HomeMy WebLinkAboutC-7199-1 - On-Call M/RSA for Radio Tower Maintenance and Repair Services14M
AMENDMENT NO. TWO TO
rON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
V WITH PETROLEUM TELCOM INC. FOR
RADIO TOWER MAINTENANCE AND REPAIR SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this
26th day of April, 2021 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and PETROLEUM
TELCOM INC., a California corporation ("Contractor"), whose address is 411 North
Lombard Street, Unit D, Oxnard, California 93030, and is made with reference to the
following:
RECITALS
A. On July 10, 2017, City and Contractor entered into an On -Call Maintenance/Repair
Services Agreement ("Agreement") for on-call maintenance and/or repair services
described in the Agreement ("Project").
B. On June 22, 2020, City and Contractor entered into Amendment No One to the
Agreement to extend the term of the Agreement to June 30, 2021, and to amend
the Insurance section of the Agreement.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to June 30, 2022.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2022, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: JWCv'l
ron C. Harp A" � •(�•�
City Attorney
ATTEST: ��
Date: + I.
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: G-'7.2/
By:
Mark Vuk evic
Utilities Director
CONSULTANT: PETROLEUM TELCOM
INC., a California corporation
Date: (al 1 17 ,
By: -- _
Frank R. Hines
Chief Executive Officer
Date: 0, 1 -(�
By: 0 -
Dale E. Hines
Chief Financial Officer
[END OF SIGNATURES]
Petroleum Telcom Inc. Page 2
CT
(' AMENDMENT NO. ONE TO
v ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH PETROLEUM TELCOM INC. FOR
RADIO TOWER MAINTENANCE AND REPAIR SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this
22nd day of June, 2020 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and PETROLEUM
TELCOM INC., a California corporation ("Contractor"), whose address is 411 North
Lombard Street, Unit D, Oxnard, California 93030, and is made with reference to the
following:
RECITALS
A. On July 10, 2017, City and Contractor entered into an On -Call Maintenance/Repair
Services Agreement ("Agreement") for on-call maintenance and/or repair services
described in the Agreement ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to June 30, 2021, and to amend the Insurance section of the
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein."
2. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Section 5(A) of Exhibit C of the Agreement is amended in its entirety and replaced
with the following: "Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15)
days prior to the expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has been provided
through another insurance company or companies. City reserves the right to require
complete, certified copies of all required insurance policies, at any time."
INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Petroleum Telcom Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 6,1 zo
By: 14P C"1
Won C. Harp 6-�(-'w
City Attorney
Date: 1.7)n)x
I%. MIN"—Z
City Clerk
CITY OF NEWPORT BEACH,
a California muni ipal corporation
Date: % �p- 2 o
Mark Vuk jevic
Utilities Director
CONSULTANT: PETROLEUM TELCOM
INC., a Californi corporation
Date: (�i ZS� TO
By: '
Frank R. Ines
Chief Executive Officer
Date: (61 ZsI Zc
BY: Vve
Dale E. Hines
Chief Financial Officer
[END OF SIGNATURES]
Petroleum Telcom Inc. Page 3
Mulvey, Jennifer
From: Rosenbaum, Joshua
Sent: Thursday, September 17, 2020 9:02 AM
To: Mulvey, Jennifer
Subject: FW: Compliance Alert -Vendor Number FV00000180
Hi Jennifer,
Please see the email below from EBIX for Petroleum Telcom.
