HomeMy WebLinkAbout06554 - LANDSCAPE ARCHITECTURE CONSULTING FOR CITY OF PALM SPRINGS FACILITIES DOCUMENT TRACKING Page: 1
Report: Soon to Expire Documents Summary December 3,2014
Condition: Expire Within 120 days, Document Numbers from a00001 to a6900, Groups =SUSTAINABILITY,ALL Services,ALL XREFs
Document# Descri tD ion Auoroyal Date Exoiration Date Closed Date
A6554 Desert Landscape Design and Site Enhancement at various facilities 06/09/2010 12/31/2014
Company Name: Michael Buccino & Associates
Address: a
Group: SUSTAINABILITY
Service: In File 41
xRef: Michele
Ins.Status: Certificate and Policies are OK
* * * * * * END OF REPORT* * * * * *
Kathie Hart
From: Michele Mician
Sent: Wednesday, December 03, 2014 8:12 PM
To: Kathie Hart
Subject: RE:Agreements Expiring Soon
Close please
�OPLtNY YO&N. SAVE THE D AU
6i.^ Cp
} 1` f Mayor's Healthy
Planet Healthy
n You Race and
Wellness Festival
NeM of RUM NW*J Park
7:10 AM!TART 10 MIL!
8:00 AM suRr SK SATURDAY-JAN. 17.. 2015
1:10 AM KIDS IK PUN DUN I REGISTER NOW.
1:00 PM VAW C NK www.adive.com
'...i t::�wlwv�twwlVtNrS wwwyaxluslidlxdrkdry.aom
Michele C. Mician, MS, LEED GA
Manager, Office of Sustainability
City of Palm Springs, CA
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
760-323-8214 phone
Email: Michele.micia TICE)Pal msprinesca.eov
Web:www.voursustainablecity.com
From: Kathie Hart
Sent: Wednesday, December 03, 2014 8:10 PM
To: Michele Mician
Cc: Jay Thompson
Subject: RE: Agreements Expiring Soon
Attached is a list of agreements expiring within the next 120 days. Please advise our office if the agreements have been
completed and may be closed.
Thankyou.
Kathie Hart, AMC
Chief Deputy City Clerk
City of Palm 5pri7gs IT(760)323-8206
3200 E. Tohqui tz Canyon Way A (760)322-8332
Palm Springs, CA 92262 Lowhie.Hart@PalmSprinosC&Lo
Please note that City Hall is open 8 a.m. to 6 pm,. Monday through Thursday,and closed on Fridays at this time.
i
c
1
CONSULTING SERVICES AGREEMENT
(Michael Buccino Associates— Desert Landscape Design and Site Enhancements)
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement') is made
and entered into this 24th day of September, 2014, by and between the City of Palm
Springs, a municipal corporation ("City"), acting by and through its City Manager, or his
designee, a Contract Officer of the City ("City"), and Michael Buccino Associates, Inc.
("Consultant').
RECITALS
A. The City requires the services of Landscape Architecture Design
Consultant for Labyrinth Landscape Design projects at City of Palm Springs facilities
Y P 9 P 1 Y
("Project').
B. Consultant has submitted to the City a proposal to provide Landscape
Architecture Design Consulting services pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to the City for the Project and desires to
provide such services.
D. The City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Engineering Design Consulting services to the City
as described in the Scope of Services/Work attached to this Agreement as Exhibit "A"
and incorporated herein by reference (the "services" or "work"), which includes the
agreed upon schedule of performance and the schedule of fees. Consultant warrants
that all services and work shall be performed in a competent, professional, and
satisfactory manner in accordance with all standards prevalent in the industry. In the
event of any inconsistency between the terms contained in the Scope of Services/Work
and the terms set forth in the main body of this Agreement, the terms set forth in the
main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Consultant in accordance with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
j Revised:0925/14
507639.2
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and
expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that it has carefully considered how the work should be performed and fully
understands the facilities, difficulties, and restrictions attending performance of the work
under this Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Consultant is an
essential condition of this Agreement. Consultant shall prosecute regularly and
diligently the work of this Agreement and complete the work by December 31, 2014.
Changes to the completion date must be agreed upon by both parties. Consultant shall
not be accountable for delays in the progress of its work caused by any condition
beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for
the delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, Consultant shall be compensated and reimbursed, in accordance with
the schedule of fees set forth in Exhibit 'A," which total amount shall not exceed
$1595.91.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to
the City in the form approved by the City's finance director, an invoice for services
rendered prior to the date of the invoice. Payments shall be based on the hourly rates
as set forth in Exhibit "A" for authorized services performed. The City shall pay
Consultant for all expenses stated thereon, which are approved by the City consistent
with this Agreement, within thirty (30) days of receipt of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of
Services/Work is requested by the City, the parties hereto shall execute a written
amendment to this Agreement, setting forth with particularity all terms of such
amendment, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
2 Revised:09/25/14
507639.2
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Consultant's
profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City of Palm Springs for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to the City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The completion date required for this project is December 31, 2014.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A." The extension of any time period must be approved in writing by
the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of
Consultant, including, but not limited to, acts of God or of a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, and unusually severe weather if Consultant shall within ten (10)
days of the commencement of such condition notify the Contract Officer who shall
thereupon ascertain the facts and the extent of any necessary delay, and extend the
time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement.
