HomeMy WebLinkAboutA7077 - GA TECHNICAL SVCS, INC. CONTRACT SERVICES AGREEMENT
AIRPORT FIBER INFRASTRUCTURE SYSTEMRE-TERMINATION
GA TECHNICAL SERVICES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered
into on Mat66 14 , 2011 by and between the City of Palm Springs, a California charter
city and municipal corporation ("City"), and GA Technical Services, Inc., a California
Corporation, ("Contractor"). City and Contractor are individually referred to as "Party" and are
collectively referred to as the"Parties".
RECITALS
A. City requires the services of GA Technical Services, Inc. for Airport Fiber
Infrastructure System Re-Termination, ("Project").
B. Contractor has submitted to City a proposal to provide Airport Fiber
hifrastructure System Re-Termination,to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is
qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
In consideration of these promises and mutual agreements, City agrees as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contractor shall provide Airport Fiber Infrastructure System Re-Termination
services to City as described in the Scope of Services/Work attached to this Agreement as
Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the
agreed upon schedule of performance and the schedule of fees. Contractor warrants that all
services and work shall be performed in a competent, professional, and satisfactory manner
consistent with prevailing industry standards. In the event of any inconsistency between the
terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the
terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor services rendered under this Agreement shall
comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful
orders, rules, and regulations.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
1 ORIGINAL BID Revised:1/2/18
72�599.1 AND1011 AGREEMENT
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that
it has carefully considered how the work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the services to be performed by Contractor is an essential
condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A."
Contractor shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Contractor. Delays shall not
entitle Contractor to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set forth
in Exhibit"A". The total amount of Compensation shall not exceed$32,459.89.
3.2 Method of Payment. In any month in which Contractor wishes to receive
payment, Contractor shall submit to City an invoice for services rendered prior to the date of the
invoice, no later than the first working day of such month, in the form approved by City's
finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for
authorized services performed. City shall pay Contractor for all expenses stated in the invoice
that are approved by City and consistent with this Agreement, within thirty (30) days of receipt
of Contractor's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is
requested by City, Parties shall execute a written amendment to this Agreement, specifying all
proposed amendments, including,but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents, work product, or
work,when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Contractor's profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not
made,this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
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720599.1
4.2 Schedule of Performance. All services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time
period extension must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered under this
Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Contractor, if Contractor notifies the Contract
Officer within ten (10) days of the commencement of such condition. Unforeseeable causes
include, but are not limited to, acts of God or of a public enemy, acts of the government, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and
unusually severe weather. After Contractor notification, the Contract Officer shall investigate
the facts and the extent of any necessary delay, and extend the time for performing the services
for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay
is justified. The Contract Officer's determination shall be final and conclusive upon the parties
to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of 60 days from
the date of the Notice to Proceed, unless extended by mutual written agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where
termination is due to the fault of Contractor and constitutes an immediate danger to health,
safety, and general welfare, the period of notice shall be such shorter time as may be determined
by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all
services except such as may be specifically approved by the Contract Officer. Contractor shall
be entitled to compensation for all services rendered prior to receipt of the notice of termination
and for any services authorized by the Contract Officer after such notice. Contractor may
terminate this Agreement,with or without cause, upon thirty (30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is
designated as being the principal and representative of Contractor authorized to act and make all
decisions in its behalf with respect to the specified services and work: Frank Cervantes,
Operations Manager. It is expressly understood that the experience, knowledge, education,
capability, and reputation of the foregoing principal is a substantial inducement for City to enter
into this Agreement. Therefore, the foregoing principal shall be responsible during the term of
this Agreement for directing all activities of Contractor and devoting sufficient time to
personally supervise the services under this Agreement. The foregoing principal may not be
changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the services. Contractor shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
3 Revised:112/18
720599.1
5.3 Prohibition Aaainst Subcontractine or Assienment. The experience,
knowledge, education, capability, and reputation of Contractor, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall
not contract with any other individual or entity to perform any services required under this
Agreement without the City's express written approval. In addition, neither this Agreement nor
any interest may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Contractor, its agents or employees, perform
the services required, except as otherwise specified. Contractor shall perform all required
services as an independent contractor of City and shall not be an employee of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role; however, City shall have the right to review Contractor's work product,
result, and advice. Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the
services in this Agreement. Contractor shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by
Contractor by providing written notice to Contractor.
Name: Title:
Frank Cervantes Operations Manager
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall
defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its
elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified
Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively "Claims"), including but not limited to
Claims arising from injuries to or death of persons (Contractor's employees included), for
damage to property, including property owned by City, from any violation of any federal, state,
or local law or ordinance, and from errors and omissions committed by Contractor, its officers,
employees, representatives, and agents, that arise out of or relate to Contractor's performance
under this Agreement. This indemnification clause excludes Claims arising from the sole
negligence or willful misconduct of the City, its elected officials, officers, employees, agents,
and volunteers. Under no circumstances shall the insurance requirements and limits set forth in
4 Revised:1!2118
720599.1
this Agreement be construed to limit Contractor's indemnification obligation or other liability
under this Agreement. Contractor's indemnification obligation shall survive the expiration or
earlier termination of this Agreement until all actions against the Indemnified Parties for such
matters indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final. This provision is intended for the benefit of third
party Indemnified Parties not otherwise a party to this Agreement.