Thank you,
Josh
—Original Message—
From: Customer Service <customerservice@ebix.com>
Sent: Wednesday, September 16, 2020 5:23 PM
To: Rosenbaum, Joshua <jrosenbaum@newportbeachca.gov>; Insurance <insurance@newportbeachca.gov>
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number FV00000180
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000180 Petroleum Telcom, Inc
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
Cr ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH PETROLEUM TELCOM INC. FOR
RADIO TOWER MAINTENANCE AND REPAIR SERVICES
MIN
THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement') is made and entered into as of this 10th day of July, 2017 ("Effective Date'),
by and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and Petroleum Telcom Inc., a California corporation ("Contractor"),
whose address is 411 North Lombard Street, Unit D, Oxnard, CA 93030, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on-call maintenance and/or repair
services for City (`Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2020, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the Services;
and
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Sixty Thousand Dollars and 00/100 ($60,000.00),
without prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
Petroleum Telcom Inc. Page 2
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Dale Hines to be its Project
Manager. Contractor shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Utilities Manager or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
Petroleum Telcom Inc. Page 3
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services shall not be responsible in any manner for any loss
or damage to any of the materials or other things used or employed in performing the
Project or for injury to or death of any person as a result of Contractor's performance of
the Services required hereunder; or for damage to property from any cause arising from
the performance of the Project and/or Services by Contractor, or its subcontractors, or its
workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
Petroleum Telcom Inc. Page 4
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
Petroleum Telcom Inc. Page 5
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
11.1 Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
11.2 Contractor agrees and acknowledges that no individual performing Services
or Work pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least an average of twenty (20) hours per week for
one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be
a CalPERS member.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
ilCl�0 &IliZT112w[olt
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
Petroleum Telcom Inc. Page 6
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
Petroleum Telcom Inc. Page 7
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
Petroleum Telcom Inc. Page 8
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Contractor shall indemnify and hold harmless City for any and
all claims for damages resulting from Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Utilities Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Dale Hines
Petroleum Telcom Inc.
411 N. Lombard St. Unit D
Oxnard, CA 93030
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
Petroleum Telcom Inc. Page 9
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSK) (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
Petroleum Telcom Inc. Page 10
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 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 the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
Petroleum Telcom Inc. Page 11
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Petroleum Telcom Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 101o2!/�-
By: rm
Aaroq.l. Harp
QjtKAttkmey
ATTEST:
Date: I01 P. it 1
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: io-oG- zol
By:
George Murd ch
Director, Municipal Operations
Department - Utilities
CONTRACTOR: Petroleum Telcom
Inc., a California corporation
Date:
Signed in Counterpart
Frank Hines
CEO
Bv: Signed in Counterpart
Dale Hines
CFO
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Petroleum Telcom Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: is/e t/l7
By:
Aaron Harp 'n2
City MlohaeY
ATTEST:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
George Murdoch
Director, Municipal Operations
Department - Utilities
CONTRACTOR: Petroleum Telcom
Inc., a Califor is corporation
Date: iU `{ la
By:
Fran Ines
CEO
Date: \ 0`11 1-4
By: Vv +—
Dale Hines
CFO
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
Petroleum Telcom Inc. Page 13
I:*:�:II=1 kr_I
SCOPE OF SERVICES
Petroleum Telcom Inc. Page A-1
SCOPE OF SERVICES
• INTENT
o The intent of these specifications is to provide preventive maintenance and
installation services, and as -needed repairs of the radio tower at the City Utilities
Yard.
• DESCRIPTION OF PROJECT
o Furnish all labor, equipment, materials, and supervision to provide annual
preventive tower maintenance and as -needed installation, repair, and
maintenance service of the radio tower structure, antennas, antenna cables, and
radio equipment located at the City Utilities Yard.
• LEVEL OF MAINTENANCE
o If, in the judgment of the City, the level of maintenance is less than that specified
in the Agreement, the City shall, at its option, in addition to or in lieu of other
remedies provided herein, withhold appropriate payment from the Contractor
until services are rendered in accordance with specifications set forth in the
Agreement and providing no other arrangements have been made between the
Contractor and the City. Failure to notify of a change and/or failure to perform an
item or work on a scheduled day may, at the City's sole discretion, result in
deduction of payment for that date, week, or month. Payment will be retained for
work not performed until such time as the work is performed to standards set
forth in the Agreement.
o The Contractor shall perform all work required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
• SUPERVISION OF CONTRACT
o All Work shall meet with the approval of the Project Administrator. Any specific
problem area which does not meet the conditions of the specifications set forth
herein shall be called to the attention of the Contractor and if not corrected,
payment to the Contractor will not be made until condition is corrected in a
satisfactory manner as set forth in the specifications.
• WORKING HOURS
o Normal working hours shall be between the hours of 7:00 a.m. and 4:00 p.m.,
Monday through Thursday, and 7:00 a.m. and 3:00 p.m. on Fridays.
