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CONTRACT 4686 CLOSEDAgreement No. 4686 ON -CALL SERVICES AGREEMENT (ELECTRICAL SERVICES) BETWEEN THE CITY OF EL SEGUNDO AND NIC Partners, Inc. (Awarded per Public Contract Code §§ 20160, et seq.) THIS MAINTENANCE, REPAIR and ON -CALL SERVICES AGREEMENT ( "Agreement ") is made and entered into this 1st day of October, 2014, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and NIC Partners, Inc., a California Corporation ( "CONTRACTOR "). The Parties agree as follows: I. CONSIDERATION, A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR's services not to exceed a total of $75,000 per year for the entire term of this Agreement. CITY will pay for work on the basis of the hourly rates and cost reimbursement rates as specified in Exhibit "A," which is incorporated by reference. If an annual renew option described in Section 2 below is exercised by the CONTRACTOR and agreed -to by the CITY, the CONTRACTOR may request the labor rate be increased based upon the Los Angeles Area Consumer Price Index for All Urban Consumers (CPI -U) for the eleventh month of the current term up to a maximum of 3 %, and the CITY's consent to such request must not be unreasonably withheld. This increase will be applied to the base bid fixed and /or hourly rates for services for the prior, expiring term. 2. TERM. The term of this Agreement will be from October 1, 2014, to September 30, 2015, with annual options to renew for up to four additional one -year periods. The Agreement may only be renewed upon mutual consent of the parties by amending this Agreement. 3. SCOPE OF SERVICES, A. This Agreement may be used for "installation and maintenance services" which include the following: Agreement No. 4686 Installation of electronic equipment, electronic systems, and communication systems with all related wiring and associated work. ii. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. iii. Work performed to keep, operate, and maintain publicly owned low voltage wiring and systems. iv. Electrical and other craftwork. B. This Agreement may be used for "repair and on -call services," which include construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased or operated facility. C. CONTRACTOR will perform the maintenance, installation, repair and on -call services to provide data and phone cabling installation services for desktop computers, phones, printers, wireless access points, fax machines, computer servers and other assorted IP devices within and throughout CITY facilities. D. Maintenance, installation, repair and on -call services required by CITY will be provided on an as- needed basis with CITY determining and advising CONTRACTOR as to when specific services are required to be performed or completed by CONTRACTOR. Requests must be memorialized using a notice to proceed that may be in the form of a purchase order. The provisions contained in this Agreement supersede any conflicting provisions in a purchase order issued for maintenance and installation services. E. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. Agreement No. 4686 4. PREVAILING WAGES, A, Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at http; / /www.dir.ca.gov /DLSR /PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C, CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: When employment in the area of coverage by the joint appren- ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or iii, When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state -wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. Agreement No. 4686 V, CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi, CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 5. PAYMENTS. A. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit a detailed invoice to CITY. B. Payments for work will only be made after CITY issues a written notice to proceed. All work is subject to all other terms and provisions of this Agreement. 