7.2 Desian Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Contractor is a
"design professional" under California Civil Code Section 2782.8,then:
A. To the fullest extent permitted by law, Contractor shall indemnify, defend
(at Contractor's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of the
project is required, (individually"Indemnified Party"; collectively"Indemnified Parties") against
any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders
and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or
death of persons (Contractor's employees included) and damage to property, which Claims arise
out of, pertain to, or are related to the negligence, recklessness or willful misconduct of
Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent,
reckless or willful performance of or failure to perform any term, provision, covenant or
condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified
Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or
willful misconduct of the City and its elected officials, officers, employees, agents and
volunteers.
B. The Contractor shall require all non-design-professional sub-contractors,
used or sub-contracted by Contractor to perform the Services or Work required under this
Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-
section 7.1 in favor of the Indemnified Parties. In addition, Contractor shall require all non-
design-professional sub-contractors, used or sub-contracted by Contractor to perform the
Services or Work required under this Agreement, to obtain insurance that is consistent with the
Insurance provisions as set forth in this Agreement, as well as any other insurance that may be
required by Contract Officer.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the services required by this Agreement, or as the
Contract Officer shall require.
8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor
shall keep such books and records as shall be necessary to properly perform the services required
by this Agreement and enable the Contract Officer to evaluate the performance of such services.
The Contract Officer shall have full and free access to such books and records at all reasonable
5 Revised:112/18
720599.1
times, including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of this Agreement
shall be the property of City. Contractor shall deliver all above-referenced documents to City
upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall
have no claim for further employment or additional compensation as a result of the exercise by
City of its full rights or ownership of the documents and materials. Contractor may retain copies
of such documents for Contractor's own use. Contractor shall have an unrestricted right to use
the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Contractor shall maintain all books, documents,papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement. Contractor shall make such materials available at its offices at all
reasonable times during the term of this Agreement and for three (3) years from the date of final
payment for inspection by City and copies shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contractor covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Contractor. Any waiver by either party of any default must
be in writing. No such waiver shall be a waiver of any other default concerning the same or any
other provision of this Agreement.
6 Revised:112118
720599.1
9.4 Riehts and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative. The exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
9.5 Leeal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Contractor, or any successor-in-interest, in the event of any
default or breach by City or for any amount which may become due to the Contractor or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement nor shall
Contractor enter into any agreement of any kind with any such officer or employee during the
term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not
paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for employment
because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national
origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity),
sexual orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a `prohibited basis"). Contractor shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to any prohibited basis. As a
condition precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate
any discrimination arising from or related to any prohibited basis in any Contractor activity,
including but not limited to the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that Contractor is
in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040,
including without limitation the provision of benefits, relating to non-discrimination in city
contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in
writing and either served personally or sent by pre-paid, first-class mail to the address set forth
7 Revised:1018
720599.1
below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing
if mailed as provided in this Section. Either party may change its address by notifying the other
party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: GA Technical Services, Inc.
Frank Cervantes -President
1224 W. 9t' Street
Upland, CA 991786
P: 909-981-8600
F: 909-382-9897
Email:
Jasmine.Cervantes(o)gate chservic es.com
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event that
any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses,paragraphs, or sections of this Agreement, which shall be interpreted
to carry out the intent of the parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement,by the same.
8 Revised:12/18
720599.1
11.8 Authori The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by
so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
y
Date: �J ag �p B
APPROVED BY CITY COUNCIL David City Ma Ready,PhD
nager
Tj1,r,K J--L- 1Tltq A70 77
APPROVED TO FORM: ATTEST
By: lti
Edward Z. Kotkin, Aff6ony ha
City Attorney City Clerk
"CONTRACTOR"
GA Technica rvices, Inc.
Date: By:
r Cervantes
1-4—
Pre id
Date: A(VU X1 �S
�rq n L C-Cryen
(Secretary)
9 Revised:1/2118
720599.1
CALIFORNIA AL44URIPOSE ACKNOWLEDGMENT crinL CODE f ilao
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I oertfy under PENALTY OF PERJURY under the laws
of the State of Ceito mia.that the foregoing paragraph
is bus and correct
-- - - - - - - - - - - - - - - - -
JASMINE CERVANTES WITNESS and iW
Notary Public-California
San Bernardino County Big
Commission M 2169052
M Comm.Expires Oct 22,2020
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Description of Attached Oouanent
Idle or Type of Docunent Document Date:
Number of Pages: Si{pev(s)Other Than Named Above:
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Signers Name: Signers Name:
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I oertify under P94ALTY OF PERJURY order the laws
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JASMINE CERVANTES ware w hand oRci seal.