• PREVENTIVE/SCHEDULED MAINTENANCE SERVICES
o Contractor shall provide the City with an annual preventive maintenance schedule
detailing items that will be reviewed and any maintenance completed of the radio
tower at the City Utilities Yard.
o Contractor shall be at minimum responsible for annually:
• Inspecting the general condition of structural members for indications of
unusual stress or damage;
• Identifying loose or missing components;
■ Inspecting foundation of tower and guy anchors;
• Inspecting guy lines and fittings for vibration and slippage;
• Inspecting paint for peeling, flaking, fading, and visual effectiveness;
■ Inspecting lighting and fixtures for visual effectiveness;
• Ensuring that structural members and immediately surrounding areas are
clear of debris and hazards; and
■ Ensuring that safety equipment is present and secure.
o Contractor shall provide City with an annual inspection report noting deficiencies
and suggested maintenance and repair items.
o Contractor shall contact City immediately when items are identified as safety
issues or issues that could result in operational failures of the system.
• AS -NEEDED REPAIR SERVICES
o City shall request in writing, the necessary maintenance repair services
required in adequate detail. Contractor shall then provide a letter proposal for
Services as outlined in the Agreement. No Services shall be provided until the
City has provided written acceptance of the Letter Proposal.
• CERTIFICATION AND QUALIFICATIONS
o Contractor's tower workers and supervisors shall be trained and certified tower
climbers with an active license during the entire term of the Contract. Contractor
shall use all required climbing safety equipment. Contractor shall employ a
program of regular climbing apparatus testing. Contractor shall, within fifteen (15)
days of the effective date of an executed agreement, submit proof of current
certification for tower climbing and documentation of compliance and testing for
each employee.
o Contractor's tower workers and supervisors shall be trained in Electromagnetic
Energy Safety (EME Safety) and compliance, and possess personal Radio
Frequency Safety (RF Safety) dosimeter monitoring devices. These must be in
operation when working in high Radio Frequency (RF) energy locations.
o No tower work shall be performed without the presence of a Contractor provided
safety person on-site.
o When necessary, transmitters shall be turned off to meet Federal
Communications Commission Electromagnetic Energy Safety (FCC EME Safety)
occupational regulations of tower workers. Contractor shall notify Project
Administrator prior to turning off transmitter.
o Contractor's employees must be trained and currently certified in first aid and
CPR, and maintain an industrial -type first aid kit in their vehicles at all times.
o Contractor's employees must be trained in fire protection and shall maintain a
suitable portable fire extinguisher in their vehicles at all times.
o Contractor's employees shall be trained in health and safety per CALOSHA
requirements.
• REGULATORY REQUIREMENTS
o Contractor shall ensure that the radio tower meets the tower marking and lighting
requirements in FCC 47 CFR Part 17 and FAA 70/7460-1K.
TECHNICAL SPECIFICATIONS
• COMMUNICATIONS ANTENNAS
o All communications antennas, regardless of specific installation location, shall be
erected in such a manner as to be plumb. Antennas shall be installed on mounts
provided. If fabrication is necessary antenna mounts shall be HOT -DIP
GALVANIZED after fabrication. Antenna mounting hardware shall be of HOT -DIP
GALVANIZED or STAINLESS STEEL material. Conduit (which is already galvanized)
may be utilized when mounting antennas to tower structures. Exterior utilization
of ELECTRO -GALVANIZED or PLATED material for any type of installation is not
permissible.
o If the galvanizing on any antenna support is heavily scratched, saw cut, drilled or
destroyed in any manner, the damaged area should be repaired using COLD
GALVANIZING COMPOUND.
o Antenna mounting hardware shall provide a good bond between antenna and
antenna mount.
o Utilization of side-arm kits and crossover plates for antenna installations on
towers is discouraged and shall be considered only on an "as -needed" basis.
Utilization of side-arm kits for mounting of antennas on towers having a taper will
not be permitted.
o Project Administrator shall make antenna location assignments for all antenna
installations. The Project Administrator may also (upon request) make
recommendations for installations under the jurisdiction of other agencies.
However, unless specifically requested, all non -city installations shall be
coordinated with the controlling agency.
