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HomeMy WebLinkAbout04877 - GDI COMMUNICATIONS MICROWAVE SIGNAL MAINTENANCE RAMON SPC Page 1 of 1 Kathie Hart From: Carrie Rovney Sent: April 13, 2009 11:11 AM To: Kathie Hart Subject: RE: A4877 -GDI Communications LLC -Test Tune & Realign Microwave Heads Final payment made PO closed Ok to Close contract Thanigs I CaTmic x8160 From: Kathie Hart Sent: Thursday, April 09, 2009 5:52 PM To: carrie.rovney@palmsprings-ca.gov Cc: ]ay Thompson Subject: A4877 - GDT Communications LLC-Test Tune & Realign Microwave Heads \ M Has this been completed? OK to close? The agreement expired in 2005. Kathie Hart, WC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 `F (760) 323-8206 18— (760) 322-8332 2 Kathie.Hart@PalmSpringsCA.gov 04/14/09 GDI Communications Microwave Signal Maint AGREEMENT #4877 CM signed 5-3-04 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR --------------------------------- RAMON ROAD & PALM CANYON DRIVE MICROWAVE SIGNAL COMMUNICATION \ MAINTENANCE SERVICE THIS CONTRACT SERVICES AGREE_MFNT (herein "Agreement")is made and entered into this*b( day of 00 - , by and between the CITY OF PALM G SPRINGS, a municipal corporation ( ereln "City") and DI Communications LLC (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the"Scope of Services" attached hereto as Exhibit"A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits Fees and Assessments. 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. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"B" and incorporated herein by this reference, but not exceeding the maximum contract amount of seven thousand five hundred dollars ($7,500.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B" Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Ray Cauduro is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Richard Jenkins is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. A:\USERS\ENG\Contr.Agrecmenis\GDI Maintenance agreement\00 FORM-Contract Service Agmt Short Form 8-21.02.wpd -I- 'A'tf'�41��5�Ha ljY�lvl 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the 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 herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. 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. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least$1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit B. All of the above policies of insurance shall be primary insurance. (Reference Section 4.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of H:\USERS\ENG\Contr.Agreements\GDI Maintenance agreement\00 FORM-Contract Service Agmt Short From 8-21-02.wpd -2- damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom, (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 4.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 4.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and H.\USERS\ENG\Contr.Agreements\GDI Maintenance agreement\00 FORM-Contract Service Agmt Short Form 8-21-02.wpd -3- the performance bond required by this Section 4 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until June 30, 2004. 5.2 Termination Prior to Expiration of Term Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication 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 prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integratiom Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. I-I:\USERS\ENG\Contr Agreements\GDI Maintenance agreement\00 FORM-Contract Service Agmt Short Fonn 8-21-02.wpd -4- This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so,material-that its,invalidity.oeprjYes either party of the basic benefit of their bargain or renders this Agreement Meaningless. 