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HomeMy WebLinkAbout04536 - FMC AIRPORT SYS PASSENGER BOARDING BRIDGE pA�M sA City of Palm Springs moo`` * Office of the City Clerk 0 (760) 323-8204 V N MEMORANDUM o�tIFoVL Date: August 11, 2003 To: Airport—Janet Buck From: City Clerk AGREEMENT#4536 — FMC — Retrofit Load Bridges Please let us know the status of the above agreement, and if it may be closed. Termination Date of Agreement: Terminated by City 01-23-03 STATUS: COMPLETED: REMAIN OPEN UNTIL: Date & Initials CLOSE AGR � tu�r Signatdre PLEASE RETURN TO THE OFFICE OF THE CITY CLERK c-clk\fomis.std\agr-clsc.mem FMC Airport Systems Passenger Boarding Bridge AGREEMENT #4536 M07124, 7-17-02 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR PASSENGER BOARDING BRIDGE MODIFICATIONS (SHORT FORM) THIS CONTRACT SERVI ES AGREEMENT (herein "Agreement') is made and entered into this�day of , 2 , by and between the CITY OF PALM SPRINGS, a municipal orpor ion (herein "City") and FMC Airport Systems, Inc (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. Forthe 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 bythis reference, but not exceeding the maximum contract amount of Sixty Thousand and seventy-seven Dollars ($60,777) ("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. Rolf Lenthe, Sr Project Manager, Refurbishment Services 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 connectio;, 3.2 Contract Officer. Craig Toms, Airport Maintenance Superintendent 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 FMC Airport Systems Boarding Bridge Modifications it 9 Lh1 �o aL I d?.is'f_�;'�� I therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 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 accordancewith standard ISO additional insured endorsementform 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 sufficienc;.; rgh.s 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, FMC Airport Systems Boarding Bridge Modifications -2- 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 damages to any persons or property resulting from the Contractor's activities orthe activities of any person or persons forwhich the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreementthe 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 orwillful 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) Contractorwill promptly pay anyjudgment 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 ,i-, 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 FMC Airport Systems Boarding Bridge Modifications -3- 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 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 earlierterminated in accordance with Section 5.2 below, this Agreement shall continue in full force until completion of the work, as outlined in Exhibit A. 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 Ay........_.'. 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 FMC Airport Systems Boarding Bridge Modifications -4- 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, DEPARTMENT OF AVIATION, 3400 E TAHQUITZ CANYON WAY, SUITE OFC, 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 Integration; 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. 