HomeMy WebLinkAboutC-6027 - On-Call M/RSA for Radio Tower Maintenance & Repairr
N
l ON -CALL MAINTENANCEIREPAIRSERVlCES AGREEMENT
CJ WITH RADIO NETWORK, INC. FOR
RADIO TOWER MAINTENANCE & REPAIR
THIS ON -CALL MAINTENANCE /REPAIR SERVICES AGREEMENT
( "Agreement') is made and entered into as of this 28th day of January, 2015 ( "Effective
Date "), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ( "City "), and RADIO NETWORK, INC., a California
corporation ( "Contractor'), whose address is 2 McLaren, Suite D, Irvine, California
92618, 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:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 13, 2018, 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 Thirty Thousand Dollars and 00/100
($30,000.00), without prior written amendment to the Agreement.
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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
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 Greg Souza 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 Equipment & Facilities 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.
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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
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 highest industry standards. 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 and all applicable federal, state and local laws and the industry standard.
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 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 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, 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, and employees (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' 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
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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.
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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.
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.
14. 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 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 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
this Agreement 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 this
Agreement in the form attached hereto as Exhibit E which is incorporated herein by this
reference.
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 execution of this Agreement, 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
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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
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.
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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.
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
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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.
�.L•7t1101 *?
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: Equipment & Facilities Manager
Municipal Operations
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: Greg Souza
Radio Network, Inc.
2 McLaren, Suite D
Irvine, CA 92618
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 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.).
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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 ( "FLSA ") (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.
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
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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, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
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]
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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: \
By:
Aaron C. Harp cAm o%(2U(pC'
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 1'Z7-1 S
By:
-041—�
Mike Pisani
Co -Director
ATTEST:I CONTRACTOR: Radio Network, Inc., a
Date: 1 California corporation
Date:�-
By: By:
Leilani I. Brown Christophe ouza
City Clerk President / CEO `--
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Date: OD
By:
Greg Souza
Vice President/ General Manager / CFO
[END OF SIGNATURES]
- Scope of Services
- Schedule of Billing Rates
- Insurance Requirements
- Labor and Materials Payment Bond
- Faithful Performance Bond
Radio Network, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
• INTENT
• The intent of this Request for Proposal is to select and enter into a five -year
maintenance agreement with the highest - qualified Contractor that will provide
preventative maintenance service and as- needed repairs of the radio tower at the
City Utilities Yard.
• DESCRIPTION OF PROJECT
• Furnish all labor, equipment, materials, and supervision to provide annual
preventative 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
• All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the enclosed maintenance specification description.
Standards and frequencies may be modified from time to time as deemed
necessary by the City for the proper maintenance of the sites.
• If, in the judgment of the City, the level of maintenance is less than that specified
herein, 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 within this document 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 City standard.
o The Contractor is required to correct deficiencies within the time specified by the
City. If noted deficient work has not been completed, payment for subject deficiency
shall be withheld and shall continue to be withheld until deficiency is corrected,
without right to retroactive payments.
o The Contractor shall diligently perform all the services described in the
Scope of Services ( "Services" or "Work "). As a material inducement to City
entering into this Agreement, Contractor represents and warrants that
Contractor is a provider of first class work and Contractor is experienced
in performing the Work contemplated herein and, in light of such status
and experience, Contractor covenants that it shall follow the highest
industry standards in performing the Work required hereunder and that all
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materials will be of good quality. For purposes of this Agreement, the
phrase "highest industry standards" shall mean those standards of
practice recognized by one or more first -class firms performing similar
work under similar circumstances.
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.
RESPONSIBILITY FOR DAMAGES OR INJURY
o City and all officers, employees and representatives thereof 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 by
Contractor, or its subcontractors, or its workers, or anyone employed by either of
them.
• 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, or the Work of any
subcontractor or supplier selected by Contractor.
• 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 (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' 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
Contractors 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
Radio Network, Inc. Page A -2
employed directly or indirectly by any of them or for whose acts they may be liable
or any or all of them).
• CORRESPONDENCE
o All correspondence shall be addressed to Equipment & Facilities Manager,
Municipal Operations Department, City of Newport Beach, 100 Civic Center Drive,
Newport Beach, CA 92658 -8915.
• WORKING HOURS
• Normal working hours shall be between the hours of 7:00 a.m. and 4:00 p.m.,
Monday through Friday.
• PREVENTATIVE /SCHEDULED MAINTENANCE SERVICES
• Contractor shall provide the City with a preventative maintenance schedule
detailing items that will be reviewed and any maintenance completed.
• 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.
• Contractor shall provide City with an annual inspection report noting deficiencies
and suggested maintenance and repair items.