6. FAMILIARITY WITH WORK.. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has Thoroughly investigated and considered the scope of services to be performed; ii, Carefully considered how the services should be performed; and iii, Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. Agreement No. 4686 B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 7. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Business automobile liability Workers compensation Limits (combined singlet $2 Million $1 Million Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C, Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D„ CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificates) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. Agreement No. 4686 CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and B. CITY gives CONTRACTOR a written notice to proceed. C. Should CONTRACTOR begin authorization to proceed, an y CONTRACTOR's own risk. 9. TERMINATION. work in advance of receiving written such professional services are at A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. K CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C, Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 10. INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or Agreement No. 4686 otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. 11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 12. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day -to -day communications between CITY's and CONTRACTOR's project managers. Notice sent by mail will be addressed as follows: To CITY: Larry Klingaman Information Technologies City of El Segundo 350 Main Street El Segundo, CA 90245 To CONTRACTOR: B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. Agreement No. 4686 C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 14.WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 16. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 18.WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 19. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 20.AUTHORITYIMODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the El Segundo City Council. This Agreement is not binding upon CITY until executed by the City Manager, The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY. 21.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the Agreement No. 4686 signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 24. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 25. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting Maintenance, Installation, Repair and On -call Services. To the extent that there are additional terms and conditions contained in Exhibit "A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. Agreement No. 4686 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITYOF EL SEGUNDO Greg C� City Ma ATTEST: Tra We`d ro Ci Clerk Network Integration Company Partners, Inc. An 6y Cub ly, Director of Operations Taxpayer ID No. 02- 0807855 Business License No. 31592 State License No. 904167 B / C -10 APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: &A %() n K jtA�' F'04'1/1 Karl H. Ber, e' Assistant City Attorney EXHIBIT "A" Agreement No. 4686 PROPOSAL FOR ONCALL CITYWIDE LOW VOLTAGE WIRING SERVICES PROJECT NO.: 14 -07 Company Name: Network Integrations Company Partners. Inc. dba NIC Partners, Inc. Date August 12 .1 2014 TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and /or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary � insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the I -C -1 EXHIBIT "A" Agreement No. 4686 City of El Segundo's option, be considered null and void. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C -2 EXHIBIT "A" Agreement No. 4686 BID SCBEDULE ON CALL CITYWIDE LOW VOLTAGE WIRING SERVICES PROJECT NO.: 14 -07 Company Name: Network Integration Company Partners, Inc. dba NIC Partners, Inc. The City of El Segundo is seeking proposals which will result in one or more contracts to provide data and phone cabling and device installation services for desktop computers, phones, printers, wireless access points, fax machines, computer servers and other assorted low voltage devices within and throughout City of El Segundo facilities. The requirements for the work are further described in Section III and Section IV. It is the intent of the City of El Segundo to receive responses and, if appropriate, conduct individual interviews in order to select one or more firms which, in the opinion of the City of El Segundo, are best suited to perform the work. The purpose of this, therefore, is to provide the City of El Segundo with the information necessary in order to select the firms. Following receipt of proposals the City of El Segundo may, at its discretion, elect to shortlist to a select few to participate in the interview stage of the selection process. The next page shows an example of a filled out PROJECT PRICING SUBMISSION form. Tthree (3) sample projects will assist the City of El Segundo in determining contract price structure and will be used in part of the evaluation process. The sample projects include job walkthrough, estimation of cable needed, estimation of termination requirements, estimation of hardware and labor. Complete the section entitled PROJECT PRICING SUBMISSION on page I -C -S later in this section for sample projects one, two and three. Also complete the section entitled ADITIONAL AWARD CRITERIA on page I -C -8 to be considered for the project. All work must be performed Monday through Friday between the hours of 8:00ain and 5:00 pm unless otherwise agreed upon. All voice cables are colored white. All data cables are colored blue. All cables are minimum rated as Category 6. All work will meet or exceed TIA /EIA standards for telephone and data installations. End -user keystone jacks are color coded White for Telephone and Blue for Data. Price(s) shall include all labor, equipment, materials, transportation, overhead, travel, profit, insurance, sales and other taxes, licenses, incidentals, and all other related costs necessary to meet the work requirements. 1 -C -3 EXHIBIT "A" Agreement No. 4686 Company Name: Network Integration Company Partners. Inc. dba NIC Partners, Inc, PROJECT# LABOR HOURS LABOR RATE LABOR TOTAL MATERIALS CA 9.75 %TAX TOTAL PRICE EXAMPLE 1 10.00 Instructions $500.00 1 $100.00 � $9.75 1 $609.75 1: Estimate the labor hours and then enter into the labor hours cell. 2: Enter your labor rate in the Labor Rate Cell. 3: Multiply the labor hours cell by the labor rate cell and enter the value into the Labor Total Cell. 4: Create and attach a material worksheet showing individual item quantities and costs. 5: Enter the sum of material costs from your worksheet into the Materials Cell. 6: Calculate tax as 9.75% of the value in the materials cell and enter the value in the CA 9.75% TAX cell. 7: Add the Labor Total, Materials, and CA Tax together and place in the Total Price Cell. I -C -4 nc ' riicpartners EXHIBIT "A" 11981 Jack Benny Drive, Suite 103 Rancho Cucamonga, CA 91739 (909) 919 -2800 (909) 919 -7997 CL #904167 CITY OF EL SEGUNDO CITYWIDE LOW VOLTAGE WIRING SERVICES PROJECT NO.: 14 -07 Agreement No. 4686 8.405* $ 68.85 $ 578.68 $ 327.37 $ 31.92 PROJECT # LABOR HOURS LABOR RATE LABOR TOTAL MATERIALS CA 9.75% TAX TOTAL PRICE 1 $ - I $ - $ 118.80 8.405* $ 68.85 $ 578.68 $ 327.37 $ 31.92 $ 937.97 1 ** 1 $ 118.80 1.