Notary Public-California
San Bernardino County sigFnem,
Commission x 2169052
My Comm.Expires Oct 22.2020
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720599.1
EXHIBIT "A"
CONTRACTOR'S
SCOPE OF SERVICESAVORK
Including,
Schedule of Fees
And
Schedule of Performance
11 Revised:1/2118
720599.1
BID SCHEDULEIPRICING PAGES(IFB 18-05)
AIRPORT FIBER INFRASTRUCTURE SYSTEM REJERMINATION
AN labor, equipment, materials, supervision, service, and proof of insurance to replace ALL
housing and Re-terminate ALL existing fiber optic cable connections serving as shared
infrastructure at the Palm Springs International Airport, per the scope of work and specifications as
defined In this document. No changes to the quenti ies or sizes defined In the specifications will be
allowed unless directed and approved by the City.
Pricing to include:
• ALL labor and ALL new materials to Install a new Equipment Rack to serve as the
new centralized termination point for all existing Fiber optic cabling within the Pit
room,
• ALL labor and ALL new materials to extend and re-terminate existing fiber optic
cabling within PIT Room onto newly installed rack
• ALL labor and ALL new materials to install 15 access points and three switches in
the main terminal, Bono and Regional concourses
Alrport Fiber Infrastructure System RrTerm[nation Total
Materials S
Labor(Prevailing Wage Rates Apply)
Applicable Palen Springs Tax 8.75% S
Grand Total 1 J
You must Include product specification sheets,data sheets with your bid
GRAND TOTAL LUMP SUM PRICE (in figures)
ollars
$%ham -tw o iNt V�W( tham( fa 4
� �llvtt-�_ (in w sj
In the event that additional services are required beyond the scope of work as defined In
this document,please provide your hourly labor rate(regular business haum only');
S` per hour.
t5
12 Revised 112118
720599.1
WARRANTY:
Warranty: The successful Bidder shall fully warrant an materials, equipment, and workmanship
against poor or Interior quality equipment, materials or workmanship that they provide for the
installation for a period not less than Five(5)years from the date of f61ai acceptance of the system
by the City.
The successful Bidder shall repair or replace inoperable equipment/material in a timely manner so
as to minimize the possible disruption of City operations resulting from said inoperable
equipment/material.
'Include with your bid copies your valid C-7 or C•10 Contractor's license,to install the
system you are bidding.
(Signatures):
Name of contractor su qr id GA Technical Services,Inc
Authorized signature
Printed name Frank _ Title Owations Manager
Address 1224 W 9th St.
City, State,Zip
Telephone No: 909-981-8600 Fax No: 909-382-9897
E-mail Jasmine.Cervantcs®gatechseryices.com
Please check below whichever applies:
x Yes, our company certifies that it meets the Non-Discrimination and Equal Benefits
requirements as provided herein.
No, our company does not meet the Non-IX"riminstion and Equal Benefits
requirements as provided herein.
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this IFS is required by including
the acknowledgment with your Bel. Failure to acknowledge the Addenda issued may result in your
Bid being deemed non-
responsive-In the space provided below,please acknowledge receipt of each Addendum:
Addendum(s)# 1-3 Islare hereby acknowledged.
13 Revised:12118
720599.1
REFERENCES
The City is seeking a qualified contractor who has the required license, certifications, experience
and capability to replace all housing and re-terminate all existing fiber optic cable connections
serving as shared infrastructure at the Palm Springs Intemational Airport as per the scope of work
and specifications contained herein. A minimum of three (3)references shall be submitted below
with the bid, Including contact name and phone number, for projects of a similar scope to this
Invitation for Bids.
