateway Interface & Options This BOM contains Items: 240 & 250 240 901-9675 MAX Radio Gateway Conventional (DB15) Hardware This hardware variant is used when the radio is co-located with the MAX Radio Gateway and the cable can run directly from the unit to the radio itself. This device supports 2 radio connections. Includes one 10' shielded Cat 5e cable. 1 $ 4,340.70 $ 4,340.70 250 709-7968-20F MAX Radio Gateway to Tail Cable (20ft) 2 $ 99.00 $ 198.00 Subtotal Radio Gateway: $ 4,538.70 MAX Digital Radio Gateway Interface & Options This BOM contains Items: 260 & 270 260 901-9725 MAX Digital Radio Gateway This Radio Gateway hardware model is used when interfacing via IP directly to a NEXEDGE DMR, or P25 DFSI System. 3 $ 3,649.05 $ 10,947.15 270 930-0270 P25 DFSI Interface License A license is required for each DFSI Talkpath being monitored at the console. 3 $ 1,126.25 $ 3,378.75 280 930-0444 DFSI 2-Tone Paging on P25 via the DRG 3 $ 333.90 $ 1,001.70 Subtotal Digital Gateway: $ 15,327.60 MAX System Hardware/Software This BOM contains Items: 280 through 360 290 901-9740 MAX Central MAX Central is the hardware platform that hosts the MAX Manager, Telephony Gateway, IP Voice Logger Gateway, and the Aux I/O Gateway. Includes five 10' shielded Cat 5e cables. 3 $ 4,144.60 $ 12,433.80 300 930-0231 Z-Node Manager At least 1 Z-Node Manager is required for each system. 2 $ 3,491.80 $ 6,983.60 310 930-0376 Block of 2 Radio Channel Licenses 2 $ 270.30 $ 540.60 320 930-0237 IP Voice Logger Channel Block License Provides IP Logging Access for up to 10 Radio Channels. May require additional Centrals. 1 $ 518.50 $ 518.50 330 930-0239 Aux I/O Port License - 48 Ports (Supports any combination of Inputs and Outputs up to 48) 1 $ 991.10 $ 991.10 340 802-2117 Acromag Ethernet I/O Unit 32 Optically Isolated Inputs, 16 Relay Outputs (250 VAC@ 2A) 18 to 36 VDC, Power Supply Not Included. IMPORTANT! Order additional 802-0255 Power Supply when step up voltage is necessary, refer to Acromag manual for specifications & requirements. 1 $ 2,182.50 $ 2,182.50 350 950-1347 Network Isolation Switch Must be used with P/N 802-2117 1 $ 225.00 $ 225.00 360 802-0255 Power Supply for 802-2117 Acromag Ethernet Unit 1 $ 45.00 $ 45.00 370 395-0135 MAX Dispatch Software 1 $ 81.00 $ 81.00 Subtotal MAX System: $ 24,001.10 Rack Mounting & Power Equipment This BOM contains Items: 370 through 410 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 380 950-1142 Redundant 12VDC Power System - Up to 20 Devices This is a redundant power supply that can support up to 20 MAX Dispatch devices. Includes 19" rack mount enclosure. 1 $ 2,981.70 $ 2,981.70 390 950-1134 12VDC Power Distribution Panel Can support up to 40 MAX Dispatch devices. Fuses not included. 1 $ 549.00 $ 549.00 400 416-0043 Fuse, 3 Amp 10 $ 24.30 $ 243.00 410 950-0588 Dual Unit Rack Mount Option 3 $ 215.10 $ 645.30 420 810-0142 19" Rack 2U Shelf 1 $ 95.40 $ 95.40 Subtotal Rack & Power: $ 4,514.40 Monitors & Network Equipment This BOM contains Items: 420 & 430 430 802-2311 23" Widescreen LCD Monitor Supports up to 1920x1080 resolution. 5 $ 322.20 $ 1,611.00 440 950-1461 MAX Disp 24-Port (Non- POE) Managed Gigabit Switch Two required for high availability network. 2 $ 765.00 $ 1,530.00 Subtotal Monitors & Network: $ 3,141.00 Product Service Plans This BOM contains Items: 440 & 450 450 XMP-0344-EBS-4 MAX-PSP Extended Serv Plan (4YR) 5 $ 6,840.00 $ 34,200.00 460 XMP-0344-RCS MAX-PSP Remote Configuration Services Systems & CSSI Remote assistance for initial system configuration. Additional remote and/or on-site configuration may be necessary based on design and project complexity. 1 $ 5,830.00 $ 5,830.00 Subtotal Service Plans: $ 40,030.00 Product Warranty Package This BOM contains Item: 460 470 XMP-0344-BAS MAX-PSP Base Service Plan 1 year Software Services, 1 year Hardware Services, 1 year of Advance Hardware replacement, Operator web training (2-4 hr sessions) and 1 year membership in the Zetron MAX Users Group 5 $ 1.00 $ 5.00 Subtotal Warranty Package: $ 5.00 Zetron Fire Alerting - HARDWARE - Fire Station (Optional) This BOM contains Sub-Item: 470 through 560 480 950-1420 LED Firehouse Display - Monochrome 33" x 4" Includes one MOXA Box. Mandatory add-on is TTS p/n either basic or premium. Reseller to source firehouse mounting hardware. 950-1424 MAX FSA LED Firehouse Display Power Supply not included 0 $ 2,531.25 $ - 490 950-1424 MAX FSA LED Firehouse Display Power Supply 0 $ 40.50 $ - 500 709-8117-20F FSA Reader Board Serial Cable (CAT5 to RS485), 20 FT 0 $ 99.00 $ - 510 802-0720 FSA Reader Board Rear-mount Metal Brackets (most common use case) Sold as a pair because each sign generally requires 2 brackets for mounting. 0 $ 67.50 $ - 520 905-0536 MAX Fire Station Gateway 0 $ 2,793.10 $ - Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 520 802-5036 8 Port POE Managed Switch 0 $ 330.30 $ - 530 709-7968-20F MAX Radio Gateway to Tail Cable (20ft) 0 $ 81.00 $ - 540 802-1111 Acromag Ethernet I/O Unit 16 Discrete I/O Channels - Any mix of Inputs and Outputs 12 - 32 VDC Note: Programming performed with common USB mini B cable (not supplied) and the no charge downloadable software from Acromag website (registration req'd). Acromag sells an optional programming kit XT-SIP. 0 $ 630.00 $ - 550 802-2117 Acromag Ethernet I/O Unit 32 Optically Isolated Inputs, 16 Relay Outputs (250 VAC@ 2A) 18 to 36 VDC, Power Supply Not Included. IMPORTANT! Order additional 802-0255 Power Supply when step up voltage is necessary, refer to Acromag manual for specifications & requirements. 