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HomeMy WebLinkAboutDay Wireless Systems; 2021-09-09; PWM22-1566FACPWM22-1566FAC Dispatch Set Up In Eoc Wing - Cont. No. 4719 Page 1 of 7 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CONNECTIONS FOR DISPATCH SET UP IN THE EMERGENCY OPERATIONS CENTER (EOC) WING; CONT. NO. 4719 This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Day Management Corporation, an Oregon corporation d.b.a. Day Wireless Systems, whose principal place of business is 8300 Juniper Creek, Suite 100, San Diego, CA 92126 (hereinafter called "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, 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. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: D15C233B-F666-4193-B86E-D68C531676AD 9th September PWM22-1566FAC Dispatch Set Up In Eoc Wing - Cont. No. 4719 Page 2 of 7 City Attorney Approved 1/20/2020 FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The 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 of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. 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. Gordan Day DocuSign Envelope ID: D15C233B-F666-4193-B86E-D68C531676AD PWM22-1566FAC Dispatch Set Up In Eoc Wing - Cont. No. 4719 Page 3 of 7 City Attorney Approved 1/20/2020 INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, 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 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. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within three hundred (300) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Day Management Corporation d.b.a. Day Wireless Systems 8300 Juniper Creek, Suite 100 (name of Contractor) 984020 (street address) San Diego, CA 92126 (Contractor’s license number) B, C10 5/31/2023 (city/state/zip) 858-537-0709 (license class. and exp. date) 1000010212 (telephone no.) N/A (DIR registration number) 6/30/2023 (fax no.) RFlores@daywireless.com (DIR registration exp. date) (e-mail address) DocuSign Envelope ID: D15C233B-F666-4193-B86E-D68C531676AD PWM22-1566FAC Dispatch Set Up In Eoc Wing - Cont. No. 4719 Page 4 of 7 City Attorney Approved 1/20/2020 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 DAY MANAGEMENT CORPORATION d.b.a. Day Wireless Systems, an Oregon corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Russell Day, CFO Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) Gordon Day, President (print name/title) 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 Group B Chairman, President, or Vice-President 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: _____________________________ Assistant City Attorney DocuSign Envelope ID: D15C233B-F666-4193-B86E-D68C531676AD PWM22-1566FAC Dispatch Set Up In Eoc Wing - Cont. No. 4719 Page 5 of 7 City Attorney Approved 1/20/2020 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. N/A N/A DocuSign Envelope ID: D15C233B-F666-4193-B86E-D68C531676AD PWM22-1566FAC Dispatch Set Up In Eoc Wing - Cont. No. 4719 Page 6 of 7 City Attorney Approved 1/20/2020 EXHIBIT B Day Wireless Connections for Dispatch Set Up in EOC Wing Relocation of consoles to conference room and relocation back to dispatch room. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Lot 1 Installation Materials $400 2 Lot 1 Relocate 6 MCC7500 Consoles to Conference Room $4,000 3 Lot 1 Reinstall 6 MCC7500 Consoles in Dispatch Room $4,000 4 Lot 1 Project Management time $700 TOTAL* $9,100 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: D15C233B-F666-4193-B86E-D68C531676AD Quote #101741-3 Date:7/1/2021 8300 Juniper Creek Suite 100 Expiration Date:9/29/2021 San Diego, CA 92126 858-537-0709 To:Carlsbad PD Attn: Lee Henderson 2560 Orion Way 760-931-2109 Carlsbad, CA 92010 QTY 1 Equipment Total: Labor Total: Other Total: Grand Total: Payment terms Net 30 days. Quotation for goods and services named. To Accept this quotation, sign here and return: _____________________________________ Date: __________ Labor Installation Material $400.00 $400.00 $400.00 Quote Day Wireless Contact Project Name Payment Terms Randon Flores Carlsbad PD MCC7500 Relocation Net 30 Description Price Extended Price Parts & Materials Total RELOCATE 6 MCC7500 CONSOLES TO CONFERENCE ROOM $4,000.00 REINSTALL 6 MCC7550 CONSOLES TO DISPATCH $4,000.00 Description of Work $8,000.00 Other Expenses Description Total Thank you for your Business Statement of Work DWS will provide the above said services in support of the Carlsbad PD dispatch center remodel. DWS will pre run all cabling to ensure a timely power down and start up of each console. Upon completion of the dispatch center remodel, DWS will install consoles to each permanent position per the dispatch mangers drawings or instructions. PROJECT MANAGEMENT $700.00 $700.00 $9,100.00 PWM22-1566FAC - Exhibit "B" (continued) Page 7 of 7 DocuSign Envelope ID: D15C233B-F666-4193-B86E-D68C531676AD 3/30/2021 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 21/22 Master A X X X X GL 5342023 4/1/2021 4/1/2022 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X CA 3786644 4/1/2021 4/1/2022 2,000,000 B X X X 0 CH21EXC885592IC 4/1/2021 4/1/2022 5,000,000 5,000,000 C Y WC 025893651 (AOS)4/1/2021 4/1/2022 WC 025893652 (CA)4/1/2021 4/1/2022 WA Stop Gap X 1,000,000 1,000,000 1,000,000 D 2nd Excess Layer XLS0119143 4/1/2021 4/1/2022 5 x 5 Excess Layer Limit $5,000,000 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 947 Murrieta, CA 92564 support@exigis.com Ted Rice/ROGREE Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$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 COMPENSATIONAND 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 PERIODINDICATED. 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. INSDADDL WVDSUBR 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 POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 thecertificate 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 INACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 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