• 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
• City shall request in writing, the necessary maintenance repair services required in
adequate detail. Contractor shall then provide a letter proposal for Services
Radio Network, Inc. Page A -3
requested by the City (hereinafter referred to as the "Letter Proposal "). The Letter
Proposal shall include the following:
• A detailed description of the Services to be provided;
• The estimated number of hours and cost to complete the Services; and
• The time needed to finish the specific Project.
• City will assess the Letter Proposal to ensure that services and costs
proposed are commensurate with those provided in the Contractor's
RFP response. No Services shall be provided until the City has
provided written acceptance of the Letter Proposal. Once authorized to
proceed, Contractor shall diligently perform the duties in the approved
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. No tower
work shall be performed without the presence of a Contractor provided safety
person on -site. 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.
• 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.
• Contractor's employees must be trained in fire protection and shall maintain a
suitable portable fire extinguisher in their vehicles at all times.
• Contractor's employees shall be trained in health and safety per CALOSHA
requirements.
• REGULATORY REQUIREMENTS
• Contractor shall ensure that the radio tower meets the tower marking and lighting
requirements in FCC 47 CFR Part 17 and FAA 70/7460 -1 K.
Radio Network, Inc. Page A -4
TECHNICAL SPECIFICATIONS
• COMMUNICATIONS ANTENNAS
• 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.
• 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.
• Antenna mounting hardware shall provide a good bond between antenna and
antenna mount.
• 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.
• 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
• 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.
• Bulk feed line shall be supplied when more cost - effective. The supplying of cable
kits usually results in the removal of one connector, cutting of cable, and re-
attachment of the connector. Jumpers supplied with cable kits are normally
excessive in length and need to be shortened. This results in a number of feet of
Radio Network, Inc. Page A -5
feed line for which the customer has paid for, but for which no benefit is received
and which requires additional work.
o Antenna feed line connectors utilized on each end of Andrew Corporation LDF5-
50A or similar and larger cable shall be of the female N- type. Jumper cables of
Andrew Corporation LDF4 -50A or similar shall have male N -type connectors
installed on one end and shall have the appropriate connector required for mating
on the other end.
• 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.
• 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.
• 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.
• 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.
Radio Network, Inc. Page A -6
o The utilization of messenger cable for antenna feed line support shall be considered
on an as- needed basis.
o All antenna feed line nuns 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. A jumper 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 718" 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- B50HN -MA or similar) shall be used for single
station installations and an IS- PTSOHN -MA or similar shall be used for installations
with combiners.
• 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.
• 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.
• 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 all antenna tower
structures. 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
Radio Network, Inc. Page A -7
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.
• 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.
• 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
Radio Network, Inc. Page A -8
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.
• 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.
• 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.
Radio Network, Inc. Page A -9
• AIL 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.
• 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
• 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.
• 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.
• System chargers for 24 -volt or 48 -volt microwave batteries shall have a
primary input of 120/208/240.
• Where possible, all 24 -volt or 48 -volt system chargers shall operate on
240 or 208 volts AC primary power.
• 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.
• 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.
Radio Network, Inc. Page A -10
• BASE STATIONS
c 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.
Radio Network, Inc. Page A -11
EXHIBIT B
SCHEDULE OF BILLING RATES
Radio Network, Inc. Page B -1
PROPOSAL OFFER FORM
Instructions: Complete this form and upload under the "Cost file" requirement on the City of Newport Beach
PlanetBids portal.
UNIT PRICES
A. The Contractor agrees that for requested and /or required changes in the scope of work,
including additions and deletions on work not performed, the Contract Sum shall be
adjusted in accordance with the following unit prices, where the City elects to use this
method in determining costs.
B. Contractor is advised that the unit prices will enter into the determination of the
contract award. Unreasonable prices may result in rejection of the entire bid proposal.
C. The unit price quoted by the Contractor shall be those unit prices that will be charged or
credited for labor be provided regardless of the total number units and /or amount of
labor required for added or deleted items of work.
D. All work shall be performed in accordance with specifications described in the RFP.
Preventive Maintenance Services
Regular
Hourly Rate
Monthly Cost
total Annual Cost
$ *See attached explanation
$ *See attached explanation
As- Needed Repair Services
Regular
Hourly Rate
Regular
Minimum Hours
After -Hours
Hourly Rate*
After -Hours
Minimum Hours
Materials
Charge
�hr(s)
%
*After -Hours rate will be any time outside the regular hours of Monday- Friday 7:00AM to 4:OOPM, 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. '
�-��m�
— (X,44_ � -
RFP No. 1516 c/-U(. -kAl `� 6, " / LS ' Proposal Offer Form
The undersigned certifies that submission of this Proposal is made without prior understanding,
arrangement, agreement, or connection with any corporation, firm or person submitting a
Proposal for the same services, and is in ail respects fair and without collusion of fraud. The
undersigned certifies that they have not entered into any arrangement or agreement with any
City of !Newport Beach public officer. The undersigned understands collusive practices are a
violation of State and ftoera law and can result in fines, prison sentences, and civil damage
awards.