0 $ 2,265.30 $ - 560 950-1347 Network Isolation Switch Must be used with P/N 802-2117 0 $ 238.50 $ - 570 802-0255 Power Supply for 802-2117 Acromag Ethernet Unit 0 $ 47.70 $ - Subtotal Fire Alerting: $ - HARDWARE - Dispatch Center This BOM contains Items: 570 & 580 580 901-9740 MAX Central MAX Central is the hardware platform that hosts the MAX Manager, Telephony Gateway, IP Voice Logger Gateway, and the Aux I/O Gateway. Includes five 10' shielded Cat 5e cables. 1 $ 3,726.00 $ 3,726.00 590 901-9738 MAX Central Portal Host 1 $ 3,179.07 $ 3,179.07 Subtotal Dispatch Center Hardware: $ 6,905.07 SOFTWARE This BOM contains Items: 590 through 630 600 930-0412 TTS - Text Gateway Premium License For use with upgrades to TTS from basic MAX FSA CAD API installations; includes SW as found in PN 681-0128 Premium ReadSpeaker Text to Voice multi-fonts w/out any PLA 1 $ 8,343.00 $ 8,343.00 610 950-1363 MAX Dispatch & MAX FSA Stacked Actions Feature License One License Per Console (formerly Multi- Function Button Software Kit) 5 $ 1,693.80 $ 8,469.00 620 930-0231 Z-Node Manager At least 1 Z-Node Manager is required for each system. 1 $ 3,138.75 $ 3,138.75 630 930-0233 MAX Portal Remote Radio or Console License 3 $ 202.50 $ 607.50 630 930-0446 MAX FSA Connection License per Fire Station Enter quantity of fire stations for PSP calculation of Price List PN XMP-0359-EBS 3 $ 0.81 $ 2.43 640 950-1435 MAX FSA Standard Software 5 $ 5,032.80 $ 25,164.00 Subtotal Software: $ 45,724.68 MAINTENANCE - Product Service Plans This BOM contains Sub-Item: 640 & 650 650 XMP-0359-BAS MAX FSA-PSP Base Service Plan 1 year Software Services, 1 year Hardware Services, 1 year of Advance Hardware replacement, Operator web training (2-4 hr sessions) and 1 year membership in the Zetron MAX Users Group 3 $ 0.81 $ 2.43 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 660 XMP-0359-EBS-4 MAX FSA-PSP Extended Serv Plan (4YR) 3 $ 4,950.00 $ 14,850.00 Subtotal Maintenance: $ 14,852.43 Command IQ - MAX Compact 630 950-1445 Command IQ Compact Workstation 1 $ 9,933.95 $ 9,933.95 640 930-0406 Command IQ Individual Call SW Feature Set 1 $ 518.50 $ 518.50 650 930-0408 Command IQ Signaling/Paging Feature Set 1 $ 765.85 $ 765.85 660 930-0409 Command IQ I/O SW Feature License 1 $ 765.85 $ 765.85 670 901-9731 Desktop Microphone, with 6" RJ45 to RJ45 1 $ 1,306.45 $ 1,306.45 680 950-9102 Footswitch, Single with 10' cable 1 $ 270.30 $ 270.30 690 027-0204 CommandIQ Quick Start Card 1 $ 14.00 $ 14.00 Subtotal Network Equipment: $ 13,574.90 Network Equipment 700 VS-CR3D FIREWALL,FPR1010, WITH ANYCONNECT 1 $ 3,790.50 $ 3,790.50 710 VS-CR1Y ROUTER,ISR,C1111-4P,SEC 2 $ 2,945.00 $ 5,890.00 720 VS-MN3X KIT, C1111 ROUTER SITE MTG 2 $ 148.20 $ 296.40 730 VS-CU8Z SWITCH,SMARTNET,C1000-16T-E-2G-L 5 $ 1,567.50 $ 7,837.50 740 VS-CU7Y MODULE,SFP GBIC 10 $ 475.00 $ 4,750.00 Subtotal Network Equipment: $ 22,564.40 Rack Equipment 750 SR4POST Tripp Lite 45U 4-Post Open Rack 2 $ 690.02 $ 1,380.05 760 16351-719 Chatsworth Heavy Duty Fixed Shelf Black; 1.75"H x 19"W x 29"D 1 $ 165.36 $ 165.36 770 SRSHELF2P Tripp Lite 2U Cantilever Fixed Shelf 7 $ 101.30 $ 709.12 Subtotal Rack Equipment: $ 2,254.53 Backup All-Band Radios XL-200M Full Spectrum Mobile Radios (Qty. 9) 780 XZ-MPM1M MOBILE, XL-200M, MULTIBAND 9 $ 2,670.50 $ 24,034.50 790 XZ-PL4J FEATURE, VHF BAND 9 $ 385.00 $ 3,465.00 800 XZ-PL4K FEATURE, UHF BAND 9 $ 385.00 $ 3,465.00 810 XZ-PL4L FEATURE, 700/800 MHZ BAND 9 $ 385.00 $ 3,465.00 820 XZ-PKG8F FEATURE, 256-AES, 64-DES ENCRYPTION 9 $ 525.00 $ 4,725.00 830 XZ-CP6A CONTROL UNIT, XL-CH 9 $ 1,155.00 $ 10,395.00 840 XZ-MA4A KIT, MOUNTING XL-MOBILE UNIVERSAL 9 $ 346.50 $ 3,118.50 850 XZ-CA6H CABLE, XL-MOBILE, ACCESSORY 9 $ 136.50 $ 1,228.50 860 XZ-Y3EWP SERVICE ASSIST,EXT WARRANTY 3 YR, XL200M 9 $ 200.00 $ 1,800.00 870 ANT-SUBSYS Antenna Subsys., Combiner, RXMC, Antennas, Cabling 1 $ 22,500.00 $ 22,500.00 Subtotal Backup Radios: $ 78,196.50 PD Radio - XL-185M VHF Mobile Radio (Qty. 1) 880 XT-MPS1M MOBILE, XL-185M, SINGLE BAND 1 $ 2,823.10 $ 2,823.10 890 XT-Y3EWP WARRANTY, EXTENDED, 3 YR, MOBILE 1 $ 200.00 $ 200.00 900 XT-PL9E FEATURE, SINGLE-KEY AES ENCRYPTIO 1 $ 0.01 $ 0.01 910 XT-PL4U FEATURE, SINGLE-KEY DES ENCRYPTIO 1 $ 0.01 $ 0.01 920 XT-PL8Y FEATURE, ENCRYPTION LITE 1 $ 0.01 $ 0.01 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 930 XT-PL4J FEATURE, SINGLE BAND, VHF 1 $ 0.01 $ 0.01 940 XT-PL9U FEATURE, XL-LINK 1 $ 92.50 $ 92.50 950 XT-MA4A KIT, MOUNTING XL-MOBILE UNIVERSAL 1 $ 366.30 $ 366.30 960 XT-CP6A CONTROL UNIT, XL-CH 1 $ 1,221.00 $ 1,221.00 970 XZ-MC6A MICROPHONE, XL, STANDARD MOBILE 1 $ 77.70 $ 77.70 Subtotal VHF Radio: $ 4,780.63 DC Power Distribution (9 Radios); 135 AMP, 12 VDC 980 ICT1600-12SBC 12V 120A 1RU Power Supply w/TCP/IP Eth, BBU, LVD 2 $ 1,760.00 $ 3,520.00 990 ICT180S-12 12/24 Vdc Distribution Panel, Standard 2 $ 355.00 $ 710.00 1000 DWCDCPWRKIT300 Fuses, Wire, Terminals, Molex connectors and pins 2 $ 300.00 $ 600.00 1010 12V190F ENERSYS POWERSAFE 12V190F BATTERY 12V 190AH FRONT TERMINAL 2 $ 1,066.95 $ 2,133.90 1020 DWCBATPWRKIT250 Battery Cables, Fuse, Fuse Retainer, Terminals 2 $ 250.00 $ 500.00 Subtotal DC Power Distribution: $ 7,463.90 Water Treament Plant (WTP) - VHF Antenna Subsystem 1030 SPD3400A-VDUP VHF DUPLEXER System 1 $ 19,669.20 $ 19,669.20 1040 DS1F00P36D-D Dual unity Gain VHF (150-164 MHz) Omni Antenna , PIM rated, DIN Connector 1 $ 2,730.60 $ 2,730.60 1050 NF-LCF12-D01 N (F) for 1/2" Hardline 2 $ 28.42 $ 56.85 1060 NM-LCF12-D01 N (M) for 1/2" Hardline 2 $ 28.44 $ 56.89 1070 GKFORM60-12 Grounding Kit for 1/2" Coax 6 $ 32.65 $ 195.91 1080 HOIST1-12L Hoisting Grips for 1/2" Coax 6 $ 27.14 $ 162.85 1090 LCF12-50J-P7 1/2" hardline 400 $ 2.04 $ 817.00 1100 IS-50NX-C2-MA Polyphaser Flange Mount, N/M-N/F, 125-1000 MHz 2 $ 87.39 $ 174.78 1110 LMR-400 3/8in LMR400 Coaxial Cable 50 $ 1.54 $ 76.95 1120 EZ-400-NMH-X N Male Hex/Knurl Combo No Braid Trim LMR400 4 $ 14.83 $ 59.32 Subtotal WTP VHF Antenna Subsystem: $ 24,000.34 WTP - Tait Components 1130 TB9435S-100T TB9435 Single 100Watts Chassis Assembly 2 $ 1,096.20 $ 2,192.40 1140 T01-01103-BAAA TB94 Rctr 136-174MHz S2 2 $ 2,212.70 $ 4,425.40 1150 T01-01121-BBBA TB94 Linear PA 136-174M 100W 2 $ 2,212.70 $ 4,425.40 1160 TBA30A4-4400 TB8000/9000 Power Management Unit ACDC48 aux48 2 $ 2,144.10 $ 4,288.20 1170 219-01561-00 CBL cord 2m USA IEC blk 2 $ 11.20 $ 22.40 1180 TBAS073 SFE Key – TaskBuilder 2 $ 161.70 $ 323.40 1190 TBAS060 SFE Key - Digital Fixed Station Interface (91/94) 2 $ 448.70 $ 897.40 1200 TBAS062 SFE Key - Simulcast Enable Phase I (91/94) 2 $ 4,054.40 $ 8,108.80 1210 TBAS061 SFE Key - Central Voter (91/94) 2 $ 4,137.00 $ 8,274.00 Subtotal WTP Tait Components: $ 32,957.40 WTP - GPS Equipment 1220 EA-555027-002 Oscillator, SecureSync, RB, Master, DC 1 $ 21,776.00 $ 21,776.00 1230 SA-KRE1011217/02 GPS ANT,1574-1606MHz,W/MNT, 50' CABLE, SURGE 1 $ 1,023.50 $ 1,023.50 Subtotal WTP GPS Equipment: $ 22,799.50 WTP - DC Power Distribution 1240 CMDR II 48V DC Power Distribution with 100 Ah Battery String 1 $ 21,265.75 $ 21,265.75 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 1250 DWCDCPWRKIT300 Fuses, Wire, Terminals, Molex connectors and pins 1 $ 300.00 $ 300.00 Subtotal WTP DC Power: $ 21,565.75 WTP - Network Equipment 1260 VS-CR1Y ROUTER,ISR,C1111-4P,SEC 1 $ 3,100.00 $ 3,100.00 1270 VS-MN3X KIT, C1111 ROUTER SITE MTG 1 $ 156.00 $ 156.00 1280 VS-CJ4J POWER SUPPLY, CUI, DC-DC CONV,C1111 1 $ 490.00 $ 490.00 1290 VS-CU8Z SWITCH,SMARTNET,C1000-16T-E-2G-L 1 $ 1,650.00 $ 1,650.00 1300 VS-CU7Y MODULE,SFP GBIC 1 $ 500.00 $ 500.00 1310 VS-CJ4J POWER SUPPLY, CUI, DC-DC CONV,C1111 1 $ 490.00 $ 490.00 Subtotal WTP Network Equipment: $ 6,386.00 WTP - Rack Equipment 1320 SR4POST Tripp Lite 45U 4-Post Open Rack 1 $ 726.34 $ 726.34 1330 16351-719 Chatsworth Heavy Duty Fixed Shelf Black; 1.75"H x 19"W x 29"D 1 $ 165.36 $ 165.36 1340 SRSHELF2P Tripp Lite 2U Cantilever Fixed Shelf 2 $ 100.30 $ 200.60 Subtotal WTP Rack: $ 1,092.30 Magnolia Park - VHF Antenna Subsystem 1350 SPD3400A-VDUP VHF DUPLEXER System 1 $ 19,669.20 $ 19,669.20 1360 DS1F00P36D-D Dual unity Gain VHF (150-164 MHz) Omni Antenna , PIM rated, DIN Connector 1 $ 2,730.60 $ 2,730.60 1370 NF-LCF12-D01 N (F) for 1/2" Hardline 2 $ 28.42 $ 56.85 1380 NM-LCF12-D01 N (M) for 1/2" Hardline 2 $ 28.44 $ 56.89 1390 GKFORM60-12 Grounding Kit for 1/2" Coax 6 $ 32.65 $ 195.91 1400 HOIST1-12L Hoisting Grips for 1/2" Coax 6 $ 27.14 $ 162.85 1410 LCF12-50J-P7 1/2" hardline 400 $ 2.04 $ 817.00 1420 IS-50NX-C2-MA Polyphaser Flange Mount, N/M-N/F, 125-1000 MHz 2 $ 87.39 $ 174.78 1430 LMR-400 3/8in LMR400 Coaxial Cable 50 $ 1.54 $ 76.95 1440 EZ-400-NMH-X N Male Hex/Knurl Combo No Braid Trim LMR400 4 $ 14.83 $ 59.32 Subtotal Magnolia Park VHF Antenna Subsystem: $ 24,000.34 Magnolia Park - Tait Components 1450 TB9435S-100T TB9435 Single 100Watts Chassis Assembly 2 $ 1,096.20 $ 2,192.40 1460 T01-01103-BAAA TB94 Rctr 136-174MHz S2 2 $ 2,212.70 $ 4,425.40 1470 T01-01121-BBBA TB94 Linear PA 136-174M 100W 2 $ 2,212.70 $ 4,425.40 1480 TBA30A4-4400 TB8000/9000 Power Management Unit ACDC48 aux48 2 $ 2,144.10 $ 4,288.20 1490 219-01561-00 CBL cord 2m USA IEC blk 2 $ 11.20 $ 22.40 1500 TBAS073 SFE Key – TaskBuilder 2 $ 161.70 $ 323.40 1510 TBAS060 SFE Key - Digital Fixed Station Interface (91/94) 2 $ 448.70 $ 897.40 1520 TBAS062 SFE Key - Simulcast Enable Phase I (91/94) 2 $ 4,054.40 $ 8,108.80 1530 TBAS061 SFE Key - Central Voter (91/94) 2 $ 4,137.00 $ 8,274.00 Subtotal Magnolia Park Tait Components: $ 32,957.40 Magnolia Park - GPS Equipment 1540 EA-555027-002 Oscillator, SecureSync, RB, Master, DC 1 $ 20,687.20 $ 20,687.20 1550 SA-KRE1011217/02 GPS ANT,1574-1606MHz,W/MNT, 50' CABLE, SURGE 1 $ 1,023.50 $ 1,023.50 Subtotal Magnolia Park GPS Equipment: $ 21,710.70 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 Magnolia Park - DC Power Distribution 1560 CMDR II 48V DC Power Distribution with 100 Ah Battery String 1 $ 21,265.75 $ 21,265.75 1570 DWCDCPWRKIT300 Fuses, Wire, Terminals, Molex connectors and pins 1 $ 300.00 $ 300.00 Subtotal Magnolia Park DC Power: $ 21,565.75 Magnolia Park - Network Equipment 1580 VS-CR1Y ROUTER,ISR,C1111-4P,SEC 1 $ 2,945.00 $ 2,945.00 1590 VS-MN3X KIT, C1111 ROUTER SITE MTG 1 $ 148.20 $ 148.20 1600 VS-CJ4J POWER SUPPLY, CUI, DC-DC CONV,C1111 1 $ 490.00 $ 490.00 1610 VS-CU8Z SWITCH,SMARTNET,C1000-16T-E-2G-L 