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 bedeclared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreementwhich 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 deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as 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 either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision 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. FMC Airport Systems Boarding Bridge Modifications -5- 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. FMC Airport Systems Boarding Bridge Modifications -s- WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST f/ a municipal corporation City Clerk City Manager APPROVED AS TO FORM: y� B —� ('r,. eLLa�i'�'tJ�i/'u 'PJ��SI� ?Gli':;, k%�'' �Cy'C)rriltrsl✓1��L City Attorney w�4� CONTRACTOR: Check one:_Individual_Partnership_XCorporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By: Z By: Signature (notarized) Signature (notarized) Name: Bwcbatca H. HeAAmann Name: Title: Gene�a2 Manage,, Title: State of ul State of I Counn of We Ph ISS County of Iss vv �� 11 On` TGi'tleforeme, liie�>�da'�i I/1 �LL� On before me, personallyappeared dl-�f2��, i"� "1 d�L'd'i�.�a��� personally appeared personally known to me (or proved to me on the basis of personally known to me (or 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 name(s)is/are subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized that he/she/they executed the same in his/her/their authorized capadty(ies), and that by his/her/their signatures) on the capacity(ies), and that by his/her/their signature(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. person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Notary Signature: Notary Seal: Notary Seal: -- kor TR'�"},5� tgDF.4r3➢gip 4�S�.�d� - ---- - ----- f_. r Fan'Was,UT (34dn" Co,dcdno'r'aar➢EupA`cW; i FMC Airport Systems Boarding Bridge Modifications FMC TECHNOLOGIES,INC. SECRETARY'S CERTRC+ATE 1„tefficyL"J,.Garr VR;ePreklent, General Geun elan ,Se etayojFftiC:TeCligologes, Inc., abcavvar2 Carporatton do thereby c'erl,fy that"ut'a meetirrip of the,tf a'd or afreomrs of Ftv1O TechnologiesIJnc`, duly cohvoncd and h 1d pn une- 4, C�E11,atwhich a quo,hi ,was'present and actir)g,thrqughout,the fbl[mWti ' resolution teas-adapted andidt now in fdll farce ann effect: " RESOI_i1EQ,tha:the�Board of Direcltirs.of rkf.0 Tochnotuglrr ,, Inc.(the ,Corporoti4r )hereby yrants,Ih'e falloj kin© "signature"authority: 1. Otficers: The.Chairrnaii.of th"e`Board, the Chief F=tpnOt:ve:gifioar,the President; ary; icc President,the,Secretary,ttie Treasurer ar d tt)e Controiter.gf the F:,D7�j,Of,2tIon areeaCh authOYlzed, :n_that"capacity;to'ek4cute,.,and,to.delegato to any person athoriiyto exeau:e,all vrritter instruments A:hatsoeve, ncluditg vitf3qutaimitakldndeeds;;eases;,agreprents, Nds, cogtract3;ddnds, power'oy attorney,and proxics that are in the"ordioarycourse of the Cmrpbration's�tiGsinCss: Division Menanersr Each:petson,.r,npt6yedl)y the Cvrpuration as_a biviston Uanagdr ls,authoiiied,in th$t capacity,t6 execuae,and td:(j°ologMe to persons ahiployrd in fiis Oivi"sion;autklvrityto"execute;allw.ritten insttvme,�ts:nrha(soevur pertainintg"to matters`thpti;are.in ttid'prd!nary courwat'.the bus hems f-tha �iVI3Sd17; ovidedah;�eanrde1egation ofctgnawre:.uthorrypRy purcdant futhis resolu:ion'shEA'be: (i) effective only if in writmg and when Filed with the 5eoretaf the Corporat:on;{!!)`limited as setforth inlaid, dele atidn;,and(iii),u.'fcctive onthe date appearing Ihoreon,furhh9,periodrspecifed4herein qr if no. perfrsd is specified.until revoked'iq,writing;prevlded further, that any person may re'I'}'nn a certlficate,signedbith6,Secretarynrx1ny +ssistarit,Secretary,of the Corporationfo the effect that 'apa'rtldular:p?'r�`on has Specirled sln2turo ecithority pursuant-to thl's f;esolutlon. IN I ITtvE95 YIHEREOFr'I have hereknto signed my name,and affixod.the;sea1'of FMC Technologies, ,.rdiunr,lr,r s c5j l,rr e ti Qated:,:uly 1`8;2drS2 ,• � err i,, ,, .