HomeMy WebLinkAboutDay Wireless Systems; 2025-01-10; PWM25-3588FACPWM25-3588FAC PFHQ HAM Radio System Replacement Cont. No. 4715 Page 1 City Attorney Approved 6/5/24 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT POLICE AND FIRE HEADQUARTERS HAM RADIO SYSTEM REPLACEMENT; CONT. NO. 4715 This contract is made on the ______________ day of _________________________, ______________ (“Contract”), by the City of Carlsbad, California, a municipal corporation ("City") and Day Management Corporation, an Oregon corporation d.b.a. Day Wireless Systems, whose principal place of business is 8300 Juniper Creek Lane, Suite 100, San Diego, California 92126 ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Steven Stewart (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute “public works” under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 202510thJanuary Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 PWM 25-3588 FAC certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations ('DIR'), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor's required certification is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http:ljlearn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. PFHQ HAM Radio System Replacement Cont. No. 4715 Page 2 City Attorney Approved 6/5/24 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 PWM25-3588FAC FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: Lane Falkner REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property damage insurance in an amount of not less than ........ $2,000,000 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. PFHQ HAM Radio System Replacement Cont. No. 471S Page 3 City Attorney Approved 6/5/24 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 PWM25-3588FAC The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within two hundred (200) working days after receipt of Notice to Proceed. PFHQ HAM Radio System Replacement Cont. No. 4715 Page 4 City Attorney Approved 6/5/24 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 CONTRACTOR'S INFORMATION Day Management Corporation d.b.a. Day Wireless Systems (name of Contractor) 984020 (Contractor's license number) B, Cl0 -5/31/2025 (license class. and exp. date) 1000010212 -6/30/2025 (DIR registration number/exp. date) PWM25-3588FAC 8300 Juniper Creek Lane, Ste. 100 (street address) San Diego (city/state/zip) 858-583-9181 (telephone no.) bbettencourt@daywireless.com (e-mail address) AUTHORITY. The individuals executing this Contract and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Contract. PFHQ HAM Radio System Replacement Cont. No. 4715 [signatures on following page) Page 5 City Attorney Approved 6/5/24 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 CONTRACTOR Day Management Corporation, an Oregon corporation d.b.a. Day Wireless Systems Lane Falkner, CEO & President Jessica Jackson, Day gmt. Corp. Secretary (print name, title) PWM25-3588FAC CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager ATTEST: SHERRY FREISINGER, City Clerk By: Deputy City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f..E. corporation, Contract must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or ass is ta nt secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: bil,\,Q., th .. m.Y0v Assistant City Attorney PFHQ HAM Radio System Replacement Cont. No. 4715 Page 6 City Attorney Approved 6/5/24 N/A N/A Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 PWM25-3588FAC EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project In excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced In writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work Business Name and Address DIR Registration No. License No., %of to be & Expiration Date Classification Total Subcontracted & Expiration Contract Date Total% Subcontracted: _____ _ The Contractor must perform no less than 50% of the work with its own forces. PFHQ HAM Radio System Replacement Cont No. 4715 Page 7 City Attorney Approved 6/5/24 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 PWM25-3588FAC EXHIBITB Police and Fire Headquarters HAM Radio System Replacement Contractor shall provide all labor, equipment and materials necessary to completely remove and replace the HAM radio system and install two (2) new 800 Mhz radio systems, in the small conference room near the Emergency Operations Center of the Police and Fire Headquarters. Contractor shall also install new UHF and VHF radio system monitoring in new IT room rack, complete with rooftop antennas and interconnecting cable as needed. All work shall be in accordance with the attached proposal dated October 16, 2024. