Loading...
HomeMy WebLinkAboutDay Wireless Systems; 2020-03-30;AGREEMENT FOR RADIO MONITORING AND ANTENNA INSTALLATIONS DAY WIRELESS SYSTEMS THIS AGREEMENT .i~made and entered into as of the ._2fth YrY\ru:"\..Ch , 20~ by and between the CITY OF CARLSBAD, a corporation, ("City"), and Day Wireless Systems, a wireless integrator, ("Contractor"). RECITALS day of municipal City requires the professional services of a wireless integrator that is experienced in installing radios and antennas. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be six thousand six hundred ninety- four dollars and seventy-eight cents ($6,974.78). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent ( 10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. INSURANCE City Attorney Approved Version 6/12/18 Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Jessica Field Title Admin CSO Department Police ----------City of Carlsbad Address 2560 Orion Way Carlsbad, CA 92010 Phone No. 760-931-2215 For Contractor Name Randon Flores Title Construction Manager Address 8300 Juniper Creek Suite 100 San Diego, CA 92126 Phone No. 858-537-0709 Email rflores@daywireless.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No X 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City Attorney Approved Version 6/12/18 2 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. 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 assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: W1~ /(. 1L1 c/l1 IU1rr--/ Assistant City Attorney City Attorney Approved Version 6/12/18 4 City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered In accordance with the Agreement 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement Is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) 6ovc'a V\. T:x.-t.'::j t \ v..t s ,cl~x.. +- (print name/ itle) CITY OF CARLSBAD, a municipal corporation of the State of California c..-City Manager or Mayor or Director--== ATTEST: By~ ~k (signhere) BA~NGLESON Bv--tlt\.+ Ull-,vC,(M.I, \} tl{ \{\t(;k,d--City Clerk (print name/title) City Attorney Approved Version 6/12/18 3 QTY 1 2 150 6 60 6 3 3 1 EXHIBIT "A " SCOPE OF SERVICES Pans & --•••• Description 154-17 4 MHz 0dB Lt Wgt Fbrgls Omni Base Station Antenna 746-869 MHz 3dB Base Station Omni Antenna 112· Corrugated Copper Foam HELW< Coaxial Positive Stop N-Male for 112· LDF4 3/8" Braided Flexible Foam Dielectric 50 Ohm Coax Connector, N-Male Crimp for RG8LL Type Cable 125-1000 MHz Flange Mount Coax Protector 12v AC Power supply Installation and Grounding Material Labor Descnpt1on of Won< ANTENNA AND COAX INSTALLATION utner 1:.xoenses Descnpt1on EQUIPMENT SHIPPING PROJECT MANAGEMENT &emotions Pnce Extended Pnce $409.49 $409.49 $292.53 S585.06 S1-71 $256.50 $22.91 $137.46 S1.13 $67.80 $6.44 $38.64 $66.61 $199.83 $357.14 $1,071.42 $2142 9 $21429 Equipment Total: S2,980.49 Total $3,000.00 Labor Total: $3,000.00 lOtal $214.29 S500.00 other Total: $714.29 Grand Total: S6.694./~ DWS assumes current monitoring system is in gopd working condition. DWS will not trouble shoo~ repair, or replace the monitoring system. entofworK DWS shall install 2 new 800 MHz and 1 new VHF antenna for the City of Car1sbad Safety Center. The antennas will connect to customer provide radios to be able to monitor radio traffic in different locations in the building where the monitoring devices ae installed. DWS will pull audio from the radios and connect to the currently installed PA system. customer "Resnons1n111t1es Provide 2 800MHz radios, Provide 1 VHF radio, PA and Monitoring System City Attorney Approved Version 6/12/18 5 ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 3/12/2020 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). PRODUCER Cu"'"'-' Robyn Greene NAME: The Leavitt Group of Boise, Inc. PHONE (208) 672-6160 I FAX IA/C No Ext\: (A/C, Nol: (866) 429-3119 6220 N. Discovery Way, Ste 100 E-MAIL robyn-greene@leavitt.com ADDRESS: INSURER(SI AFFORDING COVERAGE NAIC # Boise ID 83713 INSURER A :National Union Fire Insurance Company c 019445 INSURED INSURER B :Navicrators Specialty Insurance Company 36056 Day Management Corporation INSURER C :New Hampshire Insurance Company 23841 clba Day Wireless Systems INSURER D: 4700 SE International Way INSURER E: Milwaukie OR 97222 INSURER F: COVERAGES CERTIFICATE NUMBER: 19/20 Master REVISION NUMBER: 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 WIHICH 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN~n ""'n POLICY NUMBER IMM/DD/YYYY\ IMM/DDIYYYY\ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 -D CLAIMS-MADE ~ OCCUR DAMAGE TO RENTED A PREMISES £Ea occurrence) s 500,000 GL 5342023 4/1/2019 4/1/2020 MED EXP (Any one person) s 25,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s 2,000,000 ~ 0PRO-□LDC PRODUCTS· COMP/OP AGG $ 2,000,000 POLICY JECT OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea acc1dentl -X ANY AUTO BODILY INJURY (Per person) s A -ALL OWNED -SCHEDULED AUTOS AUTOS CA 3786644 4/1/2019 4/1/2020 BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS !Per accident\ $ --s X UMBRELLA LIAS H OCCUR EACH OCCURRENCE s 10,000,000 - B EXCESS LIAS CLAIMS-MADE AGGREGATE $ 10,000,000 OED I X I RETENTION $ 0 CHl 9EXC885592 IV 4/1/2019 4/1/2020 $ WORKERS COMPENSATION WA Stop Gap X I ~\'frnTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA C (Mandatory in NH) WC 025893651 (AOS} 4/1/2019 4/1/2020 EL. DISEASE· EA EMPLOYEE $ 1,000,000 If yes, describe under WC 025893652 (CAI DESCRIPTION OF OPERATIONS below 4/1/2019 4/1/2020 E.L. DISEASE -POLICY LIMIT s 1 000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is included as additional insured in regards to General Liability where required by written contract. THIS REPLACES PRIOR CERTIFICATE ISSUED ON THIS SAME DAY. CERTIFICATE HOLDER CANCELLATION cindy.anderson@carlsbadca.go, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Carlsbad Police Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2560 Orion Way Carlsbad, I ACORD 25 (2014/01) INS025 1201401, CA 92010 AUTHORIZED REPRESENTATIVE Te:i Pice/?.2G?E2 ~ 7?~ © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / POLICY NUMBER: GL 534-20-23 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 Location{s) Of Covered Operations Any person or organization whom you become Per the contract or agreement. 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", "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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1