Proposer Signature Date
(` +l ✓L l ��PN�� N`�_ 5���4
Printed Name and Title
RFP No. 15-16 Proposal Offer Form
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCEIREPAIRMANITORIAL 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 officers,
agents, employees and volunteers.
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 0001, 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
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
Radio Network, Inc. Page C -1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
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 elected or appointed officers, agents, officials, employees
and volunteers 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 subconsultants.
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 and its officers, officials, employees, and agents shall be included as
insureds under such policies.
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.
5. 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
Radio Network, Inc. Page C -2
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, 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 sub -
consultant 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.
Radio Network, Inc. Page C -3
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.
Radio Network, 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
Radio Network, 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 Thirty Thousand Dollars and 00 /100 ($30,000.00), lawful money
of the United States of America, said sum being equal to 100% of the estimated amount
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.
Radio Network, 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
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Radio Network, Inc. Page D -2
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
Radio Network, Inc., hereinafter designated as the "Principal," a contract for 2 McLaren,
Suite D, Irvine, California 92618 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
Thirty Thousand Dollars and 00/100 ($30,000.000) lawful money of the United States
of America, said sum being equal to 100% of the estimated amount of the Contract, 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
Radio Network, 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)
of Surety
Address of Surety
Telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
1/28/2015 Page E -2
ACKNOWLEDGMENT
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
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)
Radio Network, Inc.
CERTIFICATE OF LIABILITY INSURANCE
2/10/2015 }
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pallcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements).
PRODUCER
NFCC Insurance Solutions
7700 Irvine Center Drive
Suite 800
Irvine CA 92618
COMwE.CT Kevin Conn
PHOrE (688) 601 -0088 AIC No: (888)601 -0087
. kcannfinfcc ins . com
INS S AFFORDING COVERAGE
MAC s
INSURERAi41d Century Ins. Co.
X
INSURED
Radio Network, Inc.,
DBA: Eagle CODTlnunieations S Pinnacle Radio
2 McLaren, .Suite D
Irvine CA 92618
INSURER B:
/15/2014
_
INSURERC:
EACH OCCURRENCE
INSURER D:
PREMISES E ocxunence
INSURER E:
MED EXP (Any one arson )
INSURER F:
PERSONAL B ADV N.AIRY
COVERAGES CERTIFICATE NUMBER:CL1211800076 REVISION NUMBER:
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 PERTAN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, .
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR
TYPE OF INSURANCE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED W
POLICY NUMBER
MOMLI00 EFF
POLICY
LIMITS
A
GENERAL LIABILITY
X COMMERCVI GENERAL LIABILITY
CLAIMS -MADE OCCUR
X
605119019
/15/2014
./15/2015
EACH OCCURRENCE
$ 1,000,000
PREMISES E ocxunence
$ 75,000
MED EXP (Any one arson )
$ 10,000
PERSONAL B ADV N.AIRY
$ 1,0D0,000
GENERAL AGGREGATE
$ 2,000,.000
GENT, AGGREGATE
X POLICY
LIMIT APPLIES PER
PRO LOC
PRODUCTS - COMP /OP AGG
$ 2,000,000
$
A
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS WUTOS
X HIRED AUTOS X AUTOS
05119079
7/15/2014
7/15/2015
COMBINLO
110 0 000
BODILY WJURY (Par person)
$
BODILY N.RIRY (Per eaiEeM)
$
P de A
$
UMBRELLA. LIAS
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DEC) I I RETENTION
$
A
WORHERSCOMPENSATION
ANDEMPLOYERS' LIAE ILDY
ANY PROPRIETORIPARTNERIE ECUTIVE Y/N
(Mandatory In NH) LU��
Iryes tlesaibe lstler
DEGCIRIPTION OF OPERATIONS below
NIA
}[
09435956
/18/2015
/18/2016
X Y'C STATU- OTH-
E.L. EACH ACCIDENT
$ 11000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
EL .DISEASE - POLICY LIMIT
$ 1,000,000
A
BUSINESS PERSONAL PROP.
05119079
/15/2014
/15/2015
Nd,dibla$ 500 SF i RC $ 95,000
DESCRPTON OF OPERATIONS I LOCATIONS 1 VEHICLES (Aeach ACORD 101, AEdslonal Remarks ScInuWs, N mm span Is require(l)
The City of Newport Beach, its officers, officials, employees and volunteers are named as additional
insured per the attached primary and non - contributory for required by written contract.
Workers Compensation waiver of subrogation for The City of Newport Beach, its officers, officials,
employees and volunteers attached.
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2010 /05) ® 1988 -2010 ACORD CORPORATION. All rights reserved.