$ 118.80 $ - I $ - $ 118.80 GRAND TOTAL $ 1,056.77 PROJECT #1 DESCRIPTION: Installation of 1 voice, 2 data connections to end user through a plenum floating ceiling environment (200' cable length). PROJECT # LABOR HOURS LABOR RATE LABOR TOTAL MATERIALS CA9.75% TAX TOTAL PRICE 2 23.25* $ 68.85 $ 1,600.76 $ 5,234.26 $ 510.34 $ 7,345.36 5 ** 1 $ 118.80 $ 594.00 $ $ 54.39 1 $ 0.75 ** $ 594.00 GRAND TOTAL $ 7,939.36 PROJECT #2 DESCRIPTION: Installation of (1) 48 strand Pre - Terminated Dual LC Single Mode Fiber Optic Cable and (2) New Rack Mount 48 Port Fiber Housings to existing racks through a plenum floating ceiling environment (450' cable length). PROJECT #3 DESCRIPTION: Installation of (1) City provided 55" LED monitor at eye level to an office wall (drywall over metal studs), (1) HDMI cable through a plenum floating ceiling environment (45' cable length) from monitor to opposite wall in office and (1) HDMI cable through a plenum floating ceiling environment (15' cable length) from monitor to wall under monitor at standard plug height. *Cable Tech * *PM m PROJECT # LABOR HOURS LABOR RATE LABOR TOTAL MATERIALS CA 9. ?5% TAX TOTAL PRICE ® 3 4.4* $ 68.85 $ 302.94 $ 557.84 $ 54.39 . ... _. $ 915.17 0.75 ** $ 118.80 $ 89.10 $ $ $ 89.10 GRAND TOTAL $ 1,004.27 PROJECT #3 DESCRIPTION: Installation of (1) City provided 55" LED monitor at eye level to an office wall (drywall over metal studs), (1) HDMI cable through a plenum floating ceiling environment (45' cable length) from monitor to opposite wall in office and (1) HDMI cable through a plenum floating ceiling environment (15' cable length) from monitor to wall under monitor at standard plug height. *Cable Tech * *PM EXHIBIT "A" Agreement No. 4686 Company Name: Network Integr tion Company Partners Inc. dba NIC Partners, Inc. Sample Project #1 (for Evaluation Purposes) Installation of 1 voice, 2 data connections to end user through a plenum floating ceiling environment (200' cable length). The following connection services will be performed: • Installation of 1 voice (Category 6) • Installation of 2 data (Category 6) • Mounting of box, faceplate and installation of Keystone connectors. • Termination of cable to client connectors. • Termination of voice cable to Telephone 110 block • Termination of data cables to data patch panel. • Testing of cables. • Labeling of 110- block and data patch panel to City of El Segundo specifications. • Report of job completion to City of El Segundo. I -C -5 R O ei O z Zi U v o M 0. 0. M r�l T 4 A bi ar O d °o rn u 3 C1 d1 u r�l r o00i c c o xs r•I f6 J .0 c P m� ri Y a W J 0. a Vf z 0 ❑ Y a ui w 00 cc 0 m z a J a W Q EXHIBIT "A" Agreement No. 4686 N [t Il- O N N N N I- r- M rl ri -i OO M O O -1 Cl 0) rl O x N Q 0 O O O O O ri O O rO F�- t11 i1? in t!} '...... -V} v/ t/} -4 -kn tr� -(4 V} qjF O O O 00 co O O O a 00 O N d O - f O lD 00 N rl rl 0) V) O O rl O d• rl O 00 00 !A N O H r� r-, V-4 ,F•; ss� rl r-1 Ln H 0) O T t O ,t O w O O M O1 (d) O O 10 O O rl L9 N I, N O0 O0 py r-1 ri 6 N O O O O O rl O 00 0000 V1 r-1 r-1 LD +.� �C c-1 Ln 111 O• ri ri ri 0 M M rN-I r-1 rl r-i r-1 to 00 L aj bia M c 0A U rcca G C N 0J U ' dA CL I cc EL 0) •r f0 OL 0. + c D ,� u r� D_ EW LO M N OJ =. Q Q � LL V) 0) � 0J N ci al `~ CU CL O -j N aj CL O O L L "' qt Q J M -� G 0 O 0 V) V) X w O U Y 2 s °' m @ a 2 •N c air ro 0 0 0 V � M m Q V) Q In f�0 N •V1 o (.b (b ° a M u �, u v Y L C jai 4w N N N Z M V r-4 d lD V d d ro a N n �„ M u u � 3 lD CO d N C -� '1 M O [6 o O O 00 00 00 O N `-"1 ►s LV d D_ X O CL V M T H rl lD r-1 d V I CL J D_ ONO N N Q V O rl rl U U Z V l Z N rl Z Z Z f1f L (0 L Q N 4- L Q Q. Q. � u U u O O O m O O O O C .N 0 = v(v a v v a 0 i a a 0- a a D_ w U� 21 Q Q Q I Z Z EXHIBIT "A" Agreement No. 4686 Company Name: Network Integration Company Partners, Inc. dba N1C Partners, Inc. Sample Project #2 (for Evaluation Purposes) Installation of (1) 48 strand Pre - Terminated Dual LC Single Mode Fiber Optic Cable and (2) New Rack Mount 48 Port Fiber Housings to existing racks through a plenum floating ceiling environment (450' cable length). The following connection services will be performed: • Installation of l Fiber Optic Cable (Pre - Terminated 48 Strand Single Mode Fiber) • Installation of 1 Inner -Duct for Fiber Optic Cable • Installation of 2 Rack Mount Housings (48 Port) • Mounting of Housing and installation of Dual LC panels and blanks. • Connection of fiber to dual -LC panels. • Testing of cables. • Labeling to City of El Segundo specifications. • Report of jab completion to City of El Segundo. I -C -6 n 4 R e-I O 2 U o M a a M O ei N ,3 W rn �a V 0 bA C 0 u U Q1 01 o IM (A c 00 c a, "I W - — U .0 c Tl I�I , tT 0� Z b aG � w W fL Q..