2007/02/27 City Council Resolution 2007-27RESOLUTION NO. 2007 -27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AWARDING THE CONTRACT TO AT &T
FOR A NEW CITYWIDE TELEPHONE SYSTEM
WHEREAS, a Notice Inviting Sealed Bids was approved by Council on
November 14, 2006, and;
WHEREAS, the RFP was advertised for bids and bids were opened on
January 10, 2007, with the lowest responsive, responsible bidder being AT &T, and;
WHEREAS, funding for this equipment is provided via the 1999 COP Bonds issued for
the public acquisition of a new city hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and award the contract to AT &T of Rohnert Park, California
for the amount of $198,815.48.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents necessary for the award of the contract for and on behalf of the City of
Rohnert Park.
DULY AND REGULARLY ADOPTED this 27th day of February, 2007.
ATTEST:
CITY OF ROHNERT PARK
IX ' j
Mayor
Exa
BREEZE: ABSENT MACKENZIE: AYE SMITH: AYE STAFFORD: Y,,.YE, VIDAK- MARTINEZ: AYE
AYES: (4) NOES: (0) ABSENT: (I) ABSTAIN: (0)
JH- S:05 -d
AGREEMENT FOR SERVICES
This Agreement is made and entered into on this 27th day of February, 2007 by and
between the City of Rohnert Park, hereinafter referred to as the "City," and AT &T, hereinafter
referred to as the "Consultant."
WHEREAS, the City requires a New Citywide Telephone System; and
WHEREAS, the Consultant is qualified and experienced to provide such services.
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
1 SCOPE OF WORK. Consultant shall perform those services described as Tasks
in the Scope of Work and Schedule of Performance attached as Exhibit "A" within the time
frames stated therein.
2. COORDINATION. Consultant shall assign a project manager, to personally
participate in said project and to coordinate the activities of the Consultant.
3. COMPENSATION.
A. City shall pay Consultant as compensation in full for such services and
expenses at the rates set forth in the Standard Hourly Rates and Charges attached as Exhibit "B,"
the total sum not to exceed $198,815.48 plus change orders as permitted by the City's purchasing
policy. Progress payments will be tied to completion of tasks so all payments are proportional t
the work completed. Payment by City under this Agreement shall not be deemed a waiver of
defects, even if such defects were known to the City at the time of payment.
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of the invoice by City.
Payment will be made for the approved amount of the invoice minus ten (10) percent. The ten
(10) percent retained by City will be held until 30 days after final completion and acceptance of
the contract work.
C. Payments due and payable to Consultant for current services are within the
current budget and within an available, unexhausted and unencumbered appropriation of the City.
In the event the City has not appropriated sufficient funds for payment of Consultant services
beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the
conclusion of the current fiscal year; payment for additional work is conditional upon future City
appropriation.
84380tv4 80078/0012 1 JH- S:05 -g (updated 9/11106)
4. TERM. The term of this Agreement shall be from the date of its execution until
the completion of the work contemplated by this Agreement and its final acceptance by City
unless terminated earlier as provided herein. .
5. NOTICES. All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
TO CITY: INFORMATION SYSTEMS
6800 HUNTER DRIVE, SUITE B
CITY OF ROHNERT PARK
ROHNERT PARK, CA 94928
TO CONSULTANT: AT &T CALIFORNIA
6000 STATE FARM DRIVE
ROOM 15100
ROHNERT PARK, CA 94928
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom
notices, bills and payments are to be given by giving notice pursuant to this Paragraph.
6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such event, the
compensation and time of performance shall be subject to renegotiation upon written demand of
either party to the Agreement. Failure of the Consultant to secure City's written authorization for
extra or changed work shall constitute a waiver of any and all right to adjustment in the contract
price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work
done without the appropriate City authorization.
7. CITY'S RIGHT TO TERMINATE /SUSPEND CONTRACT. At any time and
for any or no reason, City shall have the right to terminate this Agreement, take possession of the
Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar
as they are complete and acceptable to the City, and pay the Consultant such equitable proportion
of the total remuneration as the work satisfactorily done by the Consultant at the time of such
discontinuance bears to the whole of the work required to be done by the Consultant under the
terms of this Agreement.