1) Name of contractor or agency: Beverly Hills Unified School District
Contact Person: Anthony Talbert Phone#310-551-5100 X 2334
nef fiescription of,pro'act:
esign, enginger, install, test and warranty complete
turn-key information Transport Systems for Horace Mann
SChnal Aniltling R (ctriirtnrcrt rahlin� anti fihor)
2) Name of contractor or agency: Tryinp Unified School Diaf•rint
Contact Person: Ray Perez Phone# 949- '117-5163
Brief description of project:
Removal of existing fiber optic cables interconnecting
_existing MD Fs and TDF' s and install new fiber nl2tir cables
3) Name of contractor or agency: Chaffee Joing Union High School District
Contact Person: Thomas Von erharr Phone# 909-988-7411
PAs PtiOntellm!%l e, label, test and document cabling for
Local Area Network cable p an in ras ruc ure in a
classZooms. Removeexisting_CAT5 Cable and Install CAt6
Cable T. ot;a11�n--gig &ad-,1 gig fi}aer
14 Revised:1/2/18
720599.1
CITY OF PALM SPRINGS,CALIFORNIA
INVITATION FOR BIDS NO.18-03
AFFIDAVIT OF NON-COLLUSION
STATE OF CALIFORNIA )
) SS
COUNTY OF RIVERSIDE )
The underslonad, being first duly sworn, deposes and says that he or she is President
of GA Technical Services, Inc, , the party making the foregoing bid. That the
bid is not made in the interests of, or on the behalf of, any undisclosed person, partnership
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
folao or sham bid, and has not directly or Indirectly colluded, conspired, connived, or agreed with
any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the
bidder has not In any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of anyone Interested in the proposed contract; that
all statements contained In the bid are true; and, further, that the bidder has not, directly or
Indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged Information or data relative thereof, or paid, and will not pay, any fee to any corporation,
partnership, any, as n, nization, bid depository, or any other member or agent
thereof to effectuate a live or sham
By- Title PY{'S t GEC 1 1
Subscribed and sworn to before me this day of DN[ 20-0
Notary Public in and for said
County and State
FIDAVI.FRM
15 Revised:1/2/18
720599.1
notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate
is attached, and not the truthfulness,accuracy, or
validity of that document.
State of California
County of `�r1n h rin rc.It�(I
Subscribed and sworn to (or affirmed)before me on this
day of rsc e rra�l�Y , 20 1�, by r t r i IC
- '' Y V f1Yl, _
proved to me on the basis of satisfactory evidence to be the
persons whoa geared before me.
JASMINE CERVANTES
AEM NOWY PvWk-cflftml.
IRM Sato Btlrmtd ne C"
NI!Wt
Ca>lnmhsllon�2I68062
�Caatnl.E11 Ibt Del P! ^.
(Seal) Signature
.x
16 Revised:112/18
720599.1
BIDDER'S GENERAL INFORMATION
AIRPORT FIBER INFRASTRUCTURE SYSTEM RE-TERMINATION
IFB 18-03
The Bidder shall fumish the following information. Failure to complete all Items will cause
the Bid to be non-responsive and may cause its rejection.
1. BIDDERICONTRACTOR'S Name and Street Address:
GA Technical Services
1224 W 9th St.Upland,Ca 91786
2. CONTRACTOR'S Telephone Number. ( 909 ) 981-ft6on
Facsimile Number: ( 909 ) 382-9897
3. CONTRACTOR'S License: Primary Classification B,C-7,C-10
State License Numbers) 816080
Supplemental License Classifications
4. Surety Company and Agent who will provide the required Bonds on this Contract:
Name Of Surety Amarinan r'nnttrartnrs Tnrlamnit•W Cnim anal
Address 601 S FIGUEROA STREET SUITE 1600 . LOS ANGELES CA
90017—
Surety Company _American Contractors Indemnity Company
Telephone Numbers: AgentP09) 886-9861 Surety(213 ) 330-1309
5. Type of Contractor(Individual, Partnership or Corporation): Corporation
6. Corporation organized under the laws of the State of California
7. List the names and addresses of the principal members of the contractor or names
and titles of the principal officers of the corporation or contractor
Frank Cervantes President,Treasurer,and Secretary
Loren Cervantes Vice President
17 Revised:112118
720599.1
BIDDER'S GENERAL INFORMATION (Continued)
a. Number of years experience as a contractor in this specific type of work: 15 years
9. List the name and title of the person who will supervise full-time the proposed work
for this project: Daniel Rosa Prc1igcMapaggr
10. Is full-time supervisor an employee x_contract service ?
11. A financial statement or other information and references sufficiently comprehensive
to permit an appraisal of your current financial condition may be required by the City.
*WAIVED*
Is Revised:1l2118
720599.1
CITY OF PALM SPRINGS,CALIFORNIA
AIRPORT FIBER INFRASTRUCTURE SYSTEM RE-TERMINATION
IFB 18-03
KNOW ALL MEN BY THESE PRESENTS,
That GA Technical Services, Inc. as Principal,and
American Contractors Indemnity Company as Surety, are held and
contractually bound unto The City of Palm Springs, hereinafter taped the'CIV in the sum of:
Ten percent of amount bid dollars
(riot less than 10 percent of the total amount of the bid)
for the payment of which sum,well and truly to be made, we bind ourselves, our halts, executors,
administrators,successors, and assigns,jointly and severally, contractually by these presents.