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION 1 LS 1 Total Proposal Value (see attached proposal) *Includes taxes, bond, fees, expenses and all other costs. PFHQ HAM Radio System Replacement Cont. No. 4715 Page 8 PRICE $58,457.44 City Attorney Approved 6/5/24 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 ,1,, DAY"A W I RELESS SYSTE MS Day Wireless Systems 8300 Juniper Creek Lane Suite 100 San Diego CA 92126 United States Bill To Accounts Payable City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008-7314 United States Quotation# Date Expires Terms Representative Direct Phone E-Mail Office Phone Customer Contact Contact Phone Project Name Ship To Carlsbad Police Dept. 2560 Orion Way Carlsbad CA 92010-7240 United States QO48680 Page I of2 10/16/2024 11/30/2024 NET30-GOV Bryan Bettencourt (858) 583-9181 bbettencourt@daywireless.com (858) 537-0709 Steven Stewart (442) 339-2938 EOC HAM Radio & 800NHF Item# Quantity Description Rate Amount Description LABOR 2152 INSTALLA ... 1 Remove Ham radio system from current location. 1,600.00 1,600.00 2152 INSTALLA ... Install Ham radio system to remodeled location. Install new antenna feedlines for previously removed antennas 9,600.00 9,600.00 2152 INSTALLA ... Install (2) consolettes and antenna systems. Run cat6 cables from consolettes to desksets in the EOC. 8,700.00 8,700.00 2152 TECH Program and configure desksets. 425.00 425.00 Description PARTS 236359 2 Multiband Antenna 150-l 74,380-512,760-896 MHz for Consolette 1,755.00 3,510.00 Radios, N Connector 301295 700 LMR 400 l/2in coax, per ft. 2.34 1,638.00 11106 3 POLYPHASER BULKHEAD MT ARRSTOR 113.99 341.97 348407 21 LMR400 MN Crimp Connector 8.92 187.32 509404 7 N-Female crimped for LMR400 23.08 161.56 MISC HARDWA ... 17 Barrel Cushion 3/8" (7 Holes) 24.61 418.37 TESSCO SKU: 267259 25189299 15 DURA-BLOK Pipe Support Block: Rubber Base, Electroplated Cast 105.63 1,584.45 Iron, 6 in Overall Lg, 5 in Overall Ht L37TSS9PW1N 2 ALL BAND CONSOLETIE 7,201.45 14,402.90 090 2 ADD: NO MICROPHONE NEEDED 0.00 0.00 G851AG 2 ADD: AES/DES-XL/DES-OFB ENCRYP APX AND ADP 637.28 1,274.56 G996AS 2 ENH: OVER THE AIR PROVISIONING 79.75 159.50 GA00580AA 2 ADD: TOMA OPERATION 358.88 717.76 CA01598AB 2 ADD: AC LINE CORD US 0.00 0.00 G51AT 2 ENH: SMARTZONE OPERATION APX 1,196.25 2,392.50 GA05509AA 2 DEL: DELETE UHF BAND -580.00 -1,160.00 Page 9 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 Quotation# QO48680 Date 10/16/2024 WI RELESS SYSTE M S Day Wireless Systems 8300 Juniper Creek Lane Suite 100 San Diego CA 92126 United States Item# Quantity Description G78AR 2 ADD: 3 YEAR SERVICE FROM THESTART LITE L999 2 ADD: FULL FPW/05/KEYPAD/CLOCKNU G806BL 2 ENH: ASTRO DIGITAL CAI OP APEX QA09113 2 ADD: BASELINE RELEASE SW. W969BG 2 ADD: MULTIPLE KEY ENCRYPTIONOPERATION G361AH 2 ENH: ASTRO PROJ 25 TRNKG SFTWR HKN6233 2 APX Consolette Rack Mount Kit HKVN4865A l LICENSE,CD, MCD 5000 DOCUMENTATION FHN7469 2 POWER SUPPLY MCD 5000 Deskset F2380A 2 MCD5000 Deskset MISC HARDWA. .. 1 Misc mounting, securing and grounding materials. PVW Filing Fee l Prevailing Wage Filing Fee Description Day Wireless Systems acknowledges this is a prevailing wage job and will adhere to PVW regulations. Bond l Labor & Materials Bond Rate 288.00 629.30 411.08 0.00 263.18 239.25 145.00 0.00 81.00 1,842.75 500.00 600.00 825.00 Subtotal Shipping Cost (UPS® Ground) Tax Total Total LEGAL NAME OF PURCHASER P.O. NUI\-IBER AUTHORIZED SIGNATURE DATE Page 2 of2 Amount 576.00 1,258.60 822.16 0.00 526.36 478.50 290.00 0.00 162.00 3,685.50 500.00 600.00 825.00 55,678.01 150.00 2,629.43 $58,457.44 By-ftftitroving-tbi!Hllfflt1tt-ioo,the-et1stomer-is-11gl'eeing-t-o-pttl'fflft~t1ot~mer will be iDYOiffiHottbtttem!HlHl1ey-11ffl-Ye-lli ft-B-WS-ffteiHlyimd-j9-fllleeled lo pay 11ffi!l'tiing-to--ttie-t~~O,-JfOte-fllSlomff-%~et';-the-e(tttipment-mim-be ~em llte DWS fflelllly. Norntttlly-st-oelred-tlems-may-be-reltim~1}ff(.-i-ng-fee,buHion-stoelt-irem5-flff-tlottttgfule-fol'-t'efllflHHld ntttSl-be-pieketl-ttp-ttnd-pttid-f~~wiog-ftftd--b11ttdHng-cltttrge9;11s--wcl:l-ft!Hlny-1tpplie11blHflles-tM;-fllily"be-included-e!Hlre lflYOlee5rtlie-terms-oflhe-oroer are s ub:j~ff¥iew,!fl,J9--fttlottttt11bfcel lo re'ilew by m 11oogemettHo~lete-nesi-t111d-ftecut'fley,-ttnd-pt-iee9-itre fil'flt-for-3()-dnytttn-le5ll-llt-he!'Wise-fflltro.lfpayin~f0eefflllg-fre·will-be elmrged up lo 3.5% of lhe lrnllSffetion, *Customers should reference the quotation number on any correspondence or purchase orders.* .