8. CORRECTION OF WORK. The performance of services or acceptance of
information furnished by Consultant shall not relieve the Consultant from obligation to correct
any defective, inaccurate or incomplete work subsequently discovered and all such work shall be
remedied by the Consultant on demand without cost to the City.
9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions
for delays beyond the Consultant's control. Time extensions will be equal to the length of the
delay or as otherwise agreed upon between the Consultant and the City. In such event,
compensation as set
843801v4 80078/0012 2 JH- S:05 -g (updated 9/11/06)
forth in the Scope of Work shall be subject to renegotiation upon written demand of either party
to the Agreement.
10. RECORDS OF PERFORMANCE. Consultant shall maintain any ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents evidencing or
relating to charges for services, or expenditures and disbursements charged to City for a
minimum period of three (3) years, or for any longer period required by law make these records
available for inspection, audit, and copying by the City. All data, documents, discussions, or
other information developed or received by or for Consultant in performance of this Agreement
are confidential and not be disclosed to any person except as authorized by City or as required by
law.
11. SUBCONTRACTING. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government
Code Section 7550, Consultant agrees to state in a separate section of any filed report the
numbers and dollars amounts of all contracts and subcontracts relating to preparation of the
report.
12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole
or in part, without the written consent of the City.
13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall
indemnify, hold harmless, release and defend City, its officers, employees and agents from and
against any and all actions, claims, demands, damages, disability, losses, expenses including
attorney's fees and other defense costs and liabilities of any nature that may be asserted by any
person or entity including Consultant, in whole or in part, arising out of Consultant's activities
hereunder, including the activities of other persons employed or utilized by Consultant in the
performance of this Agreement (including design defects and regardless of City's approval, use or
acceptance of the work or work product hereunder) excepting liabilities due to the sole negligence
or willful misconduct of City. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable by or for Consultant under
Worker's Compensation, disability or other employee benefit acts or the terms, applicability or
limitations of any insurance held or provided by Consultant and shall continue to bind the parties
after termination/completion of this Agreement.
14. INSURANCE. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit C to this Agreement.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant
as a material inducement to entering into this Agreement. Consultant agrees to use reasonable
care and diligence in its profession in rendering services under this Agreement. Consultant
agrees that the acceptance of his work by City shall not operate as a waiver or release of said
obligation of Consultant. The absence, omission, or failure to include in this Agreement, items
which are normally considered to be a part of generally accepted professional procedure or which
involve professional judgment shall not'be used as a basis for submission of inadequate work or
incomplete performance.
16. LITIGATION SUPPORT. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's report. Unless the action is
brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant
for the preparation and testimony at Consultant's standard hourly rates, if requested by City and
not part of the litigation brought by City against Consultant. .
17. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee working
843801v4 80078/0012 3 JH- S:05 -g (updated 9/11/06)
for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making this Agreement. For breach or violation of this warranty, the City shall have the right to
annul this Agreement without liability, or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
18. CONFLICT OF INTEREST. Consultant (including principals, associates, and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this contract or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant's services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
19. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant
comes within the definition of Consultant under the Political Reform Act (Government Code
§87100), Consultant shall complete and file and shall require any other person doing work under
this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the
City of Rohnert Park disclosing Consultant and /or such other person's financial interests.
20. MERGER. This Agreement shall constitute the entire Agreement between the
parties and shall supersede any previous agreements, whether verbal or written, concerning the
same subject matter. No modification of this Agreement shall be effective unless and until
evidence by a writing is signed by both parties.
21. DEFAULT. If Consultant should fail to perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, City may terminate this Agreement by giving Consultant written notice of such
termination, stating the reason for such termination. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damage, if any, sustained by City by virtue of the breach of the Agreement by
Consultant.
22. NO WAIVER OF BREACH; TIME. The waiver by City of any breach of any
term or promise contained in this Agreement shall not be deemed to be a waiver of such term or
provision or any subsequent breach of the same or any other term or promise contained in this
Agreement. Time is of the essence in carrying out the duties hereunder.
23. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
24. ATTORNEY FEES APPLICABLE LAW AND FORUM. In the event either
party brings an action or proceeding for damages arising out of the other's performance under
this Agreement or to establish the right or remedy of either party, the prevailing party shall be
entitled to recover reasonable attorney fees and costs as part of such action or proceeding,
whether or not such action or proceeding is prosecuted to judgment. This Agreement shall be
construed and interpreted according to California law, and any action to enforce the terms of this
Agreement or for the breach thereof shall be brought and tried in the County of Sonoma.
25. INDEPENDENT CONTRACTOR. The parties intend that Consultant, in
84380tv4 80078/0012 4 JH- S:05 -g (updated 9/11/06)
performing the services specified herein, shall act as an independent contractor and shall have
control of the work and the manner in which it is performed. Consultant is not to be considered
an agent or employee of the City and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits City provides its employees. In the event City exercises its right to
terminate this Agreement, Consultant expressly agrees that he /she shall have no recourse nor
right of appeal under rules, regulations, ordinances or laws applicable to employees.
26. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on
amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such
taxes and other obligations, including, but not limited to, state and federal income and FICA
taxes. Consultant agrees to indemnify and hold the City harmless from any liability which it may
incur to the United States for to the State of California as a consequence of Consultant's failure to
pay, when due, all such taxes and obligations.
27. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its
performance under the Agreement either directly or indirectly on the grounds of race, color,
religion, sex, age, national origin, or other prohibited grounds in its employment practices, and
shall take affirmative steps to ensure that applicants are employed and employees are treated
during employment without regard to race, color, religion, sex, age, national origin, or other prohibited
grounds.
28. COMPLIANCE WITH LAW. Consultant shall comply with all applicable
federal, state and local laws, rules and regulations affecting the Consultant and his /her work
hereunder. Consultant represents and warrants to City that Consultant has all licenses, permits,
qualifications and approvals of whatsoever nature which are legally required for Consultant to
practice Consultant's profession and to do the work hereunder. Consultant represents and
warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals which are legally required
for Consultant to practice his /her profession and do the work contemplated by this Agreement.
29. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in the City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts, computations, and other data
prepared or obtained under the Agreement shall be made available, upon request, to the City
without restriction or limitations on their use. Consultant may retain copies of the above -
described information but agrees not to disclose or discuss any information gathered, discussed or
generated in any way through this Agreement without the written permission of City during the
term of this Agreement or until ninety (90) days after receipt of final payment from City.
30. INTERPRETATION. Notwithstanding the fact that one or more provisions of
this Agreement may have been drafted by one of the parties to this Agreement, such provisions
shall be interpreted as though they were a product of a joint drafting effort and no provisions shall
be interpreted against a party on the ground that said party was solely or primarily responsible for
drafting the language to be interpreted.
31. EXECUTION. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
32. AUTHORITY. Each individual executing this Agreement on behalf of one of the
parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such parry and that this Agreement is binding on such party in accordance with its terms.