2 $ 1,567.50 $ 3,135.00 1620 VS-CU7Y MODULE,SFP GBIC 1 $ 475.00 $ 475.00 1630 VS-CJ4J POWER SUPPLY, CUI, DC-DC CONV,C1111 1 $ 490.00 $ 490.00 Subtotal Magnolia Park Network Equipment: $ 7,683.20 Magnolia Park - Rack Equipment 1640 SR4POST Tripp Lite 45U 4-Post Open Rack 1 $ 690.02 $ 690.02 1650 16351-719 Chatsworth Heavy Duty Fixed Shelf Black; 1.75"H x 19"W x 29"D 1 $ 157.09 $ 157.09 1660 SRSHELF2P Tripp Lite 2U Cantilever Fixed Shelf 2 $ 95.29 $ 190.57 Subtotal Magnolia Park Rack: $ 1,037.69 Country Club (CC) - VHF Antenna Subsystem 1670 SPD3400A-VDUP VHF DUPLEXER System 1 $ 19,669.20 $ 19,669.20 1680 DS1F00P36D-D Dual unity Gain VHF (150-164 MHz) Omni Antenna , PIM rated, DIN Connector 1 $ 2,730.60 $ 2,730.60 1690 NF-LCF12-D01 N (F) for 1/2" Hardline 2 $ 28.42 $ 56.85 1700 NM-LCF12-D01 N (M) for 1/2" Hardline 2 $ 28.44 $ 56.89 1710 GKFORM60-12 Grounding Kit for 1/2" Coax 6 $ 32.65 $ 195.91 1720 HOIST1-12L Hoisting Grips for 1/2" Coax 6 $ 27.14 $ 162.85 1730 LCF12-50J-P7 1/2" hardline 400 $ 2.04 $ 817.00 1740 IS-50NX-C2-MA Polyphaser Flange Mount, N/M-N/F, 125-1000 MHz 2 $ 87.39 $ 174.78 1750 LMR-400 3/8in LMR400 Coaxial Cable 50 $ 1.54 $ 76.95 1760 EZ-400-NMH-X N Male Hex/Knurl Combo No Braid Trim LMR400 4 $ 14.83 $ 59.32 Subtotal CC VHF Antenna Subsystem: $ 24,000.34 CC Tait Components 1770 TB9435S-100T TB9435 Single 100Watts Chassis Assembly 2 $ 1,096.20 $ 2,192.40 1780 T01-01103-BAAA TB94 Rctr 136-174MHz S2 2 $ 2,212.70 $ 4,425.40 1790 T01-01121-BBBA TB94 Linear PA 136-174M 100W 2 $ 2,212.70 $ 4,425.40 1800 TBA30A4-4400 TB8000/9000 Power Management Unit ACDC48 aux48 2 $ 2,144.10 $ 4,288.20 1810 219-01561-00 CBL cord 2m USA IEC blk 2 $ 11.20 $ 22.40 1820 TBAS073 SFE Key – TaskBuilder 2 $ 161.70 $ 323.40 1830 TBAS060 SFE Key - Digital Fixed Station Interface (91/94) 2 $ 448.70 $ 897.40 1840 TBAS062 SFE Key - Simulcast Enable Phase I (91/94) 2 $ 4,054.40 $ 8,108.80 1850 TBAS061 SFE Key - Central Voter (91/94) 2 $ 4,137.00 $ 8,274.00 Subtotal CC Tait Components: $ 32,957.40 CC GPS Equipment 1850 EA-555027-002 Oscillator, SecureSync, RB, Master, DC 1 $ 20,687.20 $ 20,687.20 Company Confidential Dailey and Wells Communications, Inc. Rohnert Park Radio System Project March 15, 2024 1860 SA-KRE1011217/02 GPS ANT,1574-1606MHz,W/MNT, 50' CABLE, SURGE 1 $ 1,023.50 $ 1,023.50 Subtotal CC GPS Equipment: $ 21,710.70 CC DC Power Distribution 1870 CMDR II 48V DC Power Distribution with 100 Ah Battery String 1 $ 21,265.75 $ 21,265.75 1880 DWCDCPWRKIT300 Fuses, Wire, Terminals, Molex connectors and pins 1 $ 300.00 $ 300.00 Subtotal CC DC Power Distribution: $ 21,565.75 CC Network Equipment 1890 VS-CR1Y ROUTER,ISR,C1111-4P,SEC 1 $ 2,945.00 $ 2,945.00 1900 VS-MN3X KIT, C1111 ROUTER SITE MTG 1 $ 148.20 $ 148.20 1910 VS-CJ4J POWER SUPPLY, CUI, DC-DC CONV,C1111 1 $ 490.00 $ 490.00 1920 VS-CU8Z SWITCH,SMARTNET,C1000-16T-E-2G-L 2 $ 1,567.50 $ 3,135.00 1930 VS-CU7Y MODULE,SFP GBIC 1 $ 475.00 $ 475.00 1940 VS-CJ4J POWER SUPPLY, CUI, DC-DC CONV,C1111 1 $ 490.00 $ 490.00 Subtotal CC Network Equipment: $ 7,683.20 CC Rack Equipment 1950 SR4POST Tripp Lite 45U 4-Post Open Rack 1 $ 690.02 $ 690.02 1960 16351-719 Chatsworth Heavy Duty Fixed Shelf Black; 1.75"H x 19"W x 29"D 1 $ 157.09 $ 157.09 1970 SRSHELF2P Tripp Lite 2U Cantilever Fixed Shelf 2 $ 95.29 $ 190.57 Subtotal CC Rack Equipment: $ 1,037.69 SIAE Microwave System - Universal Aggregation Platform (AGS20) 1980 AGS20/ASNK 18 Ghz ODU & IDU 1+1 MHSB 1 $ 172,383.83 $ 172,383.83 Subtotal Microwave System: $ 172,383.83 Professional Implementation Services 1990 SSE/SIS-DWC System Staging Event (w/Customer Witnessing) and System Installation Services (Lot) 1 $ 191,000.00 $ 191,000.00 2000 BU-RADIO-ANT-IS-DWC B/U Radio - Antenna Subsystem Installation 1 $ 24,000.00 $ 24,000.00 2010 WTP-ANT-IS-DWC WTP - Antenna Subsystem Installation 1 $ 44,305.80 $ 44,305.80 2020 SM-ANT-IS-DWC Magnolia Park - Antenna Subsystem Installation 1 $ 52,787.00 $ 52,787.00 2030 CC-ANT-IS-DWC Country Club - Antenna Subsystem Installation 1 $ 35,966.80 $ 35,966.80 Subtotal Implementation Services: $ 348,059.60 Subtotal Equipment & Materials: $ 885,431.96 Tax (9.0%): $ 79,688.88 Subtotal Implementation Services: $ 348,059.60 Shipping/Freight: $ 3,000.00 TOTAL PROJECT: $ 1,316,180.44 Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -17- ATTACHMENT B GENERAL CONDITIONS ARTICLE 1 TERMS OF PERFORMANCE 1.01 Public Safety and Radio System Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and City regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall, whether oral or written, be a part of this agreement. The Agreement and other Contract Documents shall govern the Work described herein (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and City, and any proposal, with respect to the Work described herein. 1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of City and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents. 1.03 Performance of Work/No Assignment. Time is of the essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by City, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Agreement. Contractor shall not contract any portion of the Work or otherwise assign the Agreement without prior written approval of City, and any assignment without City’s prior written approval shall be null and void. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) The Contractor shall permit City (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during the Contract time. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any City representative, or certification by any governmental entity, shall in no way limit Contractor’s obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof. City shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of the Contract Documents. ARTICLE 2 LEGAL AND MISCELLANEOUS 2.01 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which City shall Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -18- make payment within thirty (30) days. Upon City’s written request, Contractor shall make available to City, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to City, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Agreement, and invoices, payrolls, timecards, records and all other data related to matters covered by the Agreement. Contractor shall furnish to City, its authorized agents, officers, or employees, such other evidence or information as City may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least three years following completion of the Work. Contractor shall permit City to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Agreement shall have the same rights conferred to City by this section. Such rights shall be specifically enforceable. 2.02 Independent Contractor. Contractor is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that City provides to City employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local taxes not specifically identified in the Contract Documents as City’s responsibility. 2.03 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the City and its City Council, officers, representatives, agents, employees, and volunteers (City Indemnities), against all claims, suits, actions, loss, cost, damage, expense, and liability in connection with or incidental to performance under this Agreement resulting from any breach and/or Contractor’s negligence in performing the Work pursuant to the Contract Documents. Notwithstanding any provision of the Contract Documents, City or Contractor shall not be liable to the respective Party or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. City’s rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor’s obligations to defend, indemnify, and save harmless the City Indemnities are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement. Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -19- 2.04 Defective Work; Warranties. Contractor warrants that all services shall be performed in accordance with generally accepted professional standards of good and workmanlike practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to City for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to City and in accordance with City’s written instructions, correct, repair or replace the Defective Work with conforming Work, and correct, repair or replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the City’s resulting claims, costs, losses and damages. Where Contractor fails to correct Defective Work within the correction period, City shall have all rights and remedies granted by law. 2.05 Compliance with Laws; Conflict of Interests. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in anyway attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain the Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. Contractor shall not engage in unlawful employment discrimination including, but not limited to, discrimination based upon a person’s race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law. 2.06 Termination; Suspension; Disputes. City may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as City may determine in its sole discretion. City will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault. City will compensate Contractor for extra costs resulting from such directives only to the extent that City issues such directives for its convenience and not due to Contractor’s fault (but City shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for City’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against City shall be submitted in writing to City, and shall be governed by Public Contract Code Sections 9204 and 20104 – 20104.6, after which time the one-year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -20- subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein. 2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in City of Rohnert Park, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities not party to the Agreement. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of City’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause. 2.08 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00, in accordance with Part 7 of Division 2 of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California DIR website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. In accordance with Labor Code section 1813, the Contractor shall forfeit, as penalty to the City, $25.00 for each person employed in the execution of the contract by the contractor or by any subcontractor, for each calendar day during which any person is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. Notice is hereby given that, pursuant to Section 1776(g) of the Labor Code of the State of California that the Contractor shall make available as required in this Section of the Labor Code certified payroll records and that penalties for violation of the section may be enforced. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements. 2.09 Mandatory Contractor and Subcontractor Registration; Prohibited Contractors. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -21- qualified. 2.10 Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work. 2.11 Performance Bond; Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account. A. If Contract Sum under the Agreement exceeds (or is expected to exceed) [$5,000], Contractor shall provide a construction performance bond in form attached hereto as Appendix D – Performance Bond and a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix E – Labor and Materials Payment Bond. Contractor may not substitute cash in lieu of the required bond(s). B. Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference). 2.12 Public Records Act. Contractor is aware that this Agreement and any documents Provided to the City may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of the Contractor to clearly identify information in those documents it considers to be confidential under the California Public Records Act. To the extent that City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. 2.13 Claims. A. Should any clarification, determination, action or inaction by City, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with Contract Documents, or otherwise result in Contractor seeking additional compensation in time or money or damages for any reason (collectively "Disputed Work"), then Contractor and City will make good faith attempts to resolve informally any and all such issues, claims and/or disputes. Before commencing the Disputed Work, or within seven days after Contractor's first knowledge of the Disputed Work, whichever is earlier, Contractor shall file a written notice and cost proposal for the Disputed Work with City stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of Project Documents. If a written notice and cost proposal for Disputed Work is not issued within this time period, or if Contractor proceeds with the Disputed Work without first having given the notice required by this paragraph, Contractor shall waive its rights to further claim on the specific issue. B. City will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify City, in writing, within seven days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -22- days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 days will result in Contractor waiving its right to the subject claim. C. Claim Format 1. A. Contractor shall submit the claim justification in the following format: (a) Cover letter and certification; (b) Summary of claim, including underlying facts, entitlement, schedule analysis, quantum calculations, Project provisions supporting relief; (c) List of documents relating to claim including Specifications, Drawings/Plans clarifications/requests for information, schedules, notices of delay, cost calculations and any others; (d) Chronology of events and correspondence: (e) Analysis of claim merit; (f) Analysis of claim cost; and (g) Attach supporting documents referenced in paragraph 2.14.C.1(c), above. D. Required Provisions on Contract Claim Resolution 1. Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 20104, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls. 2. Public Contract Code Section 9204 provides: (a) For the purposes of this section, “Claim” means a separate demand by Contractor for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by City. (b) Procedure: (1) Upon receipt of a Claim the City shall conduct a reasonable review of the Claim and within 45 days, or if City’s governing body must approve City’s response to the Claim and the governing body has not met within the 45 days then within three (3) days of the governing body’s meeting, shall provide Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Should City take no action on the Claim within 45 days of submission, it shall be deemed denied. (2) If the Contractor disputes City’s response to its Claim, including a failure to respond, it may submit via registered mail or certified mail, return receipt requested, a written demand for an informal Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -23- conference to meet and confer for settlement of the issues in dispute. City shall schedule such a meet and confer conference within 30 days for settlement of the dispute. Within ten (10) days of the meet and confer conference City shall provide Contractor with a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. If the Contractor disputes City’s statement it shall inform City and they shall mutually agree to a mediator within 10 business days of the written statement. (3) City shall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion. (4) Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally. The City and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section. (5) For claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to these provisions shall excuse the mediation obligation under