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HomeMy WebLinkAbout04316 - FMC AIRPORT PASSENGER LOADING BRIDGE TMC Technologies Consent to Assignment AGREEMENT 04316 X06855, 6-6-01 CONSENT TO ASSIGNMENT OF AGREEMENT rq". %axu -This CONSENT TO ASSIGNMENT OF AGREEMENT NO. 4316 (the "Consent") is made and entered into as of the ° day of June, 2001, between the CITY OF PALM SPRINGS ("City"), FMC AIRPORT SERVICES, a division of FMC CORPORATION (collectively "Assignor") and FMC TECHNOLOGIES, INC. ("Assignee") with reference to the following facts and purposes. RECITALS A. City and Assignor are parties to that certain Agreement No. 4316, dated December 6, 2000, including any extensions, renewals or permitted amendments and modifications thereof(collectively the "Agreement") concerning maintenance services for the eight (8) Passenger Loading Bridges at the Palm Springs International Airport. B. Pursuant to the Agreement, Assignor has certain rights to assign the Agreement, subject to the written consent of the City. C. Assignor wishes to assign to Assignor all of the rights and obligations it has under the Agreement, and Assignor and Assignee desire to obtain the City's specific consent to such assignment. D. Assignor and Assignee have represented to the City that Assignee is the wholly owned subsidiary of Assignor, and all of Assignor's employees will become employees of Assignee, and the expertise and financial capabilities of Assignee to provide the services under the Agreement are the satne as those of Assignor. E. Based upon such representation, City wishes to consent to such assignment subject to the terms of this Consent. NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, City, Assignor and Assignee agree as follows: 1. Representations. Assignor represents and certifies the following: a. To the best of Assignor's knowledge, no default presently exists under the Agreement and no state of facts exist which would constitute a default under the Agreement- b. That all of the above recitals are true and correct. 2. Consent and Related Agreements. a. Assignee acknowledges that it has received a copy of the Agreement and is fully familiar with its terms. IRV#11998v1 I 0 • b. Effective as of the date of this Consent, the City specifically consents to the assignment of the Agreement to Assignee, including all rights and obligations of Assignor thereunder. C. Upon the date of this Consent, Assignee shall assume all obligations of Assignor under the Agreement and shall perform all duties and obligations required to be performed under the Agreement. d. Assignee acknowledges and agrees that the Agreement shall control the obligations of Assignee and City, and that the Agreement shall control over any inconsistent provision in any agreement that may exist between Assignor and Assignee. 3. Due Execution. The person(s) 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. 4. Full Force and Effect. The parties further agree that, except as specifically provided in this Consent, the terms of the Agreement shall remain unchanged and in full force and effect. (Signatures on following page) IRV#11998 vI -2- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a California municipal corporation CCi;Cleik Cityy ,,4iger APPROVED AS TO FORM: (Check one:_Individual_Partnership X Corporation) CONTRACTOR: City ttor y "Assignor" FMC AIRPORT SERVICES, a division of FMC Corporation Banba,ca H. HeAAmann Pneaiden# Print N e T/i�le By: s e Zad�i_ �/� Signature(Notarized) Jamey A. Yeck ey, Az/siatant SecAetcucy < � ,Print Name&Title By: —Signature ized) Mailing Address: 1805 Welt 2550 South Ogden, UT 84401 "Assignee" FMC TECHNOLOGIES, INC. BaLLivja H. He& mane, Genena2 ManagyL Print N Title By e % Signature(Notarized) Jamey A. Yecktetf, Azzis,tant Seeneta&y �.� Print Name &Title By. _"�, ✓� ig ature(Kota `ze Mailing Address: 1805 WeAt 2550 South oppr ;,5vLE DV I'll UMI"iT' C UN�KA� aa—� __ �.� Ogden LIT 84401 „gip sV�3 (END OF SIGNATURES) (Corporations require two signatures;one for each of the following:A.Chairman of the Board,President or Vice President;AND B. Secretary,Assistant Secretary Treasurer,Assistant Treasurer or Chief Financial Officer) STATE OF UTAH COUNTY OF WEBER I, Debbie L. Larsen, a Notary Public in and for said County do hereby certify that Barbara H. Herrmann, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this 26th day of June, 2001, in person, and acknowledged that they signed said instrument for the uses and purposes therein set forth. Notary Public My Commission Expires: III ,aavOv'"Ez_ NOTARY PLOLIC d DEBBIE L.LARSEN 2483 west 1W With FarrW st,UT 34}'0? i eat +n•..