6.8 Waiver. No delay or omission 14the,exercise of any righVor remedy by a nondefaulting party on any default shall impair such:right;gr,remedy or. be,corjstruedwas a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by L4ther-parfy�ofany..defaultmust_b6 in writing and shall not be a waiver of any other default concerti tng-tb9 sArloe pf anypther;proyisipo of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (III) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SIGNATURES ON NEXT PAGE H:\USERS\LNG\Contr.Agreements\GDI Maintenance agreement\00 FORM-Contract Service Agmt Short Form 8-21-02.wpd -5- Agreement over/under $25,000 Teviewed and approved by Procurement & Contracting InitialsDate P.O. Number IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above -( "ZCITY OF PALM SPRINGS ATTEST: a municipal corporation By. Ity Clerk By. CITY CONTRACTOR: Check one:_Individual_Partnership_Corporation -t' _ _ .,. Signature(notarized) � ,�� Signature(notarized) Name: /i_a?yGt � ! ` l.� °/ Name Title: (This Agreement must be signed in the above space by one of This Agreement must be signed in the above space by one of the following:Chairman of the Board,President or any Vice the following:Secretary,Chief Financial Officer or any President) y p Assistant Treasurer) State of N.'Q-,Jfx 47.:i State of County of M--ZZ ss County of 55 O n _ _t ?_i- I _C L{- ,¢� before ine , On before me, , 19ld &I g— personally appeared personally appeared Fra4yk�t7N _ram: Ice lib personally known to me (or proved to me on the basis of per 9ettnl)rkrmtvtr-ter--me (oi proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are satisfactory evidence) to be the person(s) whose narue(ej- is/are subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/then authoozed he/sheAhey executed the same in his/ho;4heir authorized capacity(ies), and that by his/her/their signature(s) on the capamty(n ), and that by his/harFThu-�r signabre(s)- on the instrument the person(s), or the entity upon behalf of which the Instrument the person(s)- or the entity upon behalf of which the person(s)acted,executed the instrument persoa(zj acted,executed the instrument, WITNESS my hand and official seal. WITNESS my hand and official seal Notary Signa ure: '^i!"✓luw L't-�`''�A�.,�' Notary Signature: Notary Seal: Notary Seal: s,-> ,�„_.,,. .. NOTA6� PUBLIC"' UBLIC 4 r° STATE OF NEVADA e.;ounHyoY4NasVua© ,y r�e,sx��uw.a �19�8ie71_ �@1�AY� �pMyY�A pp Fitment Expirra. June 2,2004 IJ:\USERS\ENG\Conti.Agreements\GDI Maintenance agreement\00 FORM-Contract Service Agmt Short Form 8-21-02.wpd -6- vw/ea/evvw iv:za rAA aqu zza 1180 ALESRIRE & WYNOER, LLP 12 002/004 . ALESHIRE SZ 18881 Von Karmen Are. W'YNDER,, LLP Suite400 ATTORNEYS AT LAW Irvine,CA92612 Phone 949,223,1170 www.awu uorneyc coot Fax 949.223.1180 April 29,2004 SENDER'S E-MAIL: @AWATTORNEYS.CQM Via Facsimile and U.S.Mail Carrie Rovney City of Palm Springs Department of Public Works and Engineering 3200 E Tahquitz Canyon Way, Palm Springs,CA 92262 Re: GDI Communications Contract Dear Carrie: Enclosed please d the signature age for the GDI Communicatio con ct which has been executed app ved as tOVF{n PI a call me with any que ns, Very truly yours, ALESHIRE& I LLP C% f O Tiffany J. Israe TI: Enclosure �r 1 003/00 52 4/3 0w.oi 04/29/2004 10:24 FAX 949 223 1190 ALESNIRE A WYNDER, LLP 16 003/004 • APR-28-2004 WED 11154 AM CITY OF PALM SPRINGS FAX N0, 760 322 8325 P. 07 IN WITNESS WHEREOF, the parties have executed and entered Into this Agreement as of the date first written above CITY OF PALM SPRINGS ATTEST: a municipal corporation CONTRACTOR: Check one: ,individual—Parinersnin_Corporadon iPPROYED AS TO FORM By, �STpnoT'r�ilotanxa y Signature(notarized) Nomc•:,�,�'I/!