• COMMUNICATIONS ANTENNA COAXIAL FEED LINE
o All antennas shall have a jumper constructed of Andrew Corporation LDF4-50A or
similar (not to exceed 50 inches) and Andrew Corporation LDF5-50A or similar as
the primary feed line. A "drip loop" shall be formed as the jumper or feed line is
installed. The manufacturer -recommended bending radius specifications shall not
be exceeded. Coaxial feed line connectors shall not fall within, or be obscured by,
any antenna support pipe or conduit run when making antenna feed line
installations inside of support pipes or conduit runs. Antenna feed line runs to be
installed in conduit or pipes will require special consideration and the approval of
the Project Administrator.
o Bulk feed line shall be supplied when more cost-effective.
o Antenna feed line connectors utilized on each end of Andrew Corporation LDF5-
50A or similar and larger cable shall be of the DIN type. Jumper cables of Andrew
Corporation LDF4-50A or similar shall have DIN -type connectors installed. N type
connectors are allowed when required antennas cannot be ordered with DIN
connectors.
o The use of Andrew Corporation FSJ4-50B SUPERFLEXIBLE or similar cable shall be
permitted only in those cases where the bending radius required cannot be
achieved when using Andrew Corporation LDF4-50A or similar. The use of Andrew
Corporation FSJ1-50 or Andrew Corporation LDF2-50 or similar shall not be
permitted. Any variation from the above shall require the approval of the Project
Administrator. Coordination and approval shall be required with other controlling
agencies.
o The use of cavities/duplexers shall be utilized on all base station installations when
required. Duplexers shall be of the pass/reject or pass -only type. Individual
cavities may be of the pass -only or pass/reject type depending upon the
application. Notch/notch duplexers shall not be permitted for any installation.
o Bracket antenna feed line support. This is dependent upon which side of the tower
the antenna is to be mounted. All antenna feed line runs shall be secured to the
existing Unistrut brackets with HOT -DIP GALVANIZED Unistrut clamps and
STAINLESS STEEL hardware.
o All antenna feed line runs shall follow the appropriate antenna feed line ladder
support. This is dependent upon which side of the tower the antenna is to be
mounted. Accordingly, inside and outside positions on the cable ladder shall be
evenly utilized when making antenna feed line installations. All antenna feed line
runs shall be secured to the antenna feed line ladder by using Andrew Corporation
Type 42396A-5 or similar snap -in hanger kit.
o Where antenna feed line support systems have not been provided, antenna feed
line runs may be secured by the utilization of stainless angle adapter clamps
(Andrew part number 31768A or similar) and the appropriate Andrew hanger kit
or similar number for size of cable attached to the tower face cross angles.
o Where galvanized pipe or electrical conduit has been utilized for mounting
antennas, the vertical antenna feed line runs may be secured by the utilization of
stainless steel wraplock or stainless steel ties. When installing antenna feed line
runs, no feed line shall be attached to or supported by any other individual
antenna feed line run already installed. Attachment intervals shall follow that of
the manufacturer recommendation as provided in the Andrew Corporation or
similar reference catalog.
o The utilization of messenger cable for antenna feed line support shall be
considered on an as -needed basis.
o All antenna feed line runs inside buildings (where cable trays are provided) may
be secured by utilization of black nylon cable ties. Where cable trays are not
provided, the use of jiffy clips, one -hole pipe straps, rigid conduit straps, Unistrut
and Unistrut clamps or black nylon cable ties shall be permitted to secure antenna
feed line runs. Utilization of ELECTRO -GALVANIZED or PLATED material inside of
buildings is permitted.
o When Andrew Corporation LDF5-50A or similar antenna feed line is used for the
primary run, it shall terminate (when cable trays are provided) approximately
twelve inches prior to being centered over a radio rack or radio cabinet. Ajumper
cable utilizing Andrew Corporation LDF4-SOA or similar shall be constructed to
connect the antenna feed line to a base station, duplexer, transmitter combiner
or receiver combiner, etc. In some cases RG -214, RG -142, RG -400 or Andrew FSJ4-
50B or similar may be permitted
o If a coax protector is to be utilized for the installation, it shall be installed in the
cable tray between the 7/8" run of antenna feed line and the jumper cable going
to the equipment. The coax protector shall be connected to the ground bus at this
point. PolyPhaser (part number IS-850HN-MA or similar) shall be used for single
station installations and an IS-PTSOHN-MA or similar shall be used for installations
with combiners.
o All antenna feed line runs shall have cable identification tags and shall denote
antenna location on tower. An antenna location chart and antenna feed line run
chart shall be provided by Project Administrator.