4.4 Tenn. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect until December 31,
2014, unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: Michael Buccino Associates. It is expressly
understood that the experience, knowledge, education, capability, and reputation of the
foregoing principal is a substantial inducement for the City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement
for directing all activities of Consultant and devoting sufficient time to personally
supervise the services hereunder. The foregoing principal may not be changed by
Consultant without prior written approval of the Contract Officer.
3 Revised:09125/14
507639.2
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance of the services
and Consultant shall refer any decisions that must be made by the City to the Contract
Officer. Unless otherwise specified herein, any approval of the City required hereunder
shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and
employees, were a substantial inducement for the City to enter into this Agreement.
Therefore, Consultant shall not contract with any other individual or entity to perform in
whole or in part the services required hereunder without the express written approval of
the City. In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of the
City.
5.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode, or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of
the City and shall not be an employee of the City and shall remain at all times as to the
City a wholly independent contractor with only such obligations as are consistent with
that role; however, the City shall have the right to review Consultant's work product,
result, and advice. Consultant shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of the City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services set forth herein. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager or his designee, the City shall have the unrestricted right to
order the removal of any personnel assigned by Consultant by providing written notice
to Consultant.
Name: Title:
Michael Buccino, ASLA Owner
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's
sole cost and expense), indemnify, protect, and hold harmless the City, its elected
officials, officers, employees, agents, and volunteers (collectively the "Indemnified
4 Revised:09/25114
507639.2
Parties"), from and against any and all liabilities, actions, suits, claims, demands,
losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively "Claims"),
including but not limited to Claims arising from injuries to or death of persons
(Consultant's employees included), for damage to property, including property owned by
the City, from any violation of any federal, state, or local law or ordinance, and from
negligent acts, errors and omissions committed by Consultant, its officers, employees,
representatives, and agents, which Claims arise out of or are related to Consultant's
performance under this Agreement, but excluding such Claims arising from the
negligence or willful misconduct of the City, its elected officials, officers, employees,
agents, and volunteers. Under no circumstances shall the insurance requirements and
limits set forth in this Agreement be construed to limit Consultant's indemnification
obligation or other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be
necessary to properly perform the services required by this Agreement and enable the
Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon
request of the Contract Officer or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as a
result of the exercise by the City of its full rights or ownership of the documents and
materials hereunder. Consultant may retain copies of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer.
8.5 Cost Records. Consultant shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement and shall make such materials
available at its offices at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment for inspection by the City and copies
thereof shall be promptly furnished to the City upon request.
5 Revised:09/25/14
507639.2
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of the City shall be deemed to waive or render
unnecessary the City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
9.3 Riahts and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
9.4 Leoal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the
purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. The City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Consultant, except that where termination is due to the fault of
Consultant and constitutes an immediate danger to health, safety, and general welfare,
the period of notice shall be such shorter time as may be determined by the City. Upon
receipt of the notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all services rendered prior to receipt of
the notice of termination and for any services authorized by the Contract Officer
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty
(30) days written notice to the City.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Consultant, or any successor-in-interest, in
the event of any default or breach by the City or for any amount which may become due
6 Revised:09125/14
507639.2
to the Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of persons on account of
race, color, creed, religion, sex, marital status, disability, sexual orientation, national
origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by pre-paid, first-class
mail to the address set forth below. Either party may change its address by notifying
the other party of the change of address in writing. Notice shall be deemed
communicated seventy-two (72) hours from the time of mailing if mailed as provided in
this Section.
To City: City of Palm Springs
Attention: Michele Mician
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Michael Buccino Associates
Attention: Michael Buccino, ASLA
77-734 Country Club Drive, Suite A-2
Palm Desert, CA 92211
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be
interpreted to carry out the intent of the parties hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
7 Revised:09/25/14
5076391
111
[SIGNATURE PAGE SEPARATELY ATTACHED]
g Revised:09125/14
507639.2
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
dates stated below.