� tff arr ,.^1:,� e ldent,;GeneralCounsel'and,,," J A. _ F r lYrymn ` I, Mark D.Wulf,Assistant.Oeneral Counsel of FWC,Tschnalagies, Inc_, a Dela'vrare nrrppratic;n,hereby certify that JeJfrk y')O1':Carr is the duly elected,qualified and acting'`wice Presl lent;Genzral. orinse and Setretary.of FPAQTccnnologies, Inc..and that IN uIgnature aopeariiig above is hm gertuire'skonature;, IiV V"IiTNCvS.Wf IEEE; have'here nlg. Fgne 1 fry name. Dated_July 10,2002 Mark; "aanera Assistaunsel DELEGATION OF SIGNATURE AUTHORITY By resolution of the Board of Directors of FMC Technologies, Inc. (the Corporation')on June 14, 2001, I was vested with authority, in my capacity as a Division Manager,to execute all written instruments whatsoever pertaining to matters that are in the ordinary course of business of the Division and to delegate my authority to do so to persons employed in my Division. Pursuant to this authority, I hereby authorize Barbara Herrmann, General Manager of Airport Services, an operation of the AirportSystems Division,to execute and deliver all written instruments whatsoever pertaining to matters which are in the ordinary course of business of Airport Services. This delegation shall become effective on on the date hereof until revoked in writing. Dated as of June 14,2001 FMC TECHNOLOGIES, INC. By: . Collins Title: Division Manager—AirportSystems Division C:\WMT40\Profiles zmtos\LOCALS-1\TcmpWcnonald.doc Passenger Boarding Bridge Modifications Exhibit`A"- Scope of Work FMC Airport Systems EXHIBIT "A" SCOPE OF WORK I. BASIC SERVICES This agreement shall be for modifications/retrofit of Passenger Boarding Bridge(PBB) (OG-38713), which is utilized at passenger boarding gate #5 at the Palm Springs International Airport.The modifications/retrofit include installation of a"CE"Commuter floor assembly on the aforementioned PLB. Costs contained within this agreement include the addition of having to mechanically lower the existing PBB at boarding gate #5 to accommodate the EMB-145 aircraft (4'8" level) and assumes identical conditions as other PLB locations (i.e., PCA, PCA hose basket and drive column bolt hole locations). The relocation of the Pre-Conditioned Air (PCA) unit closer to,the terminal end of Tunnel "C", some electrical wireway access panels will be covered and somewhat restrict access. A. Provide all materials, labor and equipment to modify existing Passenger Boarding Bridge(PBB)at boarding gate#5 to accommodate CRJ-700 and EMB- 145 series aircraft, which includes a 4'8" level service capability. NOTE: Compatibility to existing aircraft types will not be affected. Included are the following: 1. Retrofit "CE" floor into existing cab of bridge. 2. Add additional canopy pads. Required because floor of new"C"floor will be approximately 8" longer than existing. 3. Raise existing JetPower@ 400 Hz power unit. 4. Relocate existing PCA 75 ton unit back towards terminal to create open area for PCA hose basket. 5. Relocate existing hose basket to terminal side of drive column. 6. Lower existing bridge to estimated 4'8" .level by installing lowering kit to obtain required down level. 7. Test full operation of PBB. 8. Availability of parts is approximately 10-12 weeks after receipt of agreement or purchase order. 