843801v4 80078/0012 5 7E1- S:05 -g (updated 9/11/06)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ROHNERT PARK: CONSULTANT:
By: / By:
Name: (Date) Name:
Title: Title:
Per Resolution No. adopted By:
by the City Council on Name:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
�S
City' Attorney
(Date)
(Date)
843801v4 80078/0012 6 JH- S:05 -g (updated 9/11/06)
1 *0i: : =1 :ail
SCOPE OF WORK
►11i
SCHEDULE OF PERFORMANCE
1.2.1 General Description of Buildings & Equipment Estimates:
City Hall, 6750 Commerce Blvd (location will change in late 2007) —1 floor
a. 1 Attendant Console (Cisco 7961 or equivalent)
b. 5 Executive handsets (Cisco 7961 or equivalent)
c. 35 2 -line speakerphone handsets (Cisco 7941 or equivalent)
d. 1 8 -port analog interface device for Faxes
e. 1 Call Manager Express (PBX Switch) (or equivalent)
2. Finance Annex, 6800 Hunter Drive — 1 floor (including Senior Center)
a. 1 Attendant Console (Cisco 7961 or equivalent)
b. 1 Executive handset (Cisco 7961 or equivalent)
c. 30 2 -line speakerphone handsets (Cisco 7941 or equivalent)
d. 1 8 -port analog interface device for Faxes
3. Public Works, 600 Enterprise Drive — 2 floors
a. 1 Attendant Console (Cisco 7961 or equivalent)
b. 20 2 -line speakerphone handsets (Cisco 7941 or equivalent)
c. 1 8 -port analog interface device for Faxes
4. Community Center Complex, 5409 Snyder Lane (3 buildings) 2, 1 -floor & 1, 2 -floor
a. 3 Attendant Consoles (Cisco 7961 or equivalent)
b. 20 2 -line speakerphone handsets (Cisco 7941 or equivalent)
c. 1 8 -port analog interface device for Faxes
5. Public Safety —Main, 500 City Hall Drive —sprawling three floor building
a. 2 Attendant Consoles (Cisco 7961 or equivalent)
b. 4 Executive handsets (Cisco 7961 or equivalent)
c. 70 2 -line speakerphone handsets (Cisco 7941 or equivalent)
d. 1 8 -port analog interface device for Faxes
e. 1 Call Manager Express (PBX Switch) (or equivalent)
6. Animal Shelter, 309 J Rogers Lane — 1 floor
a. 5 2 -line speakerphone handsets (Cisco 7941 or equivalent)
b. 2 wireless phones (Cisco 7920 or equivalent)
c. 1 8 -port analog interface device for Faxes
843801v4 80078/0012 7 JII- S:05 -g (updated 9/11/06)
1.3 Scope of Service
1. Call Mangers (telephone switches) (2) — one at City Hall, one at public safety
2. Appropriate handset type replacements at above locations
3. Central Office connections (design) - Cotati & Rohnert Park
4. Voice traffic to travel over existing (new) Cisco & AT &T OPT -E -MAN network
5. Telephone number change management including 4 -digit dialing
6. Ensure existing remote site access (Northern & Southern Public Safety stations)
7. Installation, configuration and training
8. Maintenance & Warranty
9. Analog device integration for Faxes and other equipment
10. Assess UPS capacity for increased telephony load
11. Removal of old telephone system and related equipment
12. Design flexibility allowing for planned City Hall and Finance Annex consolidation
843801v4 80078/0012 8 JII- S:05-g (updated 9/11/06)
c
COMPENSATION RATES AND CHARGES
COST BID FORMAT - Annex A
Bidder Name:
ATTACHMENT 8.1
NOTICE TO BIDDER:
The Bidder shall indicate below the offered price for providing all services proposed including all
services as defined in the Standard contract Scope of Services of the subject RFP. This Cost Bid
must specifically record below the exact cost amount(s) proposed in the appropriate space(s) as
required herein. Said cost proposed must incorporate all cost for the proposed scope of
services for the total contract period.
The Cost Bid shall detail only the cost proposed as required, and shall not detail any other rates,
amounts, or information. it shall not detail any text that could be construed as a qualification of
the cost proposed. If the Bidder fails to specify the Cost Bid as required, the City shall determine
the bid to be nonresponsive and reject it.
The Bidder must sign and date the Cost Bid.
Materials (Hardware/Software /Licensing)
$131,967.08
Installation
$38,800.00
Maintenance/Warranty
$17,612.65
Training
$10,435.75
Tax (7.75 %)
$11,036.22
Shipping
$0.00
Proposed Cost Total
$198,815.48
The proposed cost and the submitted technical bid associated with this cost shall remain valid
for at least 180 days subsequent to the date of the Cost Bid opening and thereafter in accordance
with any resulting contract between the Bidder and the City.
