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HomeMy WebLinkAboutManagement Corporation d.b.a. Day Wireless Systems; 2022-09-07; PWL22-1862FACDocuSign Envelope ID: 73481B3A-7AD2-4BA3-90C6-8F953F99C292PWL22-1862FAC CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT FIRE STATION NO. 2 PERMANENT RADIO INSTALLATION: CONTRACT 4060 This letter will serve as an agreement between Day Management Corporation, an Oregon corporation d.b.a. Day Wireless Systems (Contractor), and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to install a base station radio and antenna system at permanent Fire Station 2, per Exhibit A, B and City specifications, for a sum not to exceed two thousand four hundred two dollars and seventy-six cents ($2,402.76). This work is to be completed within one hundred (100) working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad business license. 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees, and volunteers from 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 this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said 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. Insurance is 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. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. FS No. 2 Permanent Radio Installation; Contract No. 4060 -1 -City Attorney Approved 2/29/2016 DocuSign Envelope ID: 73481B3A-7AD2-4BA3-90C6-8F953F99C292PWL22-1862FAC 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 126~!' et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. fvVQ init -~-~--init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. Mt) init Gb init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 8. 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 Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill FS No. 2 Permanent Radio Installation; Contract No. 4060 -2 -City Attorney Approved 2/29/2016 DocuSign Envelope ID: 73481B3A-7AD2-4BA3-90C6-8F953F99C292Sept. 7, 2022;-I 1.j I " ,, I PWL22-1862FAC 9. City Contact: Ron Haugland, 760-975-7410 Contractor Contact: Randon Flores 858-537-0709 CONTRACTOR Day Management Corporation, an Oregon corporation d.b.a. Day Wireless Systems PO Box 22169 Milwaukie, OR 97269-2169 P: 858-537-0709 F: N/A rflores@d aywireless. com By: (sign here) bo-r!o"' 't). J)e,..J / \)re-siA-e"""~ (print nam /title) (sign here) /JI "-c. ll-<-t1ct<-'1)~ / C.F 0 (print name/title) 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 Dated: (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: Assistant City Attorney FS No. 2 Permanent Radio Installation; Contract No. 4060 -3 -City Attorney Approved 2/29/2016 DocuSign Envelope ID: 73481B3A-7AD2-4BA3-90C6-8F953F99C292PWL22-1862FAC EXHIBIT A Fire Station No. 2 Permanent Radio Installation SCOPE OF WORK AND FEE Contractor to provide all materials, tools and labor to install base station radio purchased by City of Carlsbad and install and furnish antenna for Fire Station #2 located at 1906 Arenal Road, Carlsbad, CA 92009. All work and materials shall be consistent with the Contractor's proposal and submittal dated May 17, 2022 and is attached to this agreement as Exhibit B. Notes: Contractor shall practice good housekeeping practices throughout the duration of the Project. Contractor shall verify the newly installed unit operates as intended. Contractor shall leave the work site in a clean and workmanlike manner. Install a base station radio and antenna system at permanent fire station 2. TOTAL* *Includes taxes, fees, expenses and all other costs. $2,402.76 $2,402.76 FS No. 2 Permanent Radio Installation; Contract No. 4060 - 4 -City Attorney Approved 2/29/2016 DocuSign Envelope ID: 73481B3A-7AD2-4BA3-90C6-8F953F99C292WI/Ul£SS SYSTEMS Day Wireless Systems 8300 Juniper Creek Lane Suite 100 San Diego CA 92126 United States Bill To Carlsbad Fire Dept 2560 Orion Way Carlsbad CA 92010-7280 United States Quantity Description PWL22-1862FAC-Exhibit "B" Quotation# Date Terms Expires Representative Direct Phone E-Mail Shop Phone Customer Contact Contact Phone Project Name Ship To Carlsbad Fire Dept 2560 Orion Way Carlsbad CA 92010-7280 United States Rate Q027738 05/17/2022 NET30-GOV 09/30/2022 Andrew Grimm (858) 864-3660 agrimm@daywireless.com (858) 537-0709 Eric Envonsion (760) 931-2114 Station 2 Base Station Install Amount 16 Install new APX Base Station and antenna system. DWS will connect audio 125.00 2,000.00 from new APX to customer PA system. 1 806-866 MHz O DB FIBERGLASSANTENNA, OMNI BASE STATION 95.78 95.78 60 3/8" Braided Flexible FoamDielectric 50 Ohm Coax Cable 1.30 78.00 I 125-1000 Mhz Flange Mt Coax Surge Protection 62.00 62.00 I ANTENNA BRACKET 38.00 38.00 1 Installation and Grounding Material 100.00 100.00 Subtotal 2,373.78 Tax Total 28.98 Total $2,402.76 LEGAL NAME OF PURCHASER P.O.NUMBER AUTHORIZED SIGNATURE DATE * 3/29/2022 The Leavitt Group of Boise, Inc. 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 4700 SE International Way Milwaukie OR 97222 National Union Fire Insurance Company of Pittsburgh,Pa.019445 Navigators Specialty Insurance Company 36056 New Hampshire Insurance Company 23841 Scottsdale Insurance Company 41297 22/23 Master A X X $0 Ded X X GL 5342023 4/1/2022 4/1/2023 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X CA 3786644 4/1/2022 4/1/2023 2,000,000 B X X X 0 CH22EXC885592IC 4/1/2022 4/1/2023 5,000,000 5,000,000 C Y WC 025893651 (AOS)4/1/2022 4/1/2023 WC 025893652 (CA)4/1/2022 4/1/2023 WA Stop Gap X 1,000,000 1,000,000 1,000,000 D 2nd Excess Policy-Excess over XLS0123670 4/1/2022 4/1/2023 5 x 5 Excess Layer Limit $5,000,000 GL, Auto & Employers Liability City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 947 Murrieta, CA 92564 support@exigis.com Ted Rice/ROGREE Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$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: 73481B3A-7AD2-4BA3-90C6-8F953F99C292 ACORD® I ~ I -D □ -- R □ □ - -- -- -- -H I I I I I □ I DocuSign Envelope ID: 73481B3A-7AD2-4BA3-90C6-8F953F99C292 POLICY NUMBER: GL 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. A. Section II 6 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. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 DocuSign Envelope ID: 73481B3A-7AD2-4BA3-90C6-8F953F99C292 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 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 completed only when this endorsement is issued subsequent to preparation of the policy). 025 -89-3652formsapartofPolicyNo.WC By NEW HAMPSHI RE INSURANCE COMPANY 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 perform for such person or organization. The additional premium for this endorsement shall be 2.00 for this policy. %of the total estimated workers compensation premium WC 04 03 61 (Ed.11/90) Countersigned by Authorized Representative Issued to DAY MANAGEMENT CORP. This endorsement, effective 12:01 AM 04 / 01 / 2021 DocuSign Envelope ID: 73481B3A-7AD2-4BA3-90C6-8F953F99C292 ~~.Kt~ -----------------~ DocuSign Envelope ID: 73481B3A-7AD2-4BA3-90C6-8F953F99C292 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 e Insurance Services Office, Inc., 2018 Page 1 of 1