9. Installation time frame is 3-4 days after arrival of equipment. B. Provide all materials, labor and equipment to install a 28.5 volt power system (Hobart) for EMB-145 aircraft. Included are the following: 1. Provide and install a 28.5 volt power system (LS-outside wall Tunnel "C" behind cab assembly, which includes: a. 50' DC power output cable. b. 2 station remote controller 2. Provide and installation of bridge mounting kit (Hobart) for PBB's. 3. Installation and interconnect input power for 28.5 volt system unit via input power distribution blocks located within JetPower® unit. FMC Airport Systems Boarding Bridge Modifications -8- Passenger Boarding Bridge Modifications Exhibit"A"- Scope of Work FMC Airport Systems 2. Provide and installation of bridge mounting kit (Hobart) for PBB's. 3. Installation and interconnect input power for 28.5 volt system unit via input power distribution blocks located within JetPower® unit. 4. Test power unit operation. 5. Availability of parts is approximately 7-8 weeks after receipt of agreement or purchase order. 6. Installation time frame is 1-2 days after arrival of equipment. C. It is intended that both of the above items be installed at the same so as to minimize installation cost. II. REHAB PRODUCT WARRANTY A. The Contractor warrants that products provided by the Contractor shall be free from defects in material, workmanship and title and shall be of the kind and quality specified or designated by the Contractor in this agreement for a period of one (1) year from the date of final acceptance or beneficial occupancy, whichever occurs first. All parts not manufactured by the Contractor that are purchased from other vendors shall be warrantied for six (6) months or the vendor's stated warranty for the part, whichever is less. The sole remedy for breach of this warranty is the repair or replacement (at the Contractor's option) of the defective good,and including all necessary transportation of said products and labor to remove or reinstall said products. Products which the Contractor determines to have been subjected to abuse or other improper use will not be entitled to the benefits of any warranty by the Contractor. Defective and nonconforming items must be held for Contractor's inspection and returned to the original F.O.B. point.The foregoing is expressly in lieu of all other warranties whatsoever,express, implied or statutory, including without limitation the implied warranties of merchantability and fitness. FMC Airport Systems Boarding Bridge Modifications -9- Passenger Loading Bridge Modifications Exhibit `B"- Schedule of Compensation FMC Airport Services EXHIBIT B SCHEDULE OF COMPENSATION Section 4.0 Insurance, Indemnification and Bonds, is replaced with the following: 4.0 INSURANCE AND INDEMNIFICATION 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) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either(i)a combined single limit of$1,000,000.00 or (ii) bodily injury limits of $500,000.00 per person, $1,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of$500,000.00 per occurrence. If the Contract Sum is greater than $500,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $500,000.00 per person and $1,000,000.00 per occurrence and property damage liability limits of $250,000.00 per occurrence and $500,000.00 in the aggregate or (ii) combined single limit liability of $1,000,000.00. Said policy shall include coverage for owned, nonowned, leased and hired cars. (d) Additional Insurance: Policies of such other insurance, including Professional Liability Insurance, as may be required in the Scope of Services, Exhibit "A". All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insured, except that the City shall not be named as an additional insured for the Worker's Comp-:.--..'-.; - rofessional Liability Insurance. 