�''��••�•t=.,r✓:�J'i��•✓ y Name: 7(IL: 71'�.Sy =a:L��... 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N•1'I FII F$my hood alnt drl ipinl seal Nolan tiirnnalre: Ajrfxad- 41kii g-&1�/ Notary Signolnrc:._ Nlmary Suit! Nattily ScaL �� h10'frtFIYPUBEIO ' S'I'ATE:Or-NEVApq 'Nr• nor., r�NNIE Ot �In�llrituri ENplre3 Juna2 Q(yp4 11.1tlF.flritanr?N(IkConlnAgru:nuars\Ulft Mainlannncc niiNTmcniWO FORM-Contract Scrvioa AWnI Shen Form 6-2I-02.Hpd 04/26/2004 WED 12:50 CTX/RX No 5TB2] 16 007 EXHIBIT "A" SCOPE OF WORK Taskl Test, tune and realign 28 microwave heads on Ramon Road from Farrell Drive to Crossley Road & East Palm Canyon from Sunrise Way to Cherokee Drive, inclusive. This work shall include checking electrical connections, head alignment and frequency settings of all microwave receivers and transmitters. This work shall proceed within 10 working days from the notice to proceed and shall be completed within 14 working days from the time the contractor begins working. H:\USERS\ENG\Contr.Agreements\GDI Maintenance agreement\00 FORM-Contract Service Agmt Short Form 8-21-02.wpd -7- EXHIBIT "B" SCHEDULE OF COMPENSATION Task 1 Contractor's compensation for work described in task one of Exhibit "A" shall be billed at $7,500.00 lump sum. FI:\USERS\ENG\Contr.Agreements\GDI Maintenance agreement\00 FORM-Contract Service Agmt Short Form 8-21-02.tvpd -8- EXHIBIT"C' SPECIAL REQUIREMENTS Section 4.3 "Performance Bond" is waived. H:\USERS\ENG\Contr.Agreements\GDI Maintenance agreement\00 FORM-Contract Service Agmt Short Form 8-21-02.wpd -9- MAR-02-2004 TUE 10:32 AM CITY OF PALM SPRINGS FAX NO, 760 322 8325 P, 02 I`fH 05 2004 11 : 1CiTihl GDI CCMMUNICATICIN 77S 245 0010 Gulp Aye E1'EMON UEEMKTA INB; 177502715g4; Fwb 4-04 "' :05PW• p.2 .OMB, CERTIFICATE OF LIABILITY INSURANCE 1:"7TWW 0 IFAX- u►suab sw►T7s�eOPl nan K`a'U $tr V:9 yTa-YIen1CP xr"aaraeca o LY NO UPON 7NG cwll�TG �690 E, pl4wii 1,4MTr�, Suite 100 �71�1[AF=A MQTAIIBYO. 01% P'a, ua'■ r234 _ K"o, RW 49M aiBUR M RPI'QMNl cOYLftmm NAIL 11 wi:�Dnll' v ring 1CnaErti wad w.u.r znsupsne! cramp MA! COX tl"W"icatins LV MauMrKr f c V1Wa .1]10 nuLaiwc: YerdiI w 00439 wwLninrx _ wWVXkne ' �� nAu•tut__°_._��-.°_-...-___,__...„..-,�.._. 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' Jlhztt gN.•w00 NOW & palm cAny4m Drive Nierouave Sillwl eommineiaw INintawwcw sarvlce 10 Awo woticrl applies for cDwcellacim" fear war-pnxawt or pr*mLkm. 11N01e AMr nnM A•OYR DncarnlDucal•■rawcaLe•ealo■•TwA wAauworl w'R nips.rx■Wn4CNW IrRwwtXeIAVPRtP aA1L c4tyv tvf PD1wT Spriwga -DAn wwTTtANDna■rDT,.onroAun"n■L TMArAaTeyH■ueR. dkctwS C YItrmct I0ffleor OW PA&UPE M1YADOWNnunOD•HAu_r0i1.Oaa�wrTor Fil Ul1AN.M po plan 2141 aAw wwuPaw rwevw■■gmwal9now■vr■IIvrATIwoL p lw 5pr•Ingr, to OIA46A <ulw9larDlos■iwamATws r, 1 4 Acopw live PPr9ogsa QACMD COR nON 11w MAR-02-2004 TUE 10:32 AM CITY OF PALM SPRINGS FAX NO. 760 322 8325 P. 03 F'FB 05 2004 11 ; IanM Q01 COMMUNICnTION 775 345 13010 a&ItG I+y; fi7Y,"1"tI(7N [iEENCfY tNS; 1 7 768271 68a• p. 3 Feb•4.00^" '1;05FIAI Page 2/2 COMMERCIAL GI':NERAL 1AAE111 ITY CC 20 10 03 97 POLICY N1CPMDAM Md II52FLE THIS RNOOK SLMLNT CHANGM THE POLICY,PLEASE READ M CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION T(H291046ORS14 MENT MODWIRfS INSURANCE PROVIDED UNDER THE FOLLOWHNGI COMM11441RC ML CEnRAL LIABILITY COVERAGE PART NAME OF PEJI$OK OR ORGANIZATION 5CHEDIII.E City Of fthn Spr4% Project Raman Rmd.Y,Palm Canyon