WHEREAS,said Principal has submitted a bid to said City to perform the Worts required under the
bidding schedule of the City's Contract Documents entitled:
AIRPORT FIBER INFRASTRUCTURE SYSTEM RE-TERMINATION
NOW THEREFORE,if said Principal is awarded a contract by said City,and, within the time and in
the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders' enters Into a
written Agreement an the form of agreement bound wtth said Contraci Documents, furnishes the
required Certificates of Insurance, and fumishes the required Performance Band and Payment
Bond,then(his obligation shall be null and void, otherwise it shall remain in full force and erred. In
the event suit is brought upon this bond by said City and City prevails, said Surety shall pay all
costs incurred by said City In such suit, including a reasonable attorneys fee to be fixed by the
courl
SIGNED AND SEALED,this 7th day of December ,20 17
GA Technrcal Se rvi ne- (SEAL}
(SEAL)
(SEAL)
( do I)
Amerlean Contractors Indemnity Company (SEAL)
(Surety)
A
,? (SiO re) '
(SEAL AND NOTARIAL By-, Cynthia J.Young,Attame&-Fact
ACKNOWLEDGMENT OF SURETY) (Signature)
21
19 Revised:112118
720599.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate vonfias only the identity of the irtdrviduaf who signed the
document to which this certificate is attached,and nor the truthfulness,accuracy,or validity of that document.
r
date of California
xh.
County of San Bemardino
On 12/07/17 before me, Salisha T.Averharl.Notary Public
Nome e.M Iwo a1 on"-leg.-Jervr ON,Nvory pubec'I
personally appeared Cynthia J Young
N~Al al sgneriel
who proved to me on the basis of satisfactory evidence
to be the person whiose name Is subscribed to the
within inStrument and acknowledged to me that she
executed the same In her authorized capacity,
iu t AYfflNARt
dntl5 and that by her signature on the instrument the
6 person,or the entity upon behalf of which the person
commssuoa r ERMFI
v Nally FuM,ClatarnYa acted,executed the Inslrumenl,
San ar"Mmnd Caavdy
Gann,E4res in 11 20169 1 certify under PENALTY OF PERJURY under the laws of
the Stale of California that the foregoing paragraph is
true and correct
WITNESS my hand and offioal seat,
t :' f
OPTIONAL
)hough bu Intormaton below i%ror t@Wmd ty 1aw,tl may twme vduab'e to p� rotyrg on et,dmunenl and goad prevent hats"CW t
rtmovar dad readoohme l al rlMs hrm to"ho dm n ery
Description of Attached Docrmtent
Title or Type of Document
Doaanent Oate: Number of Pages:
Signer(s)Other Than Named Above:
Cspacily(ies)Claimed by Sigrtar(s)
Signer's Name:
C) lncirvrdual radarm ere r<a
O Corporate Officer
Title
O Partner — ❑ Limited CI General
0 Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
Other.
Signer is Representing:
20 Revised:1/2118
720599A
DEPAIt'fMENT OF 1NhuxA-NLkj
SAN F L4NCISCO
Certificate of Authority
THIS IS TO CERTIFY, That,pursuant to the insurance Code ofthe State of California,
Amrerican Contractors Indemnity Company
of Los Angeles, California, organised under the laws of California,subject to Its Articles oflncorporation
or otherfundamenial organizational documents,is hereby authorized to transacrwithin this State,subject to
all provisions of this Certificate, the following classes of insurance-
Surety
as such classes are now or may hereafter be deed in the Insurance Laws of the State of California.
THIS CERTIFICATE is a rpressly conditioned upon the holder hereof now and hereafter being In
full compliance with all,and not In violation of any,of the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect and
applicable,and as such laws and requirements now are,or may hereafter be changed or amended.
IN WITNESS WHEREOF,effective as of the 23rd day of H y, 1994,1 hays
hereunto set my hand and curved my off cial seal to be affixed this
24eh day of December,2005.
Fee $2,361.00 Iohn Garemendi
Arruni ce CamedatWW
Rec.No, 578370
Filed 10*4190 By Victoria S.Sidbury
certification
1,the undersigned Insurance Commissioner of the State ofCalijornia,do hereby certify that I have
compared the above copy of Certificate of Authority with the duplicate of original now on fde in my ofl"ucP,
and that the same is o full, true,and correct transcript thereof,and of the whole of said duplicate,and said
Certificate of Authority is now in full force and dot=
IN WITNESS WHEREOF, I kavc hereunto set my hard and caused my
official seal to be of axed this 13th day of December,2006.