- % My C�mm_iS9/YN1yE%;liras Z";F G7Sihr1/ZC�f I"V STATE OF UTAH COUNTY OF WEBER I, Debbie L. Larsen, a Notary Public in and for said County do hereby certify that James A. Yeckle-, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this 26th day of June, 2001, in person, and acknowledged that they signed said instrument for the uses and purposes therein set forth. Notary Public / My Commission Expires: �/ 0 �. DCD61G L.iARSFN � Fan West,UT 84.4.04 •;.� �'+.-;.�-�,r ,y3 my Commission expirea �v''" os`e fi. STATE CDC U YA�j FMC Airport Services • Passenger Loading Bridge Main AGREEMENT #4316 M06757, 12-6-ob CITY OF PALM SPRINGS — - -- CONTRACT SERVICES AGREEMENT FOR PASSENGER LOADING BRIDGE MAINTENANCE THIS CONTRACT SERVICES AGREEMENT(herein"Agreement")is made and entered into this day ofvA,4�2000, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and FMCO Airport Services, a division of FMCO Corporation, herein "Contractor'). (The term Contractor includes professionals performing in a consulting capacity) 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$33,768.00 Dollars for the first year of the agreement ("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 "C", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Barbara H. Herrmann, President/General Manager 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. Craig A. 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 therewith ("Contract Officer'). The City Manager of City shall have the right to designate another Contract Officer by Page 1 of 15 FMC Airport Services .,. .; � Passenger Loading Bridge Main AGREEMENT #4316 M06757, 12-6-01 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR PASSENGER LOADING BRIDGE MAINTENANCE �d/�T�HIS CONTRACT SERVICES AGREEMENT(herein"Agreement')is made and entered into this /^T-` day of . per 2000, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and FMCO Airport Services, a division of FMCO Corporation, herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity). 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$33.768.00 Dollars for the first year of the agreement ("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 "C", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Barbara H. Herrmann, President/General Manager 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. Craig A. 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 therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by Page 1 of 15 0 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 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 peroccurrence and$1,000,000.00 products and completed operations and property damage limits of$500,000.00 per occurrence. If the Contract Sum is greaterthan$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 complywith 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 Compensation Insurance nor the Professional Liability Insurance. The insurer shall waive all rights of subrogation and contribution it may have against the Page 2 of 15 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 or canceled without providing thirty (30) days prior written notice by registered mail to the City. 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 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. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force as stated in Exhibit "C", Schedule of Compensation and Exhibit "D", Schedule of Performance. 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. Page 3 of 15 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 NonliabilitV of City Officers and EmploVees. 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 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 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 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. Page 4 of 15 • 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. 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. Page 5 of 15 0 IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, �— a—municipal corporation By: City Cle < City Man r (Check one:—Individual _Partnership X Corporation (Corporations require two signatures: TT TOR: One from each of the following: A. Chairman of Board, President, any By: ///�ct cvn, i Vice President: AND B. Secretary, Signature ( otarized) Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Bcyrbo✓ta H. HelAmann Officer). Print Name &Title Pne/s dent - FMC A-Apo�Lt SeAvicez By: Signature (Notarized) Print Name &Title Mailing Address: A,PB'ROVEO AS TO FORM !141� (End of Signatures) Ity Attorney )ate �✓� Il7l N.