Public Contracting Code section 20104.4(a). (6) The parties may mutually agree, in writing, to waive the mediation requirements of this subsection and proceed to the commencement of a civil action. (7) Failure by the City to respond to a Claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A Claim that is denied by reason of the public entity’s failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant. (8) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (9) If a Subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of a Subcontractor or lower tier subcontractor. A Subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the Subcontractor or by a lower tier Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -24- subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the claim to the City and, if the original Contractor did not present the claim, provide the Subcontractor with a statement of the reasons for not having done so. (10) Nothing in this section shall impose liability upon a City that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (11) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. 3. To the extent applicable, Public Contract Code Section 20104, et seq., provide: (a) For the purposes of this section, “Claim” means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by City. Separate Contractor Claims that together total more than $375,000 do not qualify as a “separate demand of $375,000 or less,” as referenced above, and are not subject to this section. (b) Caution. This section does not apply to tort claims, and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code. (c) Procedure: (1) The Claim must be in writing, submitted in compliance with all requirements of General Conditions including, without limitation, the time prescribed by and including the documents necessary to substantiate the Claim. Nothing in this section is intended to extend the time limit or supersede notice requirements for the filing of claims as set forth in the General Conditions or elsewhere in the Contract Documents. (2) For Claims of fifty thousand dollars ($50,000) or less, City shall respond in writing within forty-five (45) days of receipt of the Claim, or City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims City may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section upon mutual agreement of City and Claimant. City’s written response to the Claim, as further documented, shall be submitted to Claimant within fifteen (15) days after receipt of further documentation or within a Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -25- period of time no greater than taken by Claimant in producing the additional information, whichever is greater. (3) For Claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000: City shall respond in writing within sixty (60) days of receipt of the Claim, or City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims City may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section, upon mutual agreement of City and Claimant; City’s written response to the Claim, as further documented, shall be submitted to Claimant within thirty (30) days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater. (4) Meet and Confer: If Claimant disputes City’s written response, or City fails to respond within the time prescribed above, Claimant shall notify City, in writing, either within fifteen (15) days of receipt of City’s response or within fifteen (15) days of City’s failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute. (5) Following the meet and confer conference, if the Claim or any portion remains in dispute, Claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time Claimant submits its written claim as set forth herein, until the time that Claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -26- ATTACHMENT C INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract, and for 3 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and 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 (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. The City does not accept policies on a claims-made basis. 2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, elected officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -27- 2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, elected officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required under this agreement) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that the City, its elected officials, officers, employees, and volunteers are listed as additional insureds on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -28- ATTACHMENT D IN-USE OFF-ROAD DIESEL-FUELED FLEETS CERTIFICATION The undersigned Contractor certifies to the City of Rohnert Park (“Owner” or “City”) as set forth in sections 1 through 2, below: 1. Certification of Compliance. I hereby certify that I and all of my subcontractors will conform to the California Air Resource Board (“CARB”) In-Use Off-Road Diesel-Fueled Fleets requirements for all work involving the use of vehicles subject to the regulations, including, without limitation, as applicable, the Contracting Requirements in Title 13 CCR section 2449, subdivision (i), subparts (1) – (4), and the Prime Contractor Requirements in Title 13 CCR section 2449, subdivision (j), subparts (1) – (5). 