John Garamendi
lesaruete coftwsiweer
21 Revised:112/18
720599.1
POWER OF ATTORNEY
AmisuCANCONmALTOW [mEMNlfYCt1MPANY TOWHONINNGCOMPANY
UNREDSTATESSURETYCOMPANY U.S,SPEClALTYINRA&NCECOMPAN'Y
KNOW ALL MEN BY THESE PRESENTS: Thu Americtm Contractors Itdemnity Company, a California cwWralioa, Texas
g Company,an assumed time of American Coatrocton Indemnity Company, United Stales Surely Company.a M arylaad
tioo and U.S.Specialty itmurance Company,a Texas corporation(collectively,The'Companies').do by these presents make,
constitute and appoim:
Jay P,Freeman,Lawrie&Druek.or Cyathla A Young of Sam Bernardino,Caillforais
its true and Lawful A iamey(s). fact,each in as&separate capacity if more than one is named above,with full powa and authority
heteby conferred in as name.phroa and stead,to cxacuio,acknowledge and deliver any and all bonds,recogabowtx,aodertaklags
or other jessir aseats or C"Irects of wtretyakip to ladilde riders, amoodmeam and consents of surety,providIn the band
pmaUT does not exceed •••••Three Mgftw ••• Domes(S ••
This Power of Atiorncy,shall expire without lather action on Novonber 3,2019• This Power of Attorney is granted under and by
authority,of the following resolutions adopted by the Boards of Directors of the Cominkaies:
At o gtaaA+m!cut We PmideaL SAY Yico-Plas8ki.any Andaman Yicc4sreaskm any Sarcs sy es my Azb+tw Secretary Shag as and k kuby W11011 wtb fun
porn and sudtartry b appehn war one or mote is"k potions a AWmeytsl-ia•P&d b repreawu aid ap for and an bdWf err the CnmPa,y siaioce a the knowing
paraium.
.ruo..erin-Fort may be sines fun power and atah"far and in the wage of ad oa Mkdr of dre conviaty,to cx xam,ackna.Ardae and debt.say am at buds,
tecul{satssat taaaaeL% agrceaens m iadmanty and nowt essmisa mat err abligaery 1atAanskitp,whdws my And all nataw for the session of Mtivsd
prlCpNfaee sd'm fhms tlmlam es,ex&w rag and ansuagah,ranwa,and a"and aU raricw and dafmMaM eaacdma or Ietmimlina Iko Company's haaday
d,endtx.and my web lmirannm w clamed by nor nxb Arms,-afro shall be biding Span tkc Compmy a if Aped by din ih.sddaw and Sailed and efmded
by dr CmPmnlc SsVKWY
Be a Aavf.rd Sal as sisinsur,:of wry aatharLud aMw and Fart of she C,myay kernafatc or bneaats affixed b my/&wet sf anaacy err way CoNdcNr r0101lr,e
sheep by ftcsimik,uW my ports of samsey urceltfAeale karma 6®aile Synnme m factirmle sal stun be seed ad binding won she Cmgtaty atoll teapett to a<Y
bead a sodvmtieg w*hid d Is muchod,
I N WITNESS W I IEREOF,The Companies have caused this instrvmcai to be signed and their corporate scab:to he hereto stf X4 this
I so day of November,2016.
AMEIUCAN CONTRACTORS INDEMITY COMPA.'iY TEXAS BONRING COMPANY
(. `rporme Seals UNITED STATES SURM COMPANY US.SPECIALTY 1NSURANCECONPANY
r B
,pO
Daaki P.Agrlh sire Pry
Ytir.,im
A la/tary pdMlc or other offim,ampietiag this eardrw oe verifies only dic idrnlity of are ides Wl who signed the
docurmam to winch this tertificxu is attached.and not the muthgd.ns.ssearary,or vdhhty of tkat docwDccl.
Suacur Cafifomis
Chose'a Los Aaaeks SS:
On this In day of Novaaba.:nl a,bcfare Lae,SAhin Almpaneia,a noury pahse, pmmdlY sdaSnkd Damd P.Aguilar,Vice Paasidem of American
Coaamnms Indemnity Company,Tetas Bwidiaa Campaoy,tfaited Snaes Sun:ry CaaPmy sad US.Spepahy lauantx Campmy wbo proved to me as
doe basis of s+dla is ry evidence to be die penises wkou nme is mbecisbed sin the within i mtia nt end ariumwdedsad to me*A he eaoculed the lama in
his rrlbariasd rapacity.and that by bit aiq,naac oa One hatruacm the p:non,or the rntiry upon behalf of which the prSao seal r:aavnd red iemlmmm,
1 certify in da PENALTY OF PERJURY under the laws of flk State of Cahforni sae the finesolsy Prapal+h is eta ad mneol
M'tRtESS mY Iurad sal aAielel seal.
isgau tdaaaEYSIEr
Cammns4e a 1%zow
Slgaasue (Seat) Warf Pan:•CaYade
Los Awles Camay
YComa this L30"
1,Kto Lo,Assisawt Smmacy of Americans Cose amps Indemnity Company,Texas Bonding Cornlasay,United Smso Surety Company Sad U.S-
Spaciahy hunsrance Carspany,do hereby certify that the sbawe and faraCaW is a true and correct copy of is Power or Anumey,ex"cil by said
Componick which a still in full force and effect:Nnhomosa.the ftsalatims of the Bealrtls of IXrecfnn,W art as she Power of Attorney are in full
force and Affect.
In w Whereof,I have hereume,set my hand and affixed The seals of said Coinpamas at Los Angcka,Califomia this day
corporate Seals
.!f
( awn Kb la,Assistant Secretary
Bond No-
:1.7,r.