\WordPerfec[\Agreements\Loadmg_Bridges Maintenance Dec 2000.wpd Page 6 of 15 9 • �1110! -AIRPORT (—; Z ASERVICES STATE OF UTAH } COUNTY OF WEBER On this 12th day of January 2001 before me personally came and appeared Barbara H. Herrmann to me known, who, being by me duly sworn, did depose and say that she resides in Mountain Green, Utah, that she is the President of FMC Airport Services, the Corporation described in and which executed the foregoing instrument, that she knows the seal of said Corporation, that one of the seals affixed to said instrument is such seal, that it was so affixed by order of the Board of Directors of said Corporation, and that she signed her name thereto by like order. /J( Notary Public— Debbie L. Larsen My Commission expires 9/1/2004 No'rARY PUBLIC DEBUIE L. LARSE14 2483 West 1900 North Farr West,UT 844-04 w• ,� ;, My Commission Expires 09/0112004 a° H` STATE OF UTA H FMC Corporation Airport Services P O. Box 3309 Ogden UT 84409-3309 Telephone 801.629.3138 Telefax 801 629.3487 • • APPENDIX A RESOLUTION (Adopted by FMC Board of Directors on February 20, 1981) RESOLVED, that the Board of Directors of FMC Corporation (the "Corporation") hereby grants the following signature authority: 1. Officers. The Chairman of the Board, the President, any Vice President, the Secretary, the Treasurer and the Controller of the Corporation are each authorized, in that capacity, to execute, and to delegate to any person authority to execute, all written instruments whatsoever including, without limitation, deeds, leases, agreements, bids, contracts, bonds, powers of attorney and proxies; 2. Group Managers. Each person employed by the Corporation as a Group Manager is authorized, in that capacity, to execute, and to delegate to persons employed in his Group authority to execute, all written instruments whatsoever pertaining to matters which are in the ordinary course of the business of the Group; 3. Division Managers. Each person employed by the Corporation as a Division Manager is authorized, in that capacity, to execute, and to delegate to persons employed in his Division authority to execute, all written instruments whatsoever pertaining to matters which are in the ordinary course of the business of the Division; provided that any delegation of signature authority pursuant to this resolution shall be(i)effective only if in writing and when filed with the Secretary of the Corporation, (ii) limited as set forth in said delegation and (iii) effective on the date appearing thereon for the period specified therein rely on a certificate signed by the Secretary or any Assistant Secretary of the Corporation to the effect that a particular person has specified signature authority pursuant to this resolution; and RESOLVED, FURTHER, that the foregoing resolution supersedes the resolution relating to general signature authority adopted on June 24, 1977, provided that any exercise of signature authority pursuant to a delegation before the adoption of this resolution is hereby ratified and approved. 1072n Sent By: HP LaserJet 3100; 407 B50 2805; Jan-22-01 12:14PM; Page 2/2 • 0 DELEGATION OF SIGNATURE AUTHORITY FMC AIRPQRT SERVICES Pursuant to the authority granted to Liam Collins, the undersigned as a Division Manager of FMC Corporation ("FMC") by the resolutions adopted by the Board of Directors of FMC on February 20, 1981 (copy attached as Appendix A), authority is hereby delegated to the following employees listed below (within applicable dollar amounts set opposite their respective names), to execute all written instniments whatsoever pertaining to the City of Palm Springs Contract Services Agreement for Passenger Loading Bridge Maintenance which are in the ordinary course of the business of FMC Airport Services. Barbara TT. Herrmann $2,500,000 Brent G. Ahlstrom $2,500,000 r L m . Collins Dated: 2`62 0( James A. Yeckley hereby certifies that he is an Assistant Secretary of FMC, that Liam F. Collins is a Division Manager of FMC, and the signature appearing above his name is his genuine signature and that Appendix A attached hereto is a true and complete copy of the resolutions adopted by the Board of Directors of FMC on February 20, 1981, which resolutions have not been rescinded or modified but continue in full force and effect. Jam 'A. Yeckley Assistant Secretary Dated: 1122- Ci f City of Palm Springs City of Palm Springs Department of Aviation Procurement Division 3400 E Tahquitz Canyon Way, Suite OFC 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92263 EXHIBIT "A" SCOPE OF SERVICES I. INTRODUCTION A. The City of Palm Springs, Department of Aviation (AIRPORT), owns and operates the Palm Springs International Airport. The airport is located in eastern Riverside County, approximately 2.5 miles east of the central business district of Palm Springs, California. The airport serves as the major air transportation center for the entire Coachella Valley. In 1999, the airport served approximately 1.3 million commercial passengers. There are six air carriers and five commuter airlines that serve the airport. In addition to commercial service, the airport experiences a high percentage of corporate and general aviation. B. The