Bidder Signature Ali ' Date: 11.1,110;7
843801v4 80078/0012 9 7H- S:05 -g (updated 9/11/06)
Customer: City of Rohnen Park'
Project Name: New Citywide Telephone System
Quote Date: January 10, 2007 at &t
Expiration Date: February 9, 2007
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843801v4 80078/0012 10 1H- S:05 -g (updated 9/11/06)
Customer: City of Rohnert Park
Project Name; New Citywide Telephone System
Quote Date: January 10, 2007
Expiration Date: February 9, 2007
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Public Safety - South Substation
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843801v4 80078/0012 11 1H- S:05 -g (updated 9/11/06)
Customer. City of Rohnert Park `' '
Project Name: New Citywide Telephone System at
&t
Date: January 10, 2007 aT ` &t
Expiration Date: February 9, 2007
ruu— .arcry - — u+ uuwreaan
( IAT &T Installation Services. Does not include installation of
INSTALL_ A_7 8iT Syn- AM ov___ _Singorc__accouming applications._; $ .34,000_00: ___0.00 ..;.3.34.00 -0__ �_ _S._._._.__34.0:0..
i 'AT&T Decommission Services ofensting PBX equipment : - - - '
DECOMMISSION & Does NOT include removal of existing cabling -
Overhead Paging Systam
131,967.08
Maintenance Total:
17,612.65
Training Total:
SA- ANNOUCE IP Audio and Text Paging Application, 250
Installation Total:
3&,800.00
Estimated Sales Tax:
;phones. Application requires a Windows 2000 SP 2 or
-
198,815.48
greater, 512 meg ram, P41.Oghz or better processor, and 1
gig hard drive space. Server is not included with this
L...__ANNOUNCE -250_. SXP_A3P5
�Praposal.. _ ; S
3,800-9L. 10.00 $ 3,420.00 1 : S
3,420.40
i
a Year of Syn -Apps Maintenance (includes unlimited a -mail;
����-
-"
tANNOUNCE_250 MAINT. , _ ..,_Syn -Apps
.and 2 support calls per month) ; S
760.00 10.60 i $ 684.00: 1 : $
&A.J0
Overhead Paging Equipment Subtotal:
3,420.00
Overhead Paging Maintenance Subtotal:
684.00
:Cisco Call Accounting Application, unlimited. Web based
call detail reporting tool. Features: Web Based
administration, Schedule reports for e-mail delivery, Group
phones by company or department, Associate costs to each
__.. --- i._._ Syn -Apps _ _ area code. and Associate vests based on number pattun. ; $ 3.150.00 10.00 S 2,835.00 ! 1 $ 2,835.00
- ! 1 Yey� o %Syn -Apps Maintenance (Includes unlimited e-mal
CCA MAINT Syn•Apps _ ,and 2 support calls per month) $ 630.00 10.00 : $ 567.00: 1 $ 567.00
Call Accounting Equipment Subtotal: 2,835.00
Call Accounting Maintenance Subtotal: 567.00
Equipment Total:
131,967.08
Maintenance Total:
17,612.65
Training Total:
10,435.75
Installation Total:
3&,800.00
Estimated Sales Tax:
11,036-22
Quote Total:
198,815.48
843801v4 80078/0012 12 JH- S:05 -g (updated 9/11/06)
witness
.' 41
!� da�� �Q}•tv
5- 0054WEF 11!00 p . ...... •' 'M
T
SAFECO INSURANCE COMPANY OF AMERICA
By(
Paul.,tdv!'Se�ttie Attorney -in -Pact
IN 440
eredWomwxofSAFECOCm Flsap
EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance
in conformance with the requirements set forth below. Consultant will use existing coverage to comply
with these requirements. If that existing coverage does not meet the requirements set forth here,
Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant
acknowledges that the insurance coverage and policy limits set forth in this section constitute the
minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits
and coverage required in this agreement and which is applicable to a given loss, will be available to
City.
Consultant shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy
form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be
no cross liability exclusion for claims or suits by one insured against another. Limits are subject to
review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any
Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000
per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto
endorsement to the general liability policy described above. If Consultant or Consultant's employees
will use personal autos in any way on this project, Consultant shall provide evidence of personal auto
liability coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Any such coverage
provided under an umbrella liability policy shall include a drop down provision providing primary
coverage above a maximum $25,000 self- insured retention for liability not covered by primary but
covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There shall be no
cross liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others
involved in the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review but in no event less than
$1,000,000.00 per occurrence.