Drive P D tkA 3743 Microwave Sigaal Cmlmuhiemlan Maimtenatrx SorvIct Mai Sprirgc CA 92263 (IF NO ENTRY APPEARS AROVFS INFORMATION REQUIRED TO COMKITE THIS EM)0RSEW,NT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS EN00)tswaw) W410 IS AN INSURED(SECTION 11)IS AMENDED TO INCLUDE AS AN INSURED THE PL'RSDN 09 ORGANIZATION SHOWN IN THE SCHEDULE, RUT ONLY WITH RESPECTS TO LIAHILI°kY ARISING OUT OF YOUR ONGOING OPERATIONS PERFORMED FOR THAT IHSIIRFD, %X)Q 11NSURANCE AS IS AFFORDED BY THIS ENDORSEMENT FOR THE ADDITIONAL, INSUMV 30ALL APPLY AS PRIMARY INSURANCE ANY OTHER INSURANCE MAINTAINED BY THIS ADDITIONAL INSURED OR ITS OFFICERS AND EMPLDYEF$ SRALL BE EXCESS ONLY AND NOT- CONTRIBUTING WITH TIM INSURANCE AFFORDED BY THIS kiNDOIL6IP:I+my WE WAIVE ANY R161I.1• TO RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCKEOULfi BECAUSE OF PAYMkNTS WE MAKE FOR THE INJURY OR DAMAGE,, THIS INJURY OR DAMAGE MINT ARISE OUT OF YOUR ACIWITLES UNDVR A CONTRACT WITH THAT PERSON OR ORGANIZATION. THE WAIVER APPLIES ONLY TO T}!1G PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ALL,(TIHER TERM AND CONDITION$OF THIS POLICY REMAIN UNCHANGED CG 20 10(1-97) APR 06 2004 12: 01PM GDI COMMUNICATION 775 345 8010 p• 2 I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY IN�Lq YENf IMEYNFNC! qCN PFN♦ � Os NIv.,OF, I dNuowlU�) -------iNFORMATION PAGE COMPANY Employers Insurance Company of Nevada,A Mutual Company POLICY NUMBER ��- ---- — r_� NWC40562201 NCCI Co. No. 34924 -" PRIOR POLICY NUMBER 1. INSURED AND MAILING ADDRESS NWC40662200 GDI COMMUNICATIONS LLC Entity Limited Liability Co FEIN 942697507 PO BOX 1330 Board File Number VERDI, NV 89439 Group Reference OTHER WORKPLACES NOT SHOWN ABOVE: See Schedule 2. The policy period is from: 7/16/2003 12:01 A.M. to 7/16/2004 12:01 A.M. at the Insured's mailing address. 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers'Compensation Law of the states listed here: NV B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in item 3A. The limits of our liability under Part Two are; Bodily Injury by Accident $ 1,000,000 Each accident Bodily Injury by Disease $ 1,000,000 Each employee Bodily Injury by Disease $ 1,000,000 Policy limit C. Other States Insured: Part Three of the policy applies to the states, if any, listed here: All states with the exception of monopolistic states. Marsh Fmvantaoe America and ne affiliated companies i°Ma nsh? may ham agreements wah-Insurers proAdlnp dw insurance coverage which is plaoed by Marsh pursuant to which Marsh may derive compensation cormngem upon such falcon as tlk slu. D. This policy includes these endorsements and schedules: proAmWoroverauprolmblmyoflom business placed byMNeh with such Insurers. Such contingalt eampensatlm is considered an See WC 00 00 03 Indushy standard and would be In addd"an to any dher oanpensa• don Marsh may race"such as raw and allolrme broloraga kes or commissions,a mmishadm lees,eto. 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plan.All information required below Is subject to verification and change by audit: See Extension of Information Page. Minimum Premium: $900 Total Estimated Cost: $9,554 Interim Adjustment of Premium Shall Be Made Annually Deposit Premium: $1,814 Interim Payment of Premium Shall Be Made Monthly PRODUCER MARSH ADVANTAGE AMERICA PO BOX 7575 RENO, NV 89502 Authorized Repre tiv Servicing Office: , Countersigned B . 9790 Gateway Drive Reno, NV 89521 Date: 0611 1/2 0 03 WC 00 00 01 A ircludas WW[aht m erlah of V*NallonW Coundi m Compmaeem insurance,W.umdwah is pmmlsolon.CopAW M7 NOU"I Cau,dl on Compuretlon lmumce,lne. Form;%0 (vdz v,9)