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. All of said policies of insurance shall provide that said insurance may not be amended orcanceled without providing thirty(30)days prior written notice by registered mail to the City. In the event any of said FMC Airport Systems Boarding Bridge Modifications -10- Passenger Loading Bridge Modifications Exhibit `B"- Schedule of Compensation FMC Airport Services 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 or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance 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 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. The insurance 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 Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or designee of the City due to unique circumstances. 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, including paying any legal costs, attorneys fees, or paying any judgment (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 or services 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, but excluding such claims or liabilities to the extent caused by the negligence or willful misconduct of the City. Section 4.3 Performance Bond shall not apply to this agreement. Work Item "A" as outlined in Exhibit A of this agreement: Provide & Install "CE" floor assembly & modify $45,222.00 PBB Freight (estimated, Ogden, UT to Palm $800.00 Springs, CA Tax 7.75% (Materials only) $1,842.00 TOTAL $47,864.00 FMC Airport Systems Boarding Bridge Modifications -11- Passenger Loading Bridge Modifications Exhibit "B"- Schedule of Compensation FMC Airport Services Work Item "B" as outlined in Exhibit B of this agreement: Provide & Install 28.5 volt power unit $11,691.00 Freight (estimated, Vendor to Palm Springs, $500.00 CA Tax 7.75% (Materials only) $722.00 TOTAL $12,913.00 Total of work items "A" and "B" - $60,777.00 Forwork items "A"and "B"as outlined in Exhibit A of this agreement,the following payment terms apply: 25% down payment at time purchase order is awarded 75% upon completion and acceptance, following successful operational testing of the modifications by the City of Palm Springs, Department of Aviation (AIRPORT), net 30 days. NAAgreements\Terminal\FMC_Bridge Modifications 07-17-2002.wpd FMC Airport Systems Boarding Bridge Modifications _12- CERTIFICATE OF LIABILITY INSURANCE Debbie Larsen/Airport Services-Ogden DATE (MM/DD/YY) PRODUCER 9/26/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY MARSH USA,INC. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CHICAGO, IL CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE ISSUED BY T.E.S. COMPANIES AFFORDING COVERAGE FOR QUESTIONS CALL(617 426-8300 X234 INSURED COMPANY NATIONAL UNION FIRE INSURANCE COMPANY LETTER A: OF PA(Best's Rating A++XV) FMC AIRPORT SERVICES,A DIVISION OF COMPANY INSURANCE COMPANY OF THE STATE OF PA FMC TECHNOLOGIES,INC.(FTI) LETTER e: (Best's Rating A++XV) 200 E.RANDOLPH DRIVE COMPANY CHICAGO,IL 60601 LETTER C: COMPANY LETTER D: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. CO TypE OFINSURANLE POUCYEFF60TIVE POLICY LTR POUCYNUMBER DATE(MMIDDIYY) EXPIRATON LIMITS OATE(MMIDDM) GENERAL LIABILITY A OCOMMERCIAL GENERAL LIABILITY RMGL6124869 ❑CLAIMS MADE Q OCCUR (includes products) 10-1-01 10-1-02 EACH OCCURRENCEEl § (off airport premises) OWNER'S R CONTRACTOR'S PROT. AUTOMOBILE LIABILITY RMCA5348766 ❑ANY AUTO RMCA5348767 A ALL OWNED AUTOS RMCA5348768 10-1-01 10-1-02 COMBINED SINGLE LIMIT $p 000,000 SCHEDULED AUTOS RMCA5348769 HIRED GE LIABILITY OWNED AUTOS (off airport premises) GARGAGE LIABILITY A EXCESS EMPLOYERS LIABILITY RMWC5277410 RMWC5277411 10-1-01 10-1-02 