&.:f!Jere--111ily-be-11~e-for-insuffielmHuuds-nnd-n--l.5D/4-lllt-e-f~ Pa2e 10 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 PWM25-3588FAC EXHIBITC Bond #1107825 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Day Management Corporation d.b.a. Day Wireless Systems (hereinafter designated as the "Principal"), a Contract for: Police & Fire Headquarters HAM Radio System Replacement CONTRACT NO. 4715 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Day Management Corporation d.b.a. Day Wireless Systems, as Principal, (hereinafter designated as the "Contractor"), and The Hanover Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty eight thousand four hundred fifty seven dollars forty-four cents dollars ($58,457.44), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. PFHQ HAM Radio System Replacement Cont. No. 4715 Page 11 City Attorney Approved 6/5/24 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 PWM25-3588FAC This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this __ 2_7t_h __ day of November 2024. Day Management Corporation __ d_b_a_D_a_y_W_ir_e_le_ss_S_y_s_te_m_s __ (SEAL) The Hanover Insurance Company (SEAL) (Principal) (Surety) By ~• By ~ Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: b!IAA t\i.,m,r~ Assistant City Attorney PFHQ HAM Radio System Replacement Cont. No. 4715 Page 12 City Attorney Approved 6/5/24 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney llmlts the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Robyn Greene, Ted Rice, Kacee Mock, Jamie Beswick, Brie Homan, Briana Michels, Jennifer Jacobs, andlor Mike Vandenberg Of The Leavitt Group of Boise, ID each Individually, iflhere be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by lhe secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single Instance That this power is made and executed pursuanl to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, In conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company, In its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory In the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vlce President of the Company, shall be binding on the Company to the same extent as if alt signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October?, 1981 - The Hanover Insurance Company; Adopted April 14, 1982-Massachusetts Bay Insurance Company; Adopted September?, 2001-Citizens Insurance Company of America and affirmed by each Company on March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 7th day of November, 2023 ·1he llano,·er ln1ur1.nct Compau)' M&M.UhtJttltl Bly hit•n•tt Cotnpany Cilluas la1uranu CompHy,t,r Amtriu J STATE OF CONNECTICUT COUNTY OF HARTFORD 1 ht lfilllonr huuraru:t Compan)· I\. athuHIIS Bay hu11ranct Company s lnsu n,t Company or Amtrka ) ss. On this 7th day of November 2023 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and Ii.Vb.scribed to said instrument bv the authoritv and. dir.eptLo.n. of said Corporations. & Wendy Latoumes Nota,y Pubic, Slate of Conll8dlcut My Commission E,cpies Jut~ 31. 2025 I, the undersigned Vlce President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the sald Powers of Attorney are still In force and effect GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this _27th_ day of _November ___ 2024 __ . CERTIFIED COPY Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 PWM25-3588FAC EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a "Public Works Awarding Body," as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46}. Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC} for the Contractor's fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city's ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor's, as well as all listed subcontractors. most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. PFHQ HAM Radio System Replacement Cont. No. 4715 Page 13 City Attorney Approved 6/5/24 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 PWM25-3588FAC EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CAR B's policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") Is true and correct: D The Fleet Is subject to the requirements of the Regulation, and the appropriate Certlficate(s) of Reported Compliance have been attached hereto. D The Fleet Is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. □ Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined In the Regulation pursuant to Section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). Q The Fleet is exempt from the re.ql,irements of the Regulation pursuant to Sectlon'·2449(1)(4) because this Project has been deemed an "emergency", as that term Is defined In Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(1)(4). ~ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Contractor: Day Wireless Systems Signature: ~ Name: Lane Falkner Title: CEO & President Date: D~ (~ 1 '2.. 