� u Q J LL Z Q J L-n a W a EXHIBIT "A" Agreement No. 4686 M VI d 00 I- Ot M Lq lD Oq X0 M r1 N O O O O O CC O O w O _ u1 O O Q o0 !-� O N h O o 00 tf O� -t L dT O Ln O m LrL m rl M r` H w LO wri ni r-i v� tn If).tn.t"j- V�Vn Ln = rn °i.° Oo 0 0 °o V) M m n cli n o M 00 w o°o e o ra C. W N d 0) i I N M L!1 U N i a 00 GJ � 0 LO v fu +; 0 a + ap m C 3 X a .a o }± C L o °1 ro m Q ra s� o on IC6,, V ri 0 M O 40 0 a� Q, O O�C1 c N d do .0 U ° o M 72 � '- M " +°j o U a m a v Ur) cn nl N O Q 'a 4' CL C r9 Q O O O � � LU _ m a c a a u ro ° 06 F- ru v E a I U-1 E a rn _ 0 a 0 a m CL L i O 00 M V i -I LL CO _[ J sOa U r'� u`r'n o000 ' �' a Ln L a d u u �rlr-iuZln zzz L � U C � o � +, 4- •�° m a O O ro L ?+ F- F 0 O O �- D a D U_ a d V_ ri V H w V Q Q Q d Z Q Z Z Agreement No. 4686 EXHIBIT "A" Agreement No. 4686 Company Name: Network Integration Company Partners, Inc. dba NIC Partners, Inc. Sample Project #3 (for Evaluation Purposes) Installation of (1) City Provided 55" LED Monitor at eye level to an office wall (drywall over metal studs), (1) HDMI Cable through a plenum floating ceiling environment (45' cable length) from Monitor to opposite wall in office and (1) HDMI Cable through a plenum floating ceiling environment (15' cable length) from Monitor to wall under Monitor at standard plug height. The following connection services will be performed: • Mounting of (1) City Provided 55" Monitor (Low Profile Bracket Required) • Installation of (1) HDMI Cable to Opposite Wall • Installation of (1) HDMI Cable to Wall under Monitor • Mounting of box, faceplate and installation of connectors. • Testing of cables. • Labeling to City of El Segundo specifications. • Report of job completion to City of El Segundo. IKOVA I\ O 9t O Z U 0. G. M O N Lit o � to ar 0 aci E OO M M u M M Y U N N N u °, M�� M %-i f6 J .0 c _ J u —4 r u I z 0 X ` LaLI co LU Zg LU CL Z 2 a ct a W a EXHIBIT "A" Agreement No. 4686 K-* 12 V) � CD M (/} I- O rn O 0 i!� 1.0 Ol O trr 00 N C iJ� 00 OO N tl} 00 LP) d i/1 d1 Lry tri. ILo O tV i!} N .--I N N �/} rn Lq p t/� O O LD t!} v N O t/}.. O Ln N trr rl Ln N t/} O r-: 4A 'It to DO t� 00 La 000 0 tr} o r••I M tf} 0) C) Lr) M •L/•} ° •(/� [t Ol p M tr} to O ri 00 V/ - '..... 01 00 RT 00 "t p p O d' 0) Ln O '.. �- l0 ':t 0) l0 O Lr1 n M 01 OR OR Nf O r-I r-I N lD N '.. r�-•I N Ln l0 � M ri c Q-)- trl try tn• try ih tn. •Lh try lj-). to M N N M 00 H H ri N r-I 'O i LO d � f6 U � � !0 m C u u p bjO to a �u OA c� c v •W � ° } o n o V1 CL) f.l �, ii a..� O > N Q O fO U M u L1 tio cu L' o , LA N Q J Lao = O. 0 Ln 0 U N U Q ° 3 pp u u a a vI u = v z3 M 3 u 0 v g a is M M n 4 N = o V) n O_ 0 0 o= 000 V C u T Ud] 0 y (0 V)i dA °0 w `° V f `° 0 000 0 '.., C7 $ Ln w o 0 I� N N N u H a- 6- r-I ri f0 a L U T N T m 7 � � a- Z M' m 01 C fu C 0 rn kb a r ,J 0000 a F- U U u U u u U N N N U Z M 0) U-t � C C L O O +a+ U ca M i O c O O C3 a0 ° + ° a� _u a� u p M O O O t0 r0 •r •L O I— p O Q O O O a s v aLo m U U"M a t; 0 4.1 w u w u Z C� G 2 [] u Z Z EXHIBIT "A" Agreement No. 4686 Company Name: Network Integration Company Partners, Inc. dba NIC Partners, Inc. y ��{^' dlj $ 77 X #; f ±� t �G - ,ry^'Yq�7�9,ryu d N riy,' ✓ i �+,Y n „�Ry '�k,'p,/ y p p'ar^dy MGr M r �jyM.�"l� d u e l d P 5 �,l.,L �'kla n0 �p T ��r'.,n,+ ✓ ul° �yk.r. "x t p r r o u » ,a,.� , �� ., „'"A^. a. _ xr ,re 8.405 (Cable Tech) $68.85 (Cable Tech 1 1.00 (PM) $118.90 (PM) $697.48 $327,37 $31.92 $1,056,77 ,. .....�....._... 2 23,25 (Cable Tech) 68,85 (Cable Tech $2,194.76 $5,234.26 $510.3 34 $7,,9393 9.36 5.00 (PM) $118.80 (PM) 4.4 (Cable Tech) $68.85 (Cable Tech 3 0.75 (PM) $118.e0 (PM) $392.04 $557.84 $54.39 $1,004.27 Instructions 1: Estimate the labor hours and then enter into the labor hours cell 2: Enter your labor rate in the Labor Rate Cell. 3: Multiply the labor hours cell by the labor rate cell and enter the value into the Labor Total Cell. 4: Create and attach a material worksheet showing individual item quantities and costs. 5: Enter the sum of material costs from your worksheet into the Materials Cell. 6: Calculate tax as 9.75% of the value in the materials cell and enter the value in the CA 9.75% TAX cell, 7: Add the Labor Total, Materials, and CA Tax together and place in the Total Price Cell. ADDITIONAL AWARD CRITERIA What percentage of mark -up, above cost, is charged for materials? 20%­ " "" - How many hours will it take for your company to respond on -site for: Evaluation o J o site for q uote: Hours Scheduled mmm_ Scheduled work: 72 Hours t -C -8 EXHIBIT "A" Agreement No. 4686 Company Name: Network Integration Company Partners. Inc. dba NIC Partners, Inc. BIDDER'S INFORMATION Company Name: Network Integration Company Partners, Inc. dba NIC Partners Inc. BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) rnrnnratinn If corporation, State of Incorporation (i.e., California) - California Business Network Integration Company Partners, Inc. dba NIC Partners, Inc. - Address 11981 Jack Benny Drive, Suite 103 Rancho Cucamoa, CA 91739 Telephone No. (909) 919 -2800 Facsimile No. 909 919 -7997 State Contractor's License No. and Class 904107.1 C -10 Original Date Issued 9128/2007 Expiration Date 9/3012015 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and /or corporate officers having principal interest in this proposal: Franklin Paul Spaeth; RMO/CEO /President Andy Cuberly, Director of Operations 11981 Jack Benny Drive, Suite 103 11981 Jack Benny Drive, Suite 103 Rancho Cucamonga, CA 91739 Rancho Cucamonga, CA 91739 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: All current and prior DBA's, aliases, and /or fictitious business names for any principal having an interest in this proposal are as follows: NIC Partner._ Inc:: I -C -9 EXHIBIT "A" Agreement No. 4686 PROPOSERS: Please show RFP number, date, and time on RFP opening on the envelope containing your proposal. The undersigned as Proposer, declares that the only persons or parties interested in this proposal is made without collusion with any person, firm or corporation. Your signature on this document, should you be awarded the contract as defined in this RFP, signifies that you have fully read and understood this proposal and will comply with all specifications, conditions, unit prices, terms, and delivery of the proposal unless otherwise noted in the "exceptions" portion of the proposal. Name of Network Integration Company Partners, Inc. Director of Operations Offeror dba NIC Partners, Inc. Title: (Firm): Authorized Auaust 12. 2014 Signature: Date: Printed/Typed Andy Cuberly Mailing 11981 Jack Benny Drive, Suite 103 Name: Address: 919 -2800 x. 2839 City, Rancho Cucamonga, CA 91739 Phone: (909) State, Zip: 919_7997 E -Mail acuberlyt@nicpartnersinc.com Fax: (909) Address: I -C -10 EXHIBIT "A" Agreement No. 4686 Company Name: Network Integration Company Partners, Inc. dba NIC Partners, Inc. IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this i Z"" day of AM sf , 2014. BIDDER Network Integration Company Partners, Inc. dba NIC Partners, Inc. Subscribed and sworn to this day of_µ,,, . ..........m, 20_ ............ _. NOTARY PUBLIC P jam '_ Ci.+[ac hcc- I -C -11 EXHIBIT "A" CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California _ County of <�;? n Y Agreement No. 4686 On Oao1' p !1)� T before m @, Here insert N ndTllletof the mOfficer personally appeared ' u i 7 ,be," Names of Signer(s) qt REEN DOMINICA FIOLA Commission # 1963244 Notary Public - California San Bernardino County My Comm ft ire ,tan 612016 Place Nolary Seal Above CIVIL CODE 111189 who proved to me on the basis of satisfactory evidence to be the person(o whose name(o is /are subscribed to the within instrument and acknowledged to me that he /s"Atiey executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(e) on the instrument the person(, or the entity upon behalf of which the person(43) 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: Signalura of Notary Public OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. Description ttac a ocument Title or Type of Document: __ ------- ------ „_,__. Yp -._... - ............. ......m._.