o The antenna feed line point of connection to a vertical antenna (Stationmaster
type or similar) shall be sealed with electrical tape. A minimum of three wraps
shall be utilized. All other types of antennas, with exposed connectors, shall be
sealed with Andrew Corporation Type 34283 Connector Burial Kit or similar. This
shall consist of one wrap of electrical tape, one wrap of Type 34283 Connector
Burial Kit or similar and three additional wraps of electrical tape. All wraps shall
be pulled tight.
o The point of connection of the Andrew Corporation LDF4-50A and LDF5-50A (on
the antenna end) or similar shall be sealed. This shall consist of one wrap of
electrical tape, one wrap of Andrew Type 34283 Connector Burial Kit or similar
and three additional wraps of electrical tape. All wraps shall be pulled tight.
o All antenna feed line runs shall be grounded at the top of the feed line to the tower
structure antenna mounting level. This will require the installation of a grounding
kit similar to Andrew Corporation Type 204989-2 Strap Kit or similar (for Andrew
Corporation LDF5-50A) or appropriate kit number for the antenna feed line being
used. The grounding kit shall be placed just prior to the antenna feed line starting
down the vertical run. All antenna feed line runs shall again be grounded at the
bottom of the vertical run with the same type grounding kit. It shall be placed just
prior to the antenna feed line starting the horizontal run at the bottom of the
tower. Grounding shall be by attachment to the tower by the use of stainless steel
angle adapter clamps and stainless steel screws.
o CADWELD process shall be utilized to bond the grounding rod and ground wire
together. The grounding rod shall be (at minimum) a 5/8 -inch steel, copper clad
rod with a minimum length of eight feet. This rod should be driven to a depth of
eighteen inches below the surface. In some installations this will not be practical,
and in these cases a 3/4 -inch steel, copper clad rod ten feet in length shall be
utilized. This condition shall exist when concrete or asphalt must be penetrated to
install a single grounding rod.
• MICROWAVE DISH INSTALLATION
o All microwave dish mounts shall be HOT -DIPPED GALVANIZED after fabrication.
Each microwave dish leg mount shall be constructed and mounted so as to be
plumb. All microwave dishes, after mounting, shall have a stabilizer arm attached
and shall be properly anchored so as to prohibit the microwave dish from moving
during high winds. Mounting of microwave dishes between tower legs shall be
considered on an as -needed basis.
o Elliptical waveguide shall be utilized for all microwave installations from 6 GHz
through 18 GHz. All microwave waveguide shall be grounded by following the
same procedure as that of antenna feed line grounding. The required grounding
kit shall be obtained from the Andrew Corporation or similar reference catalog for
the type of waveguide being utilized. Special consideration shall be given to
microwave waveguide installations and shall require contacting the Project
Administrator.
• EQUIPMENT INSTALLATIONS
o The radio facilities are designed to utilize open rack mounting for equipment
installation. Floor spacing and electrical outlet spacing in cable trays follow this
pattern, which is designed to maximize the amount of equipment within the
available floor space.
o Some radios, when manufactured, are designed to have the antenna
connectors and control cables exit to the side. Side -mounted connectors
require additional and odd spacing and disrupt designated floor plans.
Mounting of this type of equipment, without modification, shall not be
permitted. Installation of this type of equipment shall require coordination for
facilities under the jurisdiction of other agencies.
o All equipment shall be securely anchored to resist upset in the event of seismic
activity. RAMSETIRED HEAD RM -58 or similar anchors, in conjunction with a
grade five bolt, shall be utilized to secure radio racks or cabinets to concrete
floors. A minimum bolt size of 5/8 -inch shall be utilized. Care should be
exercised in selecting proper length of bolt, proper size flat and lock washers.
Racks or cabinets shall be shimmed so as to provide a plumb installation. If
applicable, the first rack in each row shall be anchored to the wall. All
additional racks (when installed) shall be bolted to the adjacent rack at the
top. Every third rack shall be restrained at the top with an earthquake -bracing
kit.
o When anchoring equipment to raised flooring, the proper anchor shall be
installed in the concrete floor. The retaining bolt or threaded rod shall extend
from the anchor to the equipment to be anchored. If applicable, racks shall be
restrained at the top.
o The Project Administrator shall make floor space assignments. Installations of
equipment shall be well planned in order to provide a minimum of
interference or downtime to system users. All installations or modifications
that require the disabling of an operational system shall be coordinated with
the proper jurisdiction. All equipment installations shall comply with all local
building and electrical codes.
o All equipment racks and cabinets shall be grounded when installed. Minimum
size grounding conductor shall be a #6 solid or stranded conductor and shall
be connected only at the equipment rack and at the ground bus. If a method
of grounding is unavailable, a grounding rod shall be installed and shall follow
the requirements for grounding rod installation. This may be necessary at
some building locations or small remote sites.
o If required under contract, all related equipment being replaced shall be
removed and delivered to a location pre -designated by the proper authority.