EACH OCCURRENCE $ ❑UMBRELLA FORM RMWC5277412 LJ II--��rr RMWC5277413 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION& X RY LIMBS OTHER A EMPLOYERS'LIABILITY RMWC5277410 EACH ACCIDENT $ 100,000 (Includes USLBH and Maritime RMWC5277411 B 10-1-01 10-1-02 Coverage where applicable and All RMWC5277412 States Coverage) RMWC5277413 DISEASE-POLICY LIMIT $ 100,000 DISEASE.EA EMPLOYEE $ 100,o00 OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS: WITH RESPECT TO THE GENERAL LIABILITY AND/OR AUTOMOBILE LIABILITY POLICIES CITED ABOVE,CITY OF PALM SPRINGS,THE ENGINEER,THE CITY'S CONSULTANTS FOR THE PROJECT AND THEIR OFFICERS,AGENTS AND EMPLOYEES ARE ADDITIONAL INSUREDS, BUT ONLY TO THE EXTENT THAT FMC HAS EXPRESSLY AGREED TO INDEMNIFY THEM, IN CONNECTION WITH WORK UNDERTAKEN BY OR ON BEHALF OF THE NAMED INSURED TO THE EXTENT OF FTI'S INDEMNITY OBLIGATIONS UNDER THE CONTRACT. CERTIFICATE HOLDER CANCELLATION City of Palm Springs THIS CERTIFICATE OF INSURANCE NEITHER AMENDS, EXTENDS OR Attn: Patricia A.Sanders ALTERS THE COVERAGE AFFORDED BY THE ABOVE NUMBERED Office of The City Clerk POLICIES. THE INSURER WILL ENBEAVeRa'9 GIVE 30 DAYS WRITTEN 3200 Tahquitz Canyon Way NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER. Palm Springs,CA 92262 AUTHORIZED REPRESENTATIVE 01-AI-FMC.DOC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 9/26101 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THOMAS E.SEARS,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 31 ST.JAMES AVENUE,SUITE 1050 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR BOSTON,MA 02116-4101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FOR QUESTIONS CALL(617)426-8300 X234 COMPANIES AFFORDING COVERAGE INSURED COMPANY AMERICAN INTERNATIONAL SPECIALTY LINES FMC AIRPORT SERVICES,A DIVISION OF LETTER A: INSURANCE COMPANY(Best's Rating A++XV) COMPANY FMC TECHNOLOGIES,INC.(Fri) LETTER B: 200 E.RANDOLPH DRIVE COMPANY CHICAGO, IL 60601 LETTER C: COMPANY LETTER D: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD_ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. Lo TYPEOFINSURANCE POUCYNUMBER POLICYEFFECTIVE EXPIRATION GATE(MMIOOM') BATEIMMIBBIYYI LIMITS GENERAL LIABILITY ❑COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ❑CLAIMS MADE❑OCCUR ❑ GENERALAGGREGATE OWNER'S&CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ❑ANYAUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS/NOWOWNED AUTOS GARGAGE LIABILITY EACH OCCURRENCE AND UMBRELLA LIABILITY AGGREGATE(WHERE A BE 267 34 67 APPLICABLE EXCESS OF I- � 10-1-01 10-1-02 VARIOUS UNDERLYING $3,000,000 RIUMBRELLA FORM (includes AL,GL&EL) AMOUNTS. ❑OTHER THAN UMBRELLA FORM premises)And $2MoEla'rpon TosThn. OTHER MB WORKERS COMPENSATION& EMPLOYERS'LIABILITY EACH ACCIDENT DISEASE—POLICY LIMIT DISEASE-EA EMPLOYEE OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS: WITH RESPECT TO THE UMBRELLA LIABILITY POLICY CITED ABOVE,CITY OF PALM SPRINGS,THE ENGINEER,THE CITY'S CONSULTANTS FOR THE PROJECT AND THEIR OFFICERS,AGENTS AND EMPLOYEES ARE ADDITIONAL INSUREDS,BUT ONLY TO THE EXTENT THAT FMC HAS EXPRESSLY AGREED TO INDEMNIFY THEM, IN CONNECTION WITH WORK UNDERTAKEN BY OR ON BEHALF OF THE NAMED INSURED TO THE EXTENT OF FTI'S INDEMNITY OBLIGATIONS UNDER THE CONTRACT. CERTIFICATE HOLDER CANCELLATION City of Palm Springs THIS CERTIFICATE OF INSURANCE NEITHER AMENDS, EXTENDS Attn: Patricia A.Sanders OR ALTERS THE COVERAGE AFFORDED BY THE ABOVE Office of The City Clerk NUMBERED POLICIES. THE INSURER WILL ENDEAVo,rTOLGIVE 30 3200 Tahquitz Canyon Way DAYS WRITTEN NOTICE OF CANCELLATION TO THE CERTIFICATE Palm Springs,CA 92262 HOLDER. AUTHORIZED REPRESENTATIVE H 14 MA EARS,INC. 01-AI-UMB.DOC CERTIFICATE OF LIABILITY INSURANCE DATE 1/3/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY THOMAS E.SEARS,INC. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 31 ST.JAMES AVENUE,SUITE, 1050 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE BOSTON,MA 02116-4101 AFFORDED BY THE POLICIES BELOW. CERTIFICATE ISSUED BY T.E.S. COMPANIES AFFORDING COVERAGE FOR QUESTIONS CALL(617)426-8300 X245 INSURED COMPANY Lloyd's&Various Companies FMC AIRPORT SERVICES,A DIVISION OF LETTER A. FMC TECHNOLOGIES,INC.'(FTI) coMPANY 200 E.RANDOLPH DRIVE LETTER B CHICAGO,IL 60601 COMPANY LETTER C: COMPANY LETTER D: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VTR TYPEOFINSUMNCE POUCYNUMBER POUCYEFFECTNE EXPOLICY DATE IMMIDDIYY) DATE(MWDDW)IMTION LIMITS A AVIATION PREMISES LIABILITY ABA0105901 ❑CLAIMS MADE CI OCCUR (includes GL&AL on 1011/01 10/1/02 EACH OCCURRENCE $5,000,000 Airport premises) ANY ONE OCCURRENCE AND IN THE AGGREGATE $5,000,000 A AVIATION PRODUCTS LIABILITY ABA0105901 10/1/01 1011/02 INCLUDING WITHIN SUCH LIMIT ❑CLAIMS MADE LJ OCCUR ANY ONE GROUNDING AND IN $5,000,000 THE AGGREGTE RESULTING FROM AN OCCURRENCE EXCESS LIABILITY ❑UMBRELLA FORM EACH OCCURRENCE ❑OTHER THAN UMBRELLA FORM NCSTATI" OTHER OF YLIMRS WORKERS COMPENSATION& EMPLOYERS'LIABILITY EACH ACCIDENT DISEASE-POLICY LIMIT DISEASE-EA EMPLOYEE OTHER NOTE:Aviation Premises Liability includes General and Automobile Liability on airport property. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS: AS RESPECTS AVIATION PREMISES LIABILITY, CITY OF PALM SPRINGS,THE ENGINEER,THE CITY'S CONSULTANTS FOR THE PROJECT AND THEIR OFFICERS,AGENTS AND EMPLOYEES ARE ADDITIONAL INSUREDS,BUT ONLY TO THE EXTENT THAT FMC HAS EXPRESSLY AGREED TO INDEMNIFY THEM IN CONNECTION WITH WORK UNDERTAKEN BY OR ON BEHALF OF THE NAMED INSURED TO THE EXTENT OF FTI'S INDEMNITY OBLIGATIONS UNDER THE CONTRACT. CERTIFICATE HOLDER CANCELLATION THIS CERTIFICATE OF INSURANCE NEITHER AMENDS, EXTENDS OR City of Palm Springs ALTERS THE COVERAGE AFFORDED BY THE ABOVE NUMBERED Attn: Patricia A.Sanders POLICIES. THE INSURER WILL Ef:BEAVG4--TG- GIVE 30 DAYS Office of The City Clerk WRITTEN NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER. 3200 Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE THO A E.SEARS,I Palm Springs,CA 92262 ' BY: ^o F-AI-Aviation-DOC All dft MARSH CERTIFICATE OF. IN VRANCE CERTIFICATE NUMBER AI-62 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS " NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE LASITYN MUHAMMAD(312 627 6531) POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE MARSH INC. AFFORDED BY THE POLICIES DESCRIBED HEREIN. 500 WEST MONROE STREET COMPANIES AFFORDING COVERAGE CHICAGO, IL 60661 COMPANY 014402-Tech-2002 A NAT'L UNION FIRE INS.COMPANY OF PITTSBURGH,PA INSURED COMPANY FMC TECHNOLOGIES INC. B AMERICAN HOME ASSURANCE CO(AIG) 200 EAST RANDOLPH DRIVE COMPANY CHICAGO,IL 60601 C INSURANCE CO.OF THE STATE OF PENNSYL'V',ANIA ' COMPANY D COVERAGES—. This certificate supersedes and replaces any previously,issued certificate for the"policy period noted below. 