2. Instructions. Check one (1) box below. ☐ Contractor’s current CARB issued Certificate of Reported Compliance accompanies this Certification. (If this box is checked, the Certificate must be provided.) ☐ Contractor certifies that its work on the Project (including work of its Subcontractors) does not involve the use of vehicles subject to the CARB In-Use Off- Road Diesel-Fueled Fleets requirements. CONTRACTOR: (Name of Contractor) Date: , 2024 By: (Signature) Name: (Print Name) Its: (Title) END OF CERTIFICATION Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -29- ATTACHMENT E PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: 1. THAT WHEREAS, City of Rohnert Park, a political subdivision of the State of California (Owner) has awarded to (Name of Contractor) , as Principal, a Construction Services Agreement, dated the day of , 20 (Agreement), titled PROJECT, in the amount of $ , which Agreement is by this reference made a part hereof, for the work described as follows: (Describe Agreement Work) . 2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof; 3. NOW, THEREFORE, we, the undersigned Principal and as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. 4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect. 5. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition. 6. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly: 6.01 Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or 6.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -30- sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal. 7. Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent. 8. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns. 9. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment. 10. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below. IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20 . CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature Signature Name Name Title Title Street Address Street Address City, State, Zip Code City, State, Zip Code Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -31- ATTACHMENT F LABOR AND MATERIALS PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: 1. THAT WHEREAS, the City of Rohnert Park, a political subdivision of the State of California (Owner) has awarded to (Name of Contractor) , as Principal, a Construction Services Agreement, dated the day of , 20 (Agreement), titled THE PROJECT located at in the amount of $ , which Agreement is by this reference made a part hereof, for the work described as follows: (Describe Agreement Work) . 2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law; 3. NOW, THEREFORE, we, the undersigned Principal and as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($ ), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. 4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void. 5. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law. 6. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder. 7. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with the Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -32- against any one or more of them, or against less than all of them without impairing Owner’s rights against the other. 8. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below. IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20 . CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature Signature Name Name Title Title Street Address Street Address City, State, Zip Code City, State, Zip Code Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -33- ATTACHMENT G SUPPLEMENTAL CONDITIONS CORONAVIRUS RISKS AND CONSTRUCTION REQUIREMENTS As of this date of this contract, the extent and impact of Coronavirus (also known as “COVID- 19”) on this project, including with respect to supplies, materials, and labor, may not be known by the parties. Nevertheless, Contractor acknowledges the need to reasonably foresee the extent and impact of COVID-19; warrants that it has taken such risks into account in preparing its bid and procuring supplies, materials, and labor; and shall be deemed to have assumed the risks associated with COVID-19 by Contractor’s voluntary entry into this Contract, except as otherwise expressly stated in the Contract Documents. Contractor hereby acknowledges that it has investigated and is familiar with and shall comply with applicable health orders and construction field safety protocols established by the Health Officer of the County of Sonoma. Contractor shall establish any required Code of Safety Practices and designated a Site Safety Representative as may be required under such orders. Contractor acknowledges that it may be subject to further requirements that may be imposed by State Public Health Officer. Contractor hereby acknowledges that compliance with such requirements constitutes part of the Scope of Work under this Contract. Public Safety Antenna and Radio System Replacement Project OAK #4822-2061-5061 v2 -34- ATTACHMENT H MILESTONE PAYMENT SCHEDULE Contractor and City agree to the Milestone Payment Schedule as set forth in section 2, below: Milestone Number Description Percentage 1 Contract Signing 30% 2 Equipment Staging and Acceptance 30% 3 Equipment Delivery and Installation 30% 4 System Final Acceptance 10%