843801x4 80078/0012 13 JH- S:05 -g (updated 9/11/06)
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the consultant and
"Covered Professional Services" as designated in the policy must specifically include work performed
under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate.
The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's
duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum
financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City
agree to the following with respect to insurance provided by Consultant
1. Consultant agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds the City, its elected officials, employees and
agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992.
Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Consultant, or Consultant's employees, or agents, from waiving the right of subrogation
prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and subcontractors to
do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations limits the application
of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they
include any limiting endorsement of any kind that has not been first submitted to City and
approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-
called "third party action over" claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in
scope of coverage (e.g. elimination of contractual liability or reduction of discovery period)
that may' affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to
Consultant's general liability policy, shall be delivered to City at or prior to the execution of
this Agreement. In the event such proof of any insurance is not delivered as required, or in
the event such insurance is canceled at any time and no replacement coverage is provided,
City has the right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other agreement and to pay the premium. Any premium so paid by
City shall be charged to and promptly paid by Consultant or deducted from sums due
843801v4 80078/0012 14 JH- S:05 -o (updated 9/11/06)
Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to 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, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Consultant or any subcontractor, is intended to apply first and on a primary,
noncontributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project
who is brought onto or involved in the project by Consultant, provide the same minimum
insurance coverage required of Consultant. Consultant agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be submitted to City
for review.
11. Consultant agrees not to self - insure or to use any self - insured retentions or deductibles on any
portion of the insurance required herein and further agrees that it will not allow any
contractor, subcontractor, Architect, Engineer or other entity or person in any way involved
in the performance of work on the project contemplated by this agreement to self- insure its
obligations to City. If Consultant's existing coverage includes a deductible or self - insured
retention, the deductible or self - insured retention must be declared to the City. At that time
the City shall review options with the Consultant, which may include reduction or elimination
of the deductible or self - insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts
and types of insurance required by giving the Consultant ninety (90) days advance written
notice of such change. If such change results in substantial additional cost to the Consultant,
the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have
been executed immediately upon any party hereto taking any steps that can be deemed to be
in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to
inform Consultant of non - compliance with any insurance requirement in no way imposes any
additional obligations on City nor does it waive any rights hereunder in this or any other
regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or
agents face an exposure from operations of any type pursuant to this agreement. This
obligation applies whether or not the agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to that
effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the
term of this Agreement have been renewed or replaced with other policies providing at least
843801v4 80078/0012 15 JH -S:05, g (updated 9/11/06)
the same coverage. Proof that such coverage has been ordered shall be submitted prior to
expiration. A coverage binder or letter from Consultant's insurance agent to this effect is
acceptable. A certificate of insurance and /or additional insured endorsement as required in
these specifications applicable to the renewing or new coverage must be provided to City
within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations of
Consultant under this agreement. Consultant expressly agrees not to use any statutory
immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended
as limitations on coverage, limits or other requirements nor as a waiver of any coverage
normally provided by any given policy. 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 limiting or all- inclusive.
19. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved
in any way with the project reserves the right to charge City or Consultant for the cost of
additional insurance coverage required by this agreement. Any such provisions are to be
deleted with reference to City. It is not the intent of City to reimburse any third party for the
cost of complying with these requirements. There shall be no recourse against City for
payment of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. 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.