Agency No. 3301 `ti;
22 Revised:1/2/18
720599.1
Pni
INVITATION FOR BID
FOR
-?:I AIRPORT FIBER INFRASTRUCTURE SYSTEM
RE-TERMINATION(18-03)
r 1
irF�.xN
ADDENDUM NO. 1
This Addendum Is being issued for the following changes and Informational items:
THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON
THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE
REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
CLARIFICATION OF INSTRUCTIONS TO BIDDERS:
Pre-Bid Walk-Through of the work site and existing facilities,which will be conducted by the City
to acquaint the Bidders with existing site conditions. The NON-MANDATORY Pre Bid
Conference and tour will be from 8:30 a.m. —10:00 a.m, local time, on Tuesday, December 5,
2017 at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs,
California,in the 2nd Floor Conference Roan.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
4
Procurement Specialist It
DATE: December 4,2017
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: GA Chnical Servic s Inc
Authorized Signature: Date: 12/2 7/17
Acknowledgment of Re44 of Addendum required by signing and including the
acknowledgment with your Bid:'-Failure to admowledge this Addendum may result in your Bid
being deemed non-responsive.
23 Revised:12118
72D599.1
O 48: The sequence of activity involving the Interception, transfer and testing of the existing
fiber optic cables to the new termination housings will 'include an interruption of service.
Are there guidelines in place for this,for example, airport scheduled times to perform the
work that requires the interruption of service, the coordination with airport techs to Install
the new patch cords to bring up service through the new cable condition?
A 48., The contractor wHl coordinate a schedule with the airport for service interruption
and be responsible forinstaHing new patch cords.
BY ORDER OF THE CITY OF PALM SPRINGS. CALIFORNIA
ow(5ift
Procurement Specialist II
DATE: December 12.2017
ADDENDUMACKNOWLEDGM __._
Proposer Firm Na :me � ( .1 i - 6% i 03
Authorized Signature: Date: ( Z L&J
Acicnowledgment Of Receip Addendum 2 is required by signing and Including the
acknowledgment with your Bid. Fallure to acknowledge this Addendum may result in your Bid
being deemed non-responsive.
24 Revised:112/18
720599.1
INVITATION FOR BID
y
FOR
AIRPORT FIBER INFRASTRUCTURE SYSTEM
RE-TERMINATION (18-03)
ADDENDUM NO.3
This Addendum is being issued for the following changes and informational items:
THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON
THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE
REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS,
The City has received the following questions and Is hereby providing answers thereto:
Q 1: It was brought up In the Pre-Bid Walk-Through what type of connectors were to be
placed in the(2)new 4U rack mount fiber patch panels.
A 1: See Question and Answer 11 Addendum 02
Q 2: 1 would also like to get a count on the number of jumpers currently patched to accurately
estimate cut-over costs in labor&material.
A 2: 106
Q 3: It was also brought up in the Pre-Bid Walk-Through about a cut-over schedule,whether
this would be an after-hours(night)cut-overt Is it possible there are sufficient spare
fibers to do a roll over cut or will this be an out of service cut-over?
A 3: It is possible to do a roll over cut given the number of spares
Q 4: Will a drawing be provided for the approximate locations of the (15)WAP's so we can
get approx.distances,environment,elevations, possible lift requirements etc.?
A 4. See Question and Answer 28 Addendum#2
O 5: Will there be a requirement for an additional Cat 6 cable for the WAP's for redundancy or
another programmed bandwidth?
A 5: No.
Q 6: For the fiber optic extensions in the Pit Room,will there be a Service Loops requirement
for each cable?
A 6: ff slack is not available,then no service loops will be required.
Q 7: For the fiber optic extensions In the Pit Room,will the multimode=requirements be OM3
or OM4.
25 Revised!1l2118
720599.1
A 7: See Question and Answer 38 Addendum#2
O 8: For the fiber optic extensions in the Pit Room at the Corning 4U rack mount fiber patch
panels, will the fiber termination requirements be SC or LC connectors?
A 8: See Question and Answer 11 Addendum#2
09: Install the following sections of new fiber optic cabling between consolidation splice point
and new frame to extend fiber from current locations to centralized management point.
Please identify and clarify"consolidation splice point'and'centralized management
point'.
A 9: -Consolidation splice point Is simply the splice point
-Centralized management Is the rack with fiber patch panels
0 10: Will there be a requirement for fiber optic patch cords?
A 10: See Question and Answer 4 Addendum#2
Q 11: Will there be a requirement for copper patch cords for the WAP's?
A 11: See Question and Answer 4 Addendum#2
0 12: When I add up the number of fiber strands comes to 190 but rip says:
"Install related cassettes,Subscriber Connector coupler panels and factory pre-
terminated pigtails as required to re-terminate(214)strands of existing fiber optic cabling
to support customer's active components." Is there one location missing?