Reasonable care shall be exercised when removing existing equipment so as
not to cause damage. Existing cables shall not be cut without specific approval
from Project Administrator.
• CONNECTIONS TO EQUIPMENT
o Where radio frequency interference is a high probability, all audio lines shall
utilize twisted -pair "Beldfoil Shield" jacketed cable similar to Belden 8450. This
is 22 -gauge, solid -conductor cable and contains a drain wire, which shall be
grounded at the base station end only. This cable may be utilized when making
connections to a multiplex channel, demarcation block or punch block. When
a "Push -to -Talk" function is required, a two -conductor jacketed cable shall be
utilized. Use of telephone- type cable is permissible where a single station is
installed in a non -radio frequency interference environment.
o All console control functions and audio lines shall be terminated on industry
standard punch blocks. Punch blocks shall be of the type that utilizes pre -wired
25 -pair connectors. These shall be equipped with shorting clips to allow
equipment to be easily isolated. All wiring between consoles shall be by
connector only and consoles shall not be "daisy -chained". Cables terminating
on punch blocks shall follow industry standard color -coding formats, and shall
be neatly dressed and secured. When using pre -made cables, the excess (if
more than two foot) shall not be coiled but shall require cutting and
attachment of new connector. Each cable shall be tested as to proper
continuity and color -coding.
o The installation of data, intercom, public address, alarm, closed circuit
television, cable television distribution, and other miscellaneous systems shall
be considered on an "as -needed" basis.
• BATTERIES
o An earthquake -resistant rack shall be utilized when the installation of batteries
is required. Batteries shall be installed for maximum protection in reference
to seismic area.
o When batteries and battery chargers are to be installed and located at a
distance from the using equipment, both DC leads (A+ and A-) shall be fused
at the source end. Fuse blocks or disconnects shall be located near the
batteries. Any length of DC cables that requires physical support shall be
installed in conduit runs or cable trays.
o System chargers for 24 -volt or 48 -volt microwave batteries shall have a
primary input of 120/208/240.
o Where possible, all 24 -volt or 48 -volt system chargers shall operate on 240 or
208 volts AC primary power.
o When batteries are installed with a base station and are to be located at a
distance from this station, both leads (A+ and A-) shall be fused at the battery
end. The A+ lead shall also be fused at the base station end. Any distance of
separation that requires physical support shall be installed in conduit runs or
cable trays. Distance and current requirement shall determine the size of cable
that shall be installed with battery systems. Cable size shall be adequate
enough to prevent a voltage drop serious enough to affect the operation of
equipment.
o It is highly recommended that batteries used in microwave or base station
systems be of the Absorbed or Immobilized Electrolyte type with sealed or
self -resealing safety vents and can be mounted in a vertical position with a
very small footprint.
• BASE STATIONS
o All base station installations above 50 MHz shall have, at minimum, a single -
stage circulator or isolator installed, equipped with proper load. If a circulator
or an isolator is used, a harmonic filter shall be installed between the circulator
or isolator and the antenna. Frequencies below 50 MHz shall be considered on
an "as -needed" basis.
• DOCUMENTATION
o All systems, when installed, shall have system documentation "as -built"
completed prior to final acceptance. This shall include all information
necessary for Project Administrator to effectively make repairs in the future.
This shall include final strapping, cable identification, level settings,
modifications, or any other special information that may affect the repair of
said equipment.
If connected to microwave, it shall have a block diagram showing final system
levels and strapping required to make the system operational.