8438010 80078/0012 16 7H- S:05 -g (updated 9/11/06)
WECo lnswwce Company
%"wSAFEC4' SPOiW
r eattlef, WA 98124 -1526
BID BOND
Conforms with The American Institute of
Architects, A.I.A. Document No. A -310
KNOW ALL BY THESE PRESENTS, That we, Pacific Bell Telephone Company dba AT &T DataComm
6000 State Farm Oran Rohnert Park CA 94928 -
as Principal, hereinafter called the Principal,
and the SAFECO INSURANCE COMPANY OF AMERICA
of 4634154th PL NE Redmond, WA , a corporation duly organized under
the laws of the State of Washington 'as Surety, hereinafter tatted the Surety, are held and firmly bound unto
City of Rohnert Park, 6800 Hunter Drive, Rohnert Park, CA 94928 as Obligee, hereinafter called the Obligee,
in the stun of 10% of Total Bid------------------------------------ ---- ------ -- --- ------ --- -- - - ---
Dollars (S 10% of Total Bid ) , for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, execut ors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for a new city -wide telephone system
Bid Open Date: January 10 2007
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligeo
in accordance with die terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Docomems with
good and sufficient surety for the faithful performance of such Contras and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and e0ea.
Signed and sealed this 9th day of January , 2007 .
0
54VA5 S 19/oor
Witness
Witness
Pacific Bell Telephone Company dba AT &T
DataComm (Seal)
( Principal
{C Title
SAFECO INSURANCE COMPANY OF AMERICA
gYl l C- --::&-
Paul. 6w-Seattie Attomey -in -Fact
1' ?- b
•,"`�I `Q�l��b?;lo%tsterad tad"wk of WECO Coaparathon
FRp
•�l�•l„Nt,UllNll�.
843801v4 8007 8/00 12 17 7H- S:05 -g (updated 9/11/06)
STATE
OF Texas
County of Bexar
ACKNOWLEDGMENT BY SURETY
I ss.
On this 9th day of January , 2007 , before me personally
appeared Paul G. Beattie , known to me to be the A.ttomey -in -Fact of
SAMO ksurancc Company of America
, die corporation
drat, executed die widifit instrument, and aclwowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I Dave hereunto set my hand and affixed my official seal, at my office in the aforesaid
County, the day and year in this certificate first above written.
My Commission Expires•�?7 009.
0~ JIMENEZ
+i.A•e ti }o
(Seal) =� Notary Pttb4e, Stare e! Texas
1i'r' r � My COrtil111s510n E;�ires
May 17, 2004
5- MOMEEF 2198
843801v4 80078/0012 18 JH- S:05 -g (updated 9/11/06)
Safety tnsumvice Company of Anwice
�
POWER �
nt insurance Company of America
■ OPATTORNEY Sam ,wAA96185
KNOW ALL eY THESE PMENTS: No. 9672
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
**" PAUL G. BEATTIE; JONATHAN P. KLUG; KENNETH C. LONG; RONALD I WALTON, San Antonio, Texas"•"
Its tnm and lawful alWrrtey(s}irrfact with full authority to execute on its behalf fidelity and surety bonds or undertaidogis and other
dmunents of a similar tunic lar Issued In the course of Its businaw. and to bird the resWilve company thereby.
IN WMMS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these prsserds
a8s 26th
day of June . 2006
STEPHANIE DA LEY iiUATSQN,��1CRETARY Till [w1KOLA313AiSKi, SElfIORVICE- PRESiOM SURETY
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Arede V, Section 13. - FIDEL Y AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appofntod for that purpose by the officer In charge of surety opemtimm, shad each have authority to appoibt Indivftals as
attomeys -in -fact or under other aWropdata Was with auUarify to axecuts on behalf of the company tkleltry and surety bonds and
other documents of sin lar charader Issued by the company in the course of As buskress... On any Instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any Instrument oonfwting such authority or on any bond or
undertaking; of the company, the real, or a facsimile thereof, may be hnpressed or affixed or in any other manner reproduced;
provided, hawever, that the seat shall not be necessary to the vefidlty of any such Instrument or undertaking
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adoptod JWy 28.1976.
'On arty cadifleate, executed by the Seaefary or an assistant secretary of the Company setting out
i
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the , and a duly
authorized representative of the firm of ,
whose address is and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to
secure this Agreement.
b) Agreed, as an express or implied condition for obtaining
this contract, to employ or retain the services of any firm or
person in connection with carrying out the Agreement; or
C) Paid, or agreed to pay, to any firm, organization or person (other than a
bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date Signature
agr \Consult.
843801v4 80078/0012 20 JH- S:05 -g (updated 9/11/06)