INS025 (201005)nl The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED W
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Newport Beach
100 Civic Center Drive
AUn1ORIZED REPRESENTATVE
Newport Beach, CA 92660
J
Kevin Conn /CONN �E.B
ACORD 25 (2010 /05) ® 1988 -2010 ACORD CORPORATION. All rights reserved.
INS025 (201005)nl The ACORD name and logo are registered marks of ACORD
NAMED INSURED: Radio Network, Inc. dba: Eagle Communication & Pinnacle Radio
POLICY NUMBER 605119079
COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Persons)
Or O anization s : I Location And Description Of Completed Operations
The City of Newport Beach, its officers, officials, employees and volunteers
Information re uiredto complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to
include as an additional insured :the persons) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam -
age" caused, in whole or in part, by "your work" at
the location: designated and described in the sched-
ule of this endorsement performed for that additional
insured and included in the 'products - completed
operations hazard".
It is fiuther agreed that the insurance. provided by this endorsement is Primary
Other insurance afforded to the Additional Tnsurred shall be excess of, and
does not contribute with, the insurance provided by this endorsement.
CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page I of 1 13
POLICY NUMBER: 605119079
THIS ENDORSEMENT CHANGES. THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to provision a. Primary.lnsurance of paragraph 4-. Other Insurance under SECTION IV -
COMMERCIAL GENERAL LIABILITY CONDITIONS:
However, when an additional insured has been added to this Coverage Part by attachment of an endorsement, we
Y411 not seek contribution from the "additional insured's own insurance" provided, that:
(1) You,and the additional insured, have agreed in written contract that this insurance is primary and. non-
contributory; and
(2) The "bodily injury" or "property damage" occurs, or the `personal and advertising injury" is committed,
subsequent to the execution of such contract.
B. For the purposes of this endorsement the following is added to SECTION V — DEFINITIONS:.
`Additional insured's own insurance" means other insurance for which the additional insured is designated as a
Named Insured.
22 -111 (0 M7) Page 1 of 1
GbA FARMERS
I N.SUR.AN CE
WORKERS' COMPENSATION AND EMPLOYERS'
LIABILITY INSURANCE POLICY
Named . Radio Network, Inc.
WC 99 0619
Insured , Eagle Communications & Agent
. Pinnacle Radio
. 2 McLaren, Suite D CA 92780 97 -20 -326 A09436966 2015
Irvine, CA 92618 Policy Number Polity
of the Company Year
Effective
I)ate 1/18/2015
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET
We have the fight to recover our payments from anyone liable for an injury eovcred by this policy. We will
not enforce our right against the person or organizadon for which you perform work under a written contract
that requires you to obtain this agreement from us.
The additional premium for this cudorscmcnt shall be 3 • o Mo of the Workers` Compensation premium
otherarise due for thestate(s) listed below on sueh.remuneration, subject to a minimum charge of 3%
All written contracts in the statc(s) of,
CA
The City of Newport Beach, its officers, officials, employees and volunteers
This endorsrment is parr of your policy. It supersedes and controls anyt hing to the contrary. It is otherwise
subject to all the terms of the policy.
Comrtetsigned .
Authorized Rrprrsentativc
nAw 1ST MIN 947 16369111 ME1OF!
x9996i9A
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 2/9/15
Date Completed: 2/13/15
Dept. /Contact Received From:
Sent to: Joan
Company /Person required to have certificate:
Type of contract:
Joan
By: Chris
Radio Network
All Others
GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 7/15/14- 7115/15
A. INSURANCE COMPANY: Mid Century Insurance Company
B. AM BEST RATING (A-: VII or greater): A:XV
C. ADMITTED Company (Must be Califomia Admitted):
Is Company admitted in California? ® Yes ❑ 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
INSURANCE COMPANY: Mid Century Insurance Company
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
ADMITTED COMPANY (Must be California Admitted):
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
® Yes ❑ No
its officers, officials, employees and volunteers): Is it
LIMITS - If Employees (Must be $11M min. BI & PD and $500,000
included?
® Yes ❑ No
I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
1,000,000
included): Is it included?
® Yes ❑ No
J. CAUTION! (Confirm that loss or liability of the named insured
(What is limits provided ?)
is not limited solely by their negligence) Does endorsement
F.
include "solely by negligence" wording?
❑ Yes ®No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L. NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
H. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 7/15/14- 7/15/15
A.
INSURANCE COMPANY: Mid Century Insurance Company
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 $11M 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):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ® Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ NIA ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 1/18/15- 1/18/16
A.
INSURANCE COMPANY: Mid Century Insurance Company
B.
AM BEST RATING (A-: VII or greater): A:XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
f�lil�S�ll[iI���G1 =iIR1 ti'1
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
4,.o
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
2/13/15
Date
® N/A ❑ Yes ❑ No
® N/A [-]Yes ❑ No
® NIA ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) [_1 N/A ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.