0 tj PFHQ HAM Radio System Replacement Cont. No. 4715 Page 14 City Attorney Approved 6/5/24 10/25/2024 Leavitt Group of Boise 6220 N Discovery Way, Ste 100 Boise ID 83713 Robyn Greene (208)672-6160 (866) 429-3119 robyn-greene@leavitt.com Day Management Corporation dba Day Wireless Systems 6430 SE Lake Rd Milwaukie OR 97222 National Union Fire Insurance Company of Pittsburgh,Pa.19445 Navigators Specialty Insurance Company 36056 New Hampshire Insurance Company 23841 Scottsdale Insurance Company 41297 24/25 Master A X X X $0 Ded X X GL 5342023 4/1/2024 4/1/2025 2,000,000 500,000 25,000 2,000,000 4,000,000 4,000,000 A X CA 3786644 4/1/2024 4/1/2025 2,000,000 B X X X 0 CH24EXC885592IC 4/1/2024 4/1/2025 5,000,000 5,000,000 C N WC 025893651 (AOS)4/1/2024 4/1/2025 WC 025893652 (CA)4/1/2024 4/1/2025 WA Stop Gap X 2,000,000 2,000,000 2,000,000 D 2nd Excess Policy-Excess over XLS2003940 4/1/2024 4/1/2025 Each Occurrence $5,000,000 GL, Auto & Employers Liability Aggregate $5,000,000 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 947 Murrieta, CA 92564 eleida.felixyackel@carlsbadca.gov Ted Rice/ROGREE Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 ~ I ACORD® ~ I -□ □ 1---- 1--- Fl □ □ - -- -- -'--- 1---H I l I I I □ ~~~ I Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 POLICY NUMBER: 534-20-23 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization whom you Per the contract or agreement. become obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 □ Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 POLICY NUMBER: GL 534-20-23 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 ENDORSEMENT This endorsement, effective 12:01 A.M. 0410112024 forms a part of Policy No. 534-20-23 issued to Day Management Corporat ion by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. AMENDMENT OF LIMITS OF INSURANCE (Per Project or Per Location Aggregate Limit) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following: [}(] Per Project General Aggregate Limit [ ] Per Location General Aggregate Limit [ ] Per Project and Per Location General Aggregate Limit $ 2,000,000 $ $ IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. II. SECTION Ill -LIMITS OF INSURANCE , is amended to include the following: 1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C 86681 (9104) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we will pay under Coverage A because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. Subject to 2., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical Expenses under Coverage C arising out of any single Project described above. 9. Subject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical expenses under Coverage C arising out of the any single Location described above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Ill. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below. General Aggregate Limit Each Occurrence Products-Completed Operations Aggregate Limit Personal & Advertising Injury Limit Damage to Premises Rented to Medical Expense Limit Per Project General Aggregate Limit, Per Location General Aggregate Limit or Per Project and Per Location General Aggregate Limit Limits of Insurance $ 1 0 , 000 , 000 $ 1,000,000 $2,000,000 $ 1,000,000 $500,000 $25,000 $2,000,000 IV. SECTION V -DEFINITIONS, is amended to include the following: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad. All other terms and conditions of this policy remain the sari~ Authorized Representative or Countersignature (in States Where Applicable) 86681 (9/04) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 2 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 POLICY NUMBER: 534-20-23 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement Changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM 04/01/2024 Issued to DAY MANAGEMENT CORP. forms a part of Policy No. WC 025-89-3651 By NEW HAMPSH I RE INSURANCE COMPANY 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. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. Ally person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any conslruction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. we oo 0313 (Ed. 04184) Countersigned by --------------------- Authortzed Representative Docusign Envelope ID: 826AC2BA-0B53-4FDF-B419-25A142E80475 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following • attaching clause· need be ccmpleted only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01/2024 Issued to DAY MANAGEMENT CORP. By NEW HANPSH I RE INSURANCE C011PANY forms a part of Policy No. WC 025-89-3652 We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perfonn for such person or organization. The additional premium for this endorsement shall be 2 . 00 % of the total estimated workers compensation premium for this policy. we 0403 &1 (Ed. 11/90) ~~.M·~ Countersigned by _____________________________ _ Authortzed Representative