"CITY"
City of Springs
, i
Date: L ( � I By: 1
Michele Mician
Sustainability Manager
APPROVED BY DEPARMENT HEAD
APPROVED AST FORM: ATTEST
Dougl C. Holland, 44mes Thompson,
City A crney City Clerk
"CONSULTANT"
Michael Buccino Associates, Inc
Date:
ichael Buccino, ASLA
Representative
9 Revised:09125/14
507639.2
10 Revised:09125/14
507639.2
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICESMORK
Including,
Schedule of Fees
And
Schedule of Performance
1 j Revised:09/25/14
507639.2
EXHIBIT "A"
(PROPOSAL)
(Scope of Services)
The Consultant proposal and specifications for the landscape architectural design and
electrical services for the City's "Project" are as follows:
General Description: Consultant shall provide landscape architectural services which
include providing a conceptual plan illustrating the location and construction materials
for plant material, irrigation, lighting and electrical and hardscape design for the
proposed Labyrinth Landscape Design Projects at the City's Cogeneration Plant and a
cost estimate for proposed improvements.
After the conceptual plan is approved, construction plans and details will be prepared
which will include plantings, construction materials, irrigation, lighting and electrical and
hardscape design details.
Costs: The 1595.91 cost includes all materials necessary to provide the construction
plans and details, irrigation, lighting and electrical and hardscape design.
Timeline: The specifications, construction plans and details will be completed by
December 31, 2014 and begin after execution of this Agreement by all parties, unless
extended by mutual written agreement of the parties.
EXHIBIT "A"
(SCHEDULE OF PERFORMANCE)
The Consultant shall begin the design of the specifications, construction plans after the
full execution of this Agreement.
The construction plans, irrigation, lighting and electrical, and hardscape design plans
and details will be completed by December 31, 2014 and work is to begin after the
execution of this Agreement by all parties.
Consultant shall furnish to the City, before the execution of this Agreement, a schedule
for completion of the plans and estimated date of completion.
Consultant shall furnish to City staff, one (1) time every week after the start of the
project, a progress report until the completion of the project.
12 Revised:09/25/14
507639.2
EXHIBIT "A"
(FEE SCHEDULE)
Payment for the design specifications, construction plans, irrigation, lighting and
electrical, and hardscape design and details for the City of Palm Springs shall be as
follows:
A partial payment, in an amount up to 50% may be submitted after the execution of the
agreement. Full payment will be made after delivery of approved conceptual plans and
shall be payable within 30 days after delivery of the progress billing; payment of any
remaining balance shall be payable within 30 days after the delivery of final landscape
plan, lighting and electrical plans and details.
13 Revised:09/25/14
507639.2
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
14 Revised:09/25/14
507639.2
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
the City, public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's performance under
this Agreement. Consultant shall also carry workers' compensation insurance in
accordance with California workers' compensation laws. Such insurance shall be kept
in full force and effect during the term of this Agreement, including any extension
thereof, and shall not be cancelable without thirty (30) days advance written notice to
the City of any proposed cancellation. Certificates of insurance evidencing the
foregoing and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to
and approved by the City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the
same shall not be construed as a limitation of Consultant's obligation to indemnify the
City, its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance
required hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at
least one million dollars ($1,000,000.00) combined single limit coverage per occurrence
and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million
dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of
at least one million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000) annual aggregate; and,
4. Workers' Compensation insurance in the statutory amount as
required by the State of California and Employer's Liability Insurance with limits of at
least one million dollars $1 million per occurrence. If Consultant has no employees,
Consultant shall complete the City's Request for Waiver of Workers' Compensation
Insurance Requirement form.
For any claims related to this Agreement, Consultant's insurance coverage shall
be primary insurance as respects the City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the
City and its respective elected officials, officers, employees, agents, and volunteers
shall be in excess of Consultant's insurance and shall not contribute with it. For
Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive
all rights of subrogation and contribution it may have against the City, its elected
officials, officers, employees, agents, and volunteers.
15 Revised:(19125/14
507639.2
B. Errors and Omissions Coverage. If Consultant provides claims made
professional liability insurance, Consultant shall also agree in writing either (1) to
purchase tail insurance in the amount required by this Agreement to cover claims made
within three years of the completion of Consultant's services under this Agreement, or
(2) to maintain professional liability insurance coverage with the same carrier, or
equivalent coverage with another company, in the amount required by this Agreement
for at least three years after completion of Consultant's services under this Agreement.
Consultant shall also be required to provide evidence to the City of the purchase of the
required tail insurance or continuation of the professional liability policy.
C. Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best's Key Rating
of B++, Class VII, or better, unless otherwise acceptable to the City.
D. Verification of Coveraae. Consultant shall furnish the City with both
certificates of insurance and endorsements, including additional insured endorsements,
effecting all of the coverages required by this Agreement. The certificates and
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All proof of insurance is to be received and approved by the City before
work commences. The City reserves the right to require Consultant's insurers to
provide complete, certified copies of all required insurance policies at any time.
Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General
and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an
acceptable Certificate of Liability Insurance Coverage with an approved Additional
Insured Endorsement with the following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named
as an additional insured..." ("as respects City of Palm Springs Contract No._"or "for
any and all work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No._" or
"for any and all work performed with the City' may be included in this statement).
3. "Should any of the above described policies be canceled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of the City, its elected officials,
officers, employees, agents, and volunteers.