ANTENNA AND MICROWAVE LIST
# Elevatlon Pan Number
Cable Sae
1 314 SINCLAIR SE419�SF3PALDF
718'
2 287 SINCLAIR SE419-SF3PA1.DF
718'
3 274.5 SINCIAIR SE41MF3PALDF
718'
4 246 COMMANDER 10017-8
718'
5 230 COMMANDER 10017-8
710'
6 214 COMMANDER 1D017-8
718'
7 225 ARROW CRI46440
718-
8 210 SIRIOWY4M3N
112'
9 205 SIRIO WY4003N
117
10 202 MICROWAVE FS3
CAT5
11 200 MICROWAVE GSU
CAT5
12 196 MIRCOWAVE FS -7
(4)CAT5
13 194 MICROWAVELGHO
(4)CAT5
14 190 MICROWAVECC
(4)CAT5
15 ISO SIRIO WY4003N
1r2'
16 121 COMTELCO 0945DXL4.&C
112'
17 43 ANOREW PAR65SA
EW63
18 22 GPS ANTENNAS
LMR400
RADIO TOWER
ANTENNA, MICROWAVE AND GUY
PLAN LAYOUT
RADIO TOWER EXHIBIT
GUY ANCHOR
125` R=130.5'
6'
117, 116°
R=136'
GUYANCHOR
GUY PLAN
2.5/8" 1x7 EHS GALV. CABLE 4240 LBS (TOP)
3.1/2" 1x7 EHS GALV. CABLE 2690 LBS (BOT)
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3/20/17
EXHIBIT B
SCHEDULE OF BILLING RATES
Petroleum Telcom Inc. Page B-1
SCHEDULE OF BILLING RATES
Annual Preventive/Scheduled
Total Annual Cost
$ $4,330.00
As -Needed Re air and Installation Services
Regular
Hourly Rate
Regular
Minimum Flours
After -Hours
Hourly Rate*
AJier-Hours
Minimuur Hours
Materials
Charge
$ $255.00
4 hr(s)
$ 3 1M4
hr(s)
14
*After -Hours rate will be any time outside the regular hours of Monday- Thursday, 7:OOAM to 4:OOPM,
and Fridays from 7:00 AM to 3:00 PM. This rate also Includes weekends and holidays.
**Project Administrator reserves the right to request that all original receipts of materials be turned in
with invoices before Contractor is paid.
TOTAL CONTRACT NOT TO EXCEED: $60,000.00
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
Petroleum Telcom Inc. Page C-1
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Umbrella or Excess Liability Insurance. Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits of not
less than one million dollars ($1,000,000) that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above. Such policy or policies shall include
the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that
any primary insurance limits are exhausted by paid claims;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Contractor or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
Petroleum Telcom Inc. Page C-2
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
Petroleum Telcom Inc. Page C-3
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Petroleum Telcom Inc. Page C-4
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Petroleum Telcom Inc. hereinafter designated as the "Principal," a contract for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Contract; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
Petroleum Telcom Inc. Page D-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20_
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
am
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Petroleum Telcom Inc. Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Petroleum Telcom Inc. Page D-3
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Petroleum Telcom Inc. hereinafter designated as the "Principal," a contract for Radio
Tower Maintenance and Repair Services in the City of Newport Beach, in strict conformity
with the Contract on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Petroleum Telcom Inc. Page E-1
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Petroleum Telcom Inc. Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Petroleum Telcom Inc. Page E-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 7/13/17 Dept./Contact Received From: Joan
Date Completed: 8/14/17 Sent to: Joan By: Jan / Alicia
Company/Person required to have certificate: Petroleum Telcom
Type of contract: All Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/1/17-6/1/18
A.
INSURANCE COMPANY: United National Insurance Company
B.
AM BEST RATING (A-: VII or greater): A: XI
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes E No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT—please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
N/A
F.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
E N/A ❑ Yes ❑ No
G.
COMPLETED OPERATIONS ENDORSEMENT (completed
❑ N/A ❑ Yes ® No
H.
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 6/1/17-6/1/18
A.
INSURANCE COMPANY: West American Ins. Co.
B.
AM BEST RATING (A-: VII or greater) A: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
E N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/17-4/1/18
A. INSURANCE COMPANY: State Compensation Insurance Func
B. AM BEST RATING (A-: VII or greater): N/A
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
8/14/17
Date
® Yes ❑ No
® Yes ❑ No
1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _:
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Manaoement approval needed due to GL carrier beino non -admitted. Sheri ADDroved 7/14/17.
Umbrella Liability — Eff 6/5/17-10/5/17 Carrier National Union — Limit $2M/2M
Approved:
Risk Management
* Subject to the terms of the contract.
Date