A 12: Please refer to DWG.NO.SS-001B Plan for 214.
BY ORDER OF THE CITY OF PALM SPRINGS,CALIFORNIA
aeal GAW
Procurement Specialist it
DATE: December 20,2017
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: GA hnical Servic Inc
Authorized Sigr tu A Date: 12/2 7/17
Acknowledgment of Receip of ddendum #3 I required by signing and including the
acknowledgment with your Failure to acknowledge this Addendum may result in your Bid
being deemed non-responsive.
26 Revised:1/2/18
720599.1
ACONTRACTORS STATE: LICENSE BOARD
Contractor's License Detail for License # 816080
DISCLAIMER:A licanee Status chock provides information taken from the CSL9 license database.Before relying on this
Information,you should be aware of the following limitations,
CSta Cpm7iinl MAOM M n rn111[r!.!by WW lord(]124.91 M IRS OV0 6 sl4 4 b;-W"Mp*rM dWCWi .s r b Comptrnl 4iMrn j!!!I appall bekm E iG1 Gn
Ir!k*P Mon la M0 o PWM 1nLhr Yad WWhm M�melielt
r''�$aP 7C7t 17 aVr G/nMWCbnrnbeNl GWiib0ylwYl rlpgned Wile CSLearl RfG►Yf�
rvesdrini ww rvpl N1e!unless br pp,beC.b his W rpnp¢x2h lte Manc d 1M m IliMacon
C1,!G wd UuW IhvA Tar G r!1!lary wbngalipl+Mlr raS M ON bell eslvld Wp Ill!am1tr5 1rAw"e as baw
Data current as of 1212812017 3:20 48 PM
Business Information
G A TECHNICAL SERVICES INC
1224 W 9TH ST
UPLAND.CA 01762
Business Phone Num0er:1gog1 sal•a600
Entity CorptraUcn
lassie Date 12t=002
EAPfe Date 1 213112 01 8
Dense Status
This license is current and active.
All Infomation below should be reviewed.
0lassiricaltions
C-7-LOW VOLTAGE SYSTEMS
CID.ELECTRICAL
B-GENERAL BUILDING CONTRACTOR
Bonding Information
Corltractoes Bond
TNs bcense bled a Contractor's Bond wish WESTERN SURETY COMPANY
Bond Number.62599330
Bond Amount:515.000
EMective pate.0170&2016
CorvriKtors bond Hisiory
Bond of Qualifying IndivhYial
The qualifying Indiv10ua1 FRANK CERVANTES cartified Inat hetshe owns 10 percent or more of We voting suicvrromberslllp
w4drest of this company.gwrekne,Bw 90nd Of O",Irng rndl dual is nol required
Effective Date:01713Q010
Boi's Bond History
Workers'Comoansati rgg
This license has workers Compensation insurance with the INSURANCE COMPANY OF THE WEST
Policy Number.WSD5027838
Effective Data: 10/09/2014
Expire Date: 10/0912018
Workers'Compensation History
27 Revised:1018
720599.1
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
28 Revised:1018
720599.1
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Contractor's performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers' compensation insurance in accordance with California
workers' compensation laws. Such insurance shall be kept in full force and effect during the
term of this Agreement, including any extensions. Such insurance shall not be cancelable
without thirty(30) days advance written notice to City of any proposed cancellation. Certificates
of insurance evidencing the foregoing and designating the City, its elected officials, officers,
employees, agents, and volunteers as additional named insureds by original endorsement shall be
delivered to and approved by City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the same shall
not be construed as a limitation of Contractor's obligation to indemnify City, its elected officials,
officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required
under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars($2,000,000)general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00)per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at
least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000)
annual aggregate is:
required
is not required;
4. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor's
insurance coverage shall be primary with respect to the City and its respective elected officials,
officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents, and volunteers shall be in excess
of Contractor's insurance and shall not contribute with it. For Workers' Compensation and
Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and
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720599.1
contribution it may have against City, its elected officials, officers, employees, agents, and
volunteers.
4. Errors and Omissions Coveraee. If Errors & Omissions Insurance is required,
and if Contractor provides claims made professional liability insurance, Contractor shall also
agree in writing either(1)to purchase tail insurance in the amount required by this Agreement to
cover claims made within three years of the completion of Contractor's services under this
Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in
the amount required by this Agreement for at least three years after completion of Contractor's
services under this Agreement. Contractor shall also be required to provide evidence to City of
the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class
VII, or better,unless otherwise acceptable to the City.
6. Verification of Coveraee. Contractor shall famish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Contractor's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No. " or 'for any and all
work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. or 'for any
and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
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720599.1
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Contractor's obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions with respect to the City, its elected officials,
officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Contractor guarantees payment of all deductibles and self-insured
retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
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720599.1