�.................... Document Date: Signer(s) Other Than Named Above: „ Capacity(les) Claimed by Signer(s) Signer's Name: C=1 Corporate Officer — Title(s): C_l Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Number of�Pa(aes: l " " "'Arporate Officer — Title( s) :.......... ............................. l Individual ❑ Partner — ❑ Limited ❑ General TIP If thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 0 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -B00 -676 -6027) llem #5907 EXHIBIT "A" Agreement No. 4686 PROPOSAL GUARANTEE BID BOND This Bond not KNOW ALL required for this contract. lithe City of El SegOilaq, in Tac penai s which is ten (10 %) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of 20, BIDDER* SURETY* Subscribed and sworn to this day of _, 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I -C -12 EXHIBIT "A" Agreement No. 4686 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 904167 Class No.: B / C -10 2. The expiration date of BIDDER'S Contractor License is RPn har Irlth , 2015 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non- responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on August 12 , 2014 , at Rancho Cucamonaa. California (insert City and State where Declaration signed). tat�rre Anciv Cuherlv Typed Name Director of Onerations Title Network Integration Company Partners, Inc. Company Name I -C -13 EXHIBIT "A" Agreement No. 4686 Company Name: Network Integration Compprrnom, Btc. dba NIC Partners, Inc.. NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County Of Los Angeles) Andy Cuberly being first duly sworn, deposes and say that he or she is 1,retcfmcfrattle _ of Network [ntearaton Company Partners, Inc. the party malting the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Sigrilature A�W dv Cuber v __ Typed Name Director of O erations Title I -C -14 Network Integration Company Partners, Inc. Name of Bidder /Company Name August12 2014 Date EXHIBIT "A" Agreement No. 4686 CompanyName:_Network Int gratgii C orrtp�n Partners, Inc. dba NIC Partners, Inc. WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his /her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: Director of Operations Business Name: Network Integration Company Partners, Inc. dba NIC Partners. - Inc .............................. ........ ....... rr........... -- Business Address: 11981 lack Bennv Drive Suite- 103 Rancho Cucamonga, CA 91739 Telephone Number: 909 919 -2800 Dated this 12th day of Auaust , 2014 , I -C -15 EXHIBIT "A" Agreement No. 4686 DESIGNATION OF SUBCONTRACTORS CITY ON -CALL SERVICES CONTRACTS PROJECT NO.: PW XX -XX Company Name: This form not required BIDDER work which peg _ subcontractors are n portions re of the work which a end to procure materials and cu not to be used on this Name of contract. Estimated Su contract $ Amount (Number and Street) (City, Zip Code) I -C -16 EXHIBIT "A" Company Name: Network Integration Company Partners, Inc. d - REFERENCES Agreement No. 4686 Company Name: Network Integration Company Partners, Inc. dba NIC Partners, Inc. The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: 1. Project Title: ERate 14 Cahlinn Prniert Location: Colton Middle School - 670 W. Laurel Street, Colton, CA 92324 Colton Joint Unified School District - 1212 Valencia Drive, Colton, CA 92324 Name and address of owner David Thurston - 909 580 -6670 Name and current telephone number of person familiar with project Type of Work: Cabling Contract amount: $ 74.935..08 ----- .n.y..- _ Date completed: 4/15/2014 Amount of work done by my /our firm under contract 84430.75 Did your firm have any financial interest in Project? 2. Project Title: ERate 14 Cabling Project Location: McKinley Elementary School - 600 W. Johnston St., Colton, CA 92324 Colton Joint Unified School District - 1212 Valencia Drive, Colton, CA 92324 Name and address of owner David Thurston - (909) 580 -6670 Name and current telephone number of person familiar with project Type of Work: Cabli Contract amount: $ 79,030.99 I -C -17 Date completed: EXHIBIT "A" Agreement No. 4686 6/30/2014 Amount of work done by my /our firm under contract $._ „_79;.54071 Did your firm have any financial interest in Project? Yes 3. Project Title: ERate 14 C nhlinn Prniort Location: Lewis Elementary School - 18040 San Bernardino Ave., Bloomington, CA 92316 Colton Joint Unified School District - 1212 Valencia Drive, Colton, CA 92324 Name and address of owner David Thurston - )909) 580 -6670 Name and current telephone number of person familiar with project Type of Work: Cabling Contract amount: $ 111,587.85 Date completed: _m_ 0 stress Amount of work done by my /our firm under contract $ 134,11.1.65._ Did your firm have any financial interest in Project? YPs Company Name: Network Integration Company Partners, Inc. dba NIC Partners, Inc, 4. Project Title: ERate 14 Cabling Prnipr_.t Location: Crestmore Elementary School - 18870 Jurupa Ave.. Bloominaton. CA 92316 Colton Joint Unified School District - 1212 Valencia Drive, Colton, CA 92324 Name and address of owner David Thurston - 909 580 -6670 Name and current telephone number of person familiar with project: Type of Work: Cablinq Contract amount: $ 135423 Date completed: 7/14/2014 I -C -18 EXHIBIT "A" Agreement No. 4686 Amount of work done by my /our firm under contract $ 146.908.22 Did your firm have any financial interest in Project? Yes 5. Project Title: E,Rate 14 C;nhlinn Location: Slover Mountain H1 2h School -18829 Orange St. Bloomington, CA 92316 Colton Joint Unified School District - 1212 Valencia Drive. Colton. CA 92324 Naive and address of owner David Thurston - (909) 580 -6670 Name and current telephone number of person familiar with project: Type of Work: Cablinq Contract amount: $_ 108,050.92 Date completed: In progress Amount of work done $.....,68.587.86, - Did your firm have Yes by my /our firm under contract any financial interest in Project? Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance: Hub International Insurance Services, Inc,. (877) 825 -2681 4371 Latham Street,, Suite 101, Riverside, CA. 92501 CastlePoint National Insurance Comganv (714) 454 -5994 9,22 S, RivPrGirlP Playa_ ('hirann II 60606 I -C -19 EXHIBIT "A" Agreement No. 4686 Company Name: Network Integration Comanw Partners, Inc. dba NIC Partners, Inc. BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS Citywide Low Voltage Wiring Services PROJECT NO.: 14 -07 Company Name: Network Integration Company Partners, Inc. dba NIC Partners, Inc. Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes ❑ No X 2. If yes, explain the circumstances: er" s Si Andv Cuberly Name (Please Print) I -C -20 EXHIBIT "A" Agreement No. 4686 LL _Company Name: - Networ integration Company Partners, Inc. dba NIC Partners, Inc. _W.. INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] Citywide Low Voltage Wiring Services, PROJECT NO.: 14 -07 CompanyNaine: Network Integration Company Partners, Inc. dba NIC Partners, Inc. To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limitsp Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:Vll." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out -of- state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this fonn, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's coJrsaIltar . ailm -e to provide this insurance will render the August 12, � proposal "nonresponsive." bidder's posal nozrre . Date adder's S gnats ne - I -C -21 EXHIBIT "A" Agreement No. 4686 END PROPOSAL SECTION I -C -22