2 THIS 13 TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MM/VDIYY) DATE IMMIDDNYI LIMITS CO A GENERAL LIABILITY RMGL 612-5551 10/01/02 10/01/03 GENERAL AGGREGATE $ SEE BELOW COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,750,000 CLAIMS MADE ❑X OCCUR PERSONAL&ADV INJURY $ 2,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE(Any one Fire) $ 1.000,000 MED EXP(Any one person) $ 50,000 A AUTOMOBILE LIABILITY RMCA 534-9471(AOS) 10/01/02 10/01/03 COMBINED SINGLE LIMIT $ 2,000,000 B X ANYAUTO RMCA 534-9472(MA) 10/01/02 10/01/03 A ALL OWNED AUTOS RMCA 534-9473(TX) 10/01/02 10/01/03 BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: $ EACH ACCIDENT AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ C WORKERS COMPENSATION& 10/01/02 10/01/03 X WCSTATU- OTH- C EMPLOYERS'LIABILITY WC 332-2287(AOS) 10/01/02 10/01/03 TORYUM'ra ER WC 332-2288(CA) 10/01/02 10/01/03 EL EACH ACCIDENT $ 2,000,000 A THE PROPRIETOR/ FX7 INCL WC 332-2290(NV,WI) 10/01/02 10/01/03 EL DISEASE-POLICY LIMIT $ 2,000,000 A PARTNERSEXECUTIVE WC 332-2289(OR) OFFICERS ARE EXCL EL DISEASE-EACH EMPLOYEE $ 2,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS GENERAL LIABILITY POLICY AGGREGATE IS$2,750,000 CERTIFICATE HOLDER CANCELLATION' SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, City of Palm Springs THE INSURER AFFORDING COVERAGE WILL ENDEAVER TO MAIL 30 DAYS WRITTEN NOTICE TO THE Attn: Patricia A.Sanders CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Office of The City Clerk LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE 3200 Tahquitz Canyon Way ISSUER OF THIS CERTIFICATE Palm Springs,CA 92262 MARSH USA,INC. BY: Christy N.Phoebus MIN 11(3i02) VALID AS OF: 09/26/02 CERTIFICATE OF LIABILITY INSURANCE Debbie Larsen,Airport Systems DATE 801 629 3487 9127/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY THOMAS E.SEARS,INC AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 31 ST DAMES AVENUE,SUITE, 1050 AFFORDED BY THE POLICIES BELOW. BOSTON,MA 02116-4101 CERTIFICATE ISSUED BY T.E.S. COMPANIES AFFORDING COVERAGE FOR QUESTIONS CALL(617)426-8300 X245 INSURED COMPANY Lloyd's&Various Companies FMC AIRPORT SERVICES,A DIVISION OF COMMA N A. FMC TECHNOLOGIES, INC.'(FTI) LETTERB: .' 200 E.RANDOLPH DRIVE CHICAGO,IL 60601 COMPANY I LETTER C *includingJetwa Systems Air COMPANY Y yems an Port Services LETTER D. COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY LTR TYPE OFINSURANCE POLICY NUMBER DATE(MMIDDIYY) EXPIRATION LIMITS DATE(MMIDDW) A AVIATION PREMISES LIABILITY A60205901 El CLAIMS MADE Q OCCUR (includes GL&AL on 10/1/02 10/l/03 EACH OCCURRENCE $5,000,000 Airport premises) ANY ONE OCCURRENCE AND IN THE AGGREGATE $5,000,000 A AVIATION PRODUCTS LIABILITY AB0205901 10/1/02 10/l/03 INCLUDING WITHIN SUCH LIMIT ❑CLAIMS MADE LJ OCCUR ANY ONE GROUNDING AND IN $5,000,000 THE AGGREGTE RESULTING FROM AN OCCURRENCE EXCESS LIABILITY EACH OCCURRENCE ❑UMBRELLA FORM ❑OTHER THAN UMBRELLA FORM we sarv- OTHER iOFYLIMITS WORKERS COMPENSATION& EMPLOYERS'LIABILITY EACH ACCIDENT DISEASE-POLICY LIMIT DISEASE-EA EMPLOYEE OTHER NOTE:Aviation Premises Liability includes General and Automobile Liability on airport property. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS: AS RESPECTS AVIATION PREMISES LIABILITY, CITY OF PALM SPRINGS,THE ENGINEER,THE CITY'S CONSULTANTS FOR THE PROJECT AND THEIR OFFICERS,AGENTS AND EMPLOYEES ARE ADDITIONAL INSUREDS,BUT ONLY TO THE EXTENT THAT FTI HAS EXPRESSLY AGREED TO INDEMNIFY THEM IN CONNECTION WITH WORK UNDERTAKEN BY OR ON BEHALF OF THE NAMED INSURED TO THE EXTENT OF FTI'S INDEMNITY OBLIGATIONS UNDER THE CONTRACT, CERTIFICATE HOLDER CANCELLATION THIS CERTIFICATE OF INSURANCE NEITHER AMENDS, EXTENDS OR City of Palm Springs ALTERS THE COVERAGE AFFORDED BY THE ABOVE NUMBERED Attn: Patricia A.Sanders POLICIES. THE INSURER WILL ENBEAVAR TO GIVE 30 DAYS Office of The City Clerk WRITTEN NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER. 3200 Tahqultz Canyon Way AUTHORIZED REPRESENTATIVE TH O, AS E.SEARS• INC. Palm Springs,CA 92262 f F-AI-Aviahon-DOC