Coachella Valley is home to approximately 300,000 residents and consists of the following cities:Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage. The Airport service area includes 500,000 people in portions of Riverside and San Bernardino Counties. The Palm Springs area is a top resort destination and welcomes millions of visitors annually. C The Airport is served by two fixed base operators and is home to more than 100 general aviation aircraft. D. To accommodate this growth, the AIRPORT recently completed a $25 million, 8 gate, terminal expansion project. Included in this project was the installation of eight (8) Passenger Loading Bridges (PLB's). Each PLB was installed with 400 Hz electrical power, pre-conditioned air for the aircraft and PLB and potable water. II. DESCRIPTION OF FACILITIES A. All work shall take place at Palm Springs International Airport, 3400 Tahquitz Canyon Way, Palm Springs, CA, 92262. The Passenger Loading Bridges (PLB's) consist of eight (8) apron drive, 3 tunnel boarding bridges, each with Preconditioned Air,400 Hertz groundpower units and potable water supply. B. Passenger Loading Bridges: 1. The eight (8) Passenger Loading Bridges are identified as follows: EXHIBIT"A" TO CONTRACT SERVICES AGREEMENT Page 7of 15 City of Palm Springs City of Palm Spnngs Department of Aviation Procurement Division 3400 E Tahquitz Canyon Way, Suite OFC 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92263 GATE LOCATION MANUFACTURER MODEL NO. CONFIGURATION / PC AIR CAPACITY GATE 4 FMC JETWAYO AD3-60/119-125R 3 TUNNEL/45 TON GATE 5 FMC JETWAYO AD3-60/119-125R 3 TUNNEL/45 TON GATE 6 FMC JETWAYO AD3-60/119-125R 3 TUNNEL/45 TON GATE 7 FMC JETWAYO AD3-60/119-125R 3 TUNNEL/75 TON GATE 8 FMC JETWAYO AD3-60/119-125R 3 TUNNEL/45 TON GATE 9 FMC JETWAYO AD3-60/119-125R 3 TUNNEL/45 TON GATE 10 FMC JETWAYO AD3-60/119-125R 3 TUNNEL/75 TON GATE 11 FMC JETWAYO AD3-60/119-125R 3 TUNNEL/45 TON III. MAINTENANCE SPECIFICATIONS A. SCOPE OF WORK 1. Contractor shall provide all supervision, labor, materials, phone support, equipment, tools, expendable items and replacement parts as required under the terms of this contract, necessaryforthe preventive maintenance and on-call repair of eight (8) Jetway Passenger Loading Bridges and related equipment at the Palm Springs International Airport. 2. Scope of Work shall include: a. All necessary maintenance, on-call servicing and support required for the Preventive Maintenance of: (1) Eight (8) Passenger Loading Bridges and related equipment, according to manufacturer's requirements and as detailed in FMC Jetway Systems Operation and Maintenance Manual. (2) Six (6) 45 ton and two (2) 75 ton Jetaire Preconditioned Air units. (3) Eight (8) Jetpower 400HZ Ground Power units. (4) Eight (8) JetFlow Potable Water Systems EXHIBIT"A" TO CONTRACT SERVICES AGREEMENT Page 8 of 15 City of Palm Springs City of Palm Springs Department of Aviation Procurement Division 3400 E Tahquitz Canyon Way, Suite OFC 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92263 b. All necessary support services, supplemental to Palm Springs International Airport Technical staff, for emergency repairs on a call-out basis, as may be required to maintain proper functioning, operation and reliability of the Passenger Loading Bridges. C. All related mechanical, electrical and electronic systems associated with the equipment defined, including cables, motors, fans, alarms, belts, indicator lights, computers and accessories, etc. d. All related instrumentation, controls, electrical, and electronic services through the motor controls including the secondary breakers serving the motor controls, and up to but excluding main disconnects in primary switchboards serving motor controls, starters, etc. e. Major equipment failure / replacement due to normal or catastrophic causes. f. Repair and replacement of components which may have become worn or damaged due to the general operating environment of aircraft support, including but not limited to: 400HZ nose pieces and cable, retriever cable, PCAir hose and connections, potable water hose and nozzles, thermocouple and cable etc. IV. CONTRACTOR'S RESPONSIBILITY A. General Maintenance: Contractor will be responsible for ensuring all work performed on the Passenger Loading Bridges is conducted in a first class manner, in accordance with manufacturers' recommendations and these specifications, and that upon completion of maintenance activity, the Loading Bridges perform to the requirements for which they were designed. B. Preventive Maintenance: Contractor shall develop a routine computer generated Preventive Maintenance (PM) schedule, in accordance with the manufacturer's recommendations, and submit it to the Airport Maintenance Superintendent for approval. The services shall be performed diligently and without unnecessary delays during periods scheduled for service. The PM program approved by the Superintendent shall commence upon written notice to proceed and continue according to the submitted schedule. All maintenance will be in strict compliance with the original equipment manufacturer's specifications and recommendations. The PM Program shall assure high system reliability and indicate necessary actions to be taken to continue reliable operation. C. Remedial Maintenance: Contractor shall respond immediately to requests for service. D. Contractor personnel shall work continuously without regard for usual business hours, until the critical malfunctions are corrected. During times when Contractor personnel are not scheduled to be on-site, remedial maintenance shall commence within two (2) hours of Contractor notification. EXHIBIT"A" TO CONTRACT SERVICES AGREEMENT Page 9 of 15 City of Palm Springs City of Palm Springs Department of Aviation Procurement Division 3400 E Tahquitz Canyon Way, Suite OFC 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92263 E. Where it is evident that safety, reliability or efficiency can be improved through capital investment in equipment, Contractor shall call such matters to the attention of the Airport Maintenance Superintendent for consideration. F. Contractor shall have a minimum of five (5) consecutive years of recent experience in the maintenance and repair of similar equipment. G. Contractor shall provide the required personnel and equipment for regular preventive maintenance and on-call emergency corrective repairs on a 24-hour basis, 7 days per week. H Contractor shall provide all tools, office equipment, communications equipment and vehicles to perform the duties under the Scope of Work. I. City shall provide Contractor a storage area for the purpose of storing spare parts & equipment. This area will be viewed as City space, and as such will not be used for any purpose other than the execution of this contract. J. Contractor shall utilize Airport's computerized maintenance management (CMMS) system to track equipment, PM, trouble calls and repairs. Work orders issued by Control Center / Operations will be completed by Contractor after performance of required tasks, and returned to Operations for review and closing. Contractor shall submit a preventive maintenance report at the end of each scheduled PM, detailing the repairs, adjustments, parts used, and inspections performed. V. SPARE AND REPLACEMENT PARTS A. Contractor shall demonstrate the availability of adequate parts and service facilities in the Southern California area to properly service all aspects of the system. B. All replacement parts are to be new and of the same manufacture as equipment being worked upon, and shall have a warranty of one year. Where this is not possible, Contractor may provide rebuilt parts of the original manufacturer, or use new parts of another manufacturer. In either case, parts shall be equal in quality and operation, or better than original parts, and free from all defects. Contractor shall obtain Airport approval prior to purchasing or installing parts that are not new and/or of the same manufacture as original. C. All control and instrumentation devices that are replaced shall be new and of original manufacture, or of equal or better quality and operating characteristics than the original. Contractor shall not mix control and instrumentation devices from different manufacturers within a specific control system without the prior approval of the Contract Officer. EXHIBIT"A" TO CONTRACT SERVICES AGREEMENT Page 10 of 15 i • City of Palm Springs City of Palm Springs Department of Aviation Procurement Division 3400 E Tahquitz Canyon Way, Suite OFC 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92263 EXHIBIT "B' SPECIAL REQUIREMENTS I. EMPLOYEES A. Contractor shall staff its operations in classifications and numbers needed to meet the requirements of the Request for Proposal. These levels are based on a minimum number of employees as follows: 1. Two (2)Journeymen level Technicians per scheduled PM, capable of repairing all systems covered in the Scope of Work section. This includes electrical, mechanical, and troubleshooting repairs to the PBB and related systems. 2. Sufficient qualified staff, as may be required, to perform all trouble call work in a complete and expeditious manner. 3. One (1) management level employee to act as a point of contact for the AIRPORT and be responsible for all parts of the execution of the contract. Changes in the staffing of this position must be approved by the Contract Officer. 4. All nondiscrimination, affirmative action,and disadvantaged business enterprise regulations shall be complied with. The AIRPORT is a recipient of grants from Federal Aviation Administration Airport Improvement Program; as such,there are affirmative action and non- discrimination clauses that are required in all agreements that must be complied with. 5. All employees, representatives, and officials shall be expected to maintain excellent relations with the public, Airport officials and employees. Any display of offensive, discourteous or rude behavior by any representative of the Contractor may be cause for contract termination. 6. Use of alcoholic beverages by Contractor representatives is prohibited,and representatives are prohibited from being on the premises under the influence of alcohol or other substances. II. SCHEDULE OF WORK A. All scheduled work shall be performed according to the schedule in Exhibit "D."Any work to be performed contrary to this schedule shall be approved by the Contract Officer prior to such occurrence. The schedule shall be kept throughout the duration of the Contract, and shall be modified and resubmitted to the Contract Officer as required. EXHIBIT"B" TO CONTRACT SERVICES AGREEMENT Page I of 15 City of Palm Springs City of Palm Springs Department of Aviation Procurement Division 3400 E Tahquitz Canyon Way, Suite OFC 3200 E Tahquitz Canyon Way Palm Sprngs, CA 92262 Palm Springs, CA 92263 III SECURED ACCESS TO WORK AREAS A. The areas in which work is to be performed are considered secure areas in accordance with Federal Aviation Administration (FAA) security guidelines. The contractor must comply with all of the following security related procedures/conditions: 1. Employment History: Prior to commencement of the Services ofthe Contract,the successful contractor will be required to submit a letter authorizing an individual(s) to approve the issuance of security badges. The letter shall also certify that each applicant for a security badge has satisfactorily undergone a review covering the past ten(10)years of employment history, and verification of the five (5) years preceding the date the access investigation is initiated, in accordance with all applicable provisions of Federal Aviation Regulation Part 107. Employment history verification records must be made available to the City or the Federal Aviation Administration immediately upon request. 2. Employee Security Badges:All contractor personnel who require access to certain secured areas of the Airport must obtain, and conspicuously display on their person at all times when they are within these areas, an Airport issued security identification badge. The appropriate badge may be obtained at the Airport Operations Control Center located in the terminal building. A $50.00 deposit is required for each badge, of which $40.00 will be refunded upon surrender of all badges to the Airport at the completion of the contract. In order to obtain a security identification badge, each contractor employee must have satisfactorily undergone the aforementioned access investigation and successfully completed a required 2 hour training class on airport security. Attendance of the class and issuance of the security identification badge may take longer than two (2) hours per person. 3. Site Access: Access to certain areas of the air carrier ramp for carpet maintenance purposes will be via a designated airport perimeter gate, which will be designated by the Contract Officer. Access to these areas, or any Security Information Display Area (SIDA) will be permitted only for SIDA badged CONTRACTOR personnel, or for CONTRACTOR personnel under escort by a SIDA badged CONTRACTOR employee. No deviations from any security measure will be allowed at any time. 4. Vehicles and Equipment:All licensed vehicles operated on the Airport property are required to have conspicuously displayed in the windshield a vehicle permit issued by Airport personnel. This vehicle permit shall hold the CONTRACTOR responsible for both the vehicle and all personnel within the vehicle while on Airport property. 5. Identification: Each employee is required to obtain SIDA access, through the security provisions in these specifications, and shall at all times display on their person the SIDA access badge while in the secure area. Additionally, all personnel shall wear uniforms, furnished by the Contractor, at all times during the performance of this work. The Contractor's supervisory staff and/or its area supervisor may wear identification badges in lieu of uniforms. EXHIBIT"B" TO CONTRACT SERVICES AGREEMENT Page 12 of 15 City of Palm Springs City of Palm Springs Department of Aviation Procurement Division 3400 E Tahquitz Canyon Way, Suite OFC 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92263 IV. COMMUNICATIONS A. The Contractor's personnel shall be adequately trained on the various equipment and have attended a factory certification by the equipment manufacturer at a cost to the Contractor. B. Contractor shall utilize radio communications system supplied by the AIRPORT during all work performed. EXHIBIT"B" TO CONTRACT SERVICES AGREEMENT Page 13 of 15 City of Palm Springs City of Palm Springs Department of Aviation Procurement Division 3400 E Tahquitz Canyon Way, Suite OFC 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92263 EXHIBIT "C° SCHEDULE OF COMPENSATION The term of this agreement will be for five (5) years and shall be provided at the following annual rates. All prices include any Federal, State or Local tax: December 9, 2000 - December 8, 2001 ......... ........................................................................ $33,768.00 December 9, 2001 - December 8, 2002 .................................................................................. $34,900.00 December 9, 2002 - December 8, 2003 .................................................................................. $35,933.00 December 9, 2003 - December 8, 2004 .................................................................................. $37,023.00 December 9, 2004 - December 8, 2005 .................................................................................. $38,129.00 Compensation for each year of the agreement will be initiated via a Purchase Order, issued by the City of Palm Springs. Payment for each year of the agreement will be on a semi-annual basis, in two (2) equal installments. Non-routine maintenance requests will be invoiced at the following portal-to-portal rates: Monday- Friday (8:00 a.m. -4:00 p.m. PST) ......................................................................... $65.00/hour All other hours (including Holidays) ................................................................. .................... . $75.00/hour EXHIBIT"C" TO CONTRACT SERVICES AGREEMENT Page 14 of 15 City of Palm Springs City of Palm Springs Department of Aviation Procurement Division 3400 E Tahquitz Canyon Way, Suite OFC 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92263 EXHIBIT "D" SCHEDULE OF PERFORMANCE The Contractor shall provide service to the Airport beginning with the term of this agreement until expiration, or upon termination. Response time during basic service hours (Monday though Friday, 8:00am to 4:00pm) Technicianon site ............ ........................................................................................... .......... 4 hours Response time outside of basic hours: Technicianon site ................................................................................................................... 4 hours Passenger Loading Bridge quarterly inspections shall be scheduled as follows: 1" Quarterly Inspection will occur on January 16 and 17 of the agreement year 2nd Quarterly Inspection will occur on April 17, 18, 19 of the agreement year 3`d Quarterly Inspection will occur on July 17 and 18 of the agreement year 41h Quarterly Inspection will occur on October 16, 17, and 18 of the agreement year The following referenced documents are incorporated herein as the standard operating procedures for loading bridge preventive maintenance: 1. Jetway Systems Apron Drive 2 & 3 Tunnel, Solid State FRC-HD-AC Drive, Quarterly preventive maintenance checklist, Section 5, 2-5; 2. Jetway Systems Jetaire PC Air - Model XPC 4500 & 7500, Quarterly preventive maintenance checklist, Section 5, 2-5; 3 Jetway Systems Apron Drive 2 & 3 Tunnel, Solid State FRC-HD-AC Drive, Semi-annual preventive maintenance checklist, Section 6, 2-6; 4. Jetway Systems Apron Drive 2 & 3 Tunnel, Solid State FRC-HD-AC Drive, Annual preventive maintenance checklist, Section 6, 2-7; N\WordPerfect\Agreements\Loading_Bndges Maintenance Dec 2000.wpd EXHIBIT"D" TO CONTRACT SERVICES AGREEMENT Page 15 of 15 CERTIFICATE OF LIABILITY-INSURANCErt5 Debbie Larsen/Airpoervices,Ogden, UT DATE Fax 801 629 3487 ( 1/16101 1/16/01 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.JAMES 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 NATIONAL UNION FIRE INSURANCE COMPANY AIRPORT SERVICES LETTER A' OF PITTSBURGH,PA (BEST'S RATING A++XV). A DIVISION OF COMPANY FMC CORPORATION LETTER B: 1805 WEST 2550 SOUTH COMPANY OGDEN, UT 84401 LETTER 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. CO POLICY EFFECTIVE POLICY LTR TYPE OF INSURANCE POLICY NUMBER GATE(MFFECTIV EXPIRATION LIMITS GATE(MMIDDM) A AVIATION PREMISES LIABILITY AP3386962-02 ❑CLAIMS MADE LJ OCCUR (Includes GL&AL On 10/1/00 10/1/01 EACH OCCURRENCE $5,000,000 Airport premises) ANY ONE OCCURRENCE AND INTHEAGGREGATE $5,000,000 A AVIATION PRODUCTS LIABILITY AP3386982-02 10/1/00 10/l/01 INCLUDING WITHIN SUCH LIMIT ❑CLAIMS MADE Q 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 7.T OTHE TOR,LIMIT RS WORKERS COMPENSATION& EMPLOYERS'LIABILITY EACH ACCIDENT DISEASE-POLICY LIMIT DISEASE-EA EMPLOYEE OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS AS RESPECTS AVIATION PREMISES LIABILITY,CITY OF PALM SPRINGS(CITY),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 FMC'S INDEMNITY OBLIGATIONS UNDER THE CONTRACT. CERTIFICATE HOLDER CANCELLATION CITY OF PALM SPRINGS THIS CERTIFICATE OF INSURANCE NEITHER AMENDS, EXTENDS OR Attn:Judith Sumich,City Clerk ALTERS THE COVERAGE AFFORDED BY THE ABOVE NUMBERED 3200 Tahquitz Canyon Way POLICIES. THE INSURER TO GIVE 30 DAYS Palm Springs,CA 92262 WRITTEN NOTICE OF CANCELLATION O THE CERTIFICATE HOLDER. AUTHORIZED REP N TV HOMAS E.SEARS,INC. BY F-AI-Property-Jetway.DOC CERTIFICATE OF LIAB I LITWSURANCE Debbie Larsen/Air _ewices-Odgen, UT DATE (MM/DD/YY) Fax No.(801)629-3487 1 1/16/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS MARSH USA, INC. CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE CHICAGO, IL 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 AIRPORT SERVICES LETTER A: (Best'sRating: A++XV) A DIVISION OF COMPANY LETTER B: FMC CORPORATION 200 E. RANDOLPH DRIVE LETTERCOMPANY CHICAGO, IL 60601 COMMA C: COMPANY LETTER D: COVERAGES THIS 15 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 POLICYEFFECTIVE POLICY LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDAY EXPIRATION LIMITS I DATE rMMIDDAYI GENERAL LIABILITY EACH OCCURRENCE $ ❑COMMERCIAL GENERAL LIABILITY ❑CLAIMS MADE 2 OCCUR GENERAL AGGREGATE $ OWNER'S&CONTRACTOR'S PROT AUTOMOBILE LIABILITY ❑ANY AUTO RMCA 534-73-69(AIDS)A ALL OWNED AUTOS RMCA 534-74-30(TX) 10-1-00 10-1-01 COMBINED SINGLE LIMIT $2,000,000 SCHEDULED AUTOS (not on airport premises) HIRED AUTOSINON-OWNED AUTOS GARBAGE LIABILITY EXCESS EMPLOYERS LIABILITY RMWC 347-49-57(AOS) A RMWC 347-51-21 (CA, 10-1-00 70-1-01 EACH OCCURRENCE $ E1UMBRELLA FORM ID,IL,ME,PA,WA,WV) MOTHER THAN UMBRELLA FORM TOTC STPT x RY'ACs OTHER WORKERS COMPENSATION& RMWC 347-49-57(ADS) EACH ACCIDENT $100,000 A EMPLOYERS'LIABILITY RMWC 347-51-21 (CA, D.IL,ME,PA,WA,WV) 10-7-00 10-1-01 DISEASE-POLICY LIMIT §100,000 DISEASE-EA EMPLOYEE $100,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS WITH RESPECT TO THE AUTOMOBILE LIABILITY POLICIES CITED ABOVE, CITY OF PALM SPRINGS(CITY),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 THE THEM IN CONNECTION WITH WORK UNDERTAKEN BY OR ON BEHALF OF THE NAMED INSURED TO THE EXTENT OF FMC'S INDEMNITY OBLIGATIONS UNDER THE CONTRACT. CERTIFICATE HOLDER CANCELLATION CITY OF PALM SPRINGS THIS CERTIFICATE OF INSURANCE NEITHER AMENDS, EXTENDS OR Attn:Judith Sumich,City Clerk ALTERS THE COVERAGE AFFORDED BY THE ABOVE NUMBERED 3200 Tahquitz Canyon Way POLICIES. THE INSURER WILL ENBBAME) TO GIVE 30 DAYS Palm Springs, CA 92282 WRITTEN NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER. AUTHORIZED REPRESENTATIVE F-00-AI-Jetway DOC CERTIFICATE OF LIABILI SURANCE Debbie Larsen/Air ewices,Ogden, UT DATE (MM/DD/YY) Fax No. 801 629 3487 1/16/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY MARSH USA, INC. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE CHICAGO, IL AFFORDED BY THE POLICIES BELOW. CERTIFICATE ISSUED BY T.E.S. COMPANIES AFFORDING COVERAGE FOR QUESTIONS CALL(617)426-8300 X234 INSURED COMPANY AMERICAN INTERNATIONAL SPECIALTY LINES AIRPORT SERVICES LETTER A: INSURANCE COMPANY A DIVISION OF COMPANY FMC CORPORATION 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 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 OLICY EFFECTIVE POLICY CO P DO TYPE OF INSURANCE POLICY NUMBER OLICYEDATE MIOCMQ EXPIRATION LIMITS LTRGATE IMMIDD", GENERAL LIABILITY EACH OCCURRENCE $ ❑COMMERCIAL GENERAL LIABILITY ❑CLAIMS MADE❑OCCUR ❑ GENERALAGGREGATE $ OWNER'S&CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS COMBINED SINGLE LIMIT SCHEDULED AUTOS HIRED AUTOSINON-OWNED AUTOS GARGAGE LIABILITY EACH OCCURRENCE AND IEI�XXrCESS LIABILITY AGGREGATE(WHERE CI A UMBRELLA FORM BE 26734-67 10-1-00 10-1-01 APPLICABLE EXCESS VARIOUS UNDERLYING F $3,000,000 ❑OTHER THAN UMBRELLA FORM AMOUNTS ($2M GL,$2M AL and$2M EL) we sTniu- OTHER TORV LIMITS WORKERS COMPENSATION& EMPLOYERS'LIABILITY EACH ACCIDENT DISEASE-POLICY LIMIT DISEASE-EA EMPLOYEE OTHER DESCRIPTION OF OPERATIONSILOCATIONSA/EHICLES/SPECIAL ITEMS WITH RESPECT TO THE UMBRELLA LIABILITY POLICY CITED ABOVE, CITY OF PALM SPRINGS(CITY),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 FMC'S INDEMNITY OBLIGATIONS UNDER THE CONTRACT. CERTIFICATE HOLDER CANCELLATION CITY OF PALM SPRINGS THIS CERTIFICATE OF INSURANCE NEITHER AMENDS, EXTENDS OR Attn: Judith Sumich, City Clerk ALTERS THE COVERAGE AFFORDED BY THE ABOVE NUMBERED 3200 Tahquitz Canyon Way POLICIES. THE INSURER 4Rkl: FNW A`IQ TO GIVE 30 DAYS Palm Springs, CA 92262 WRITTEN NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER. AUTHORIZED REPRESENTATIVE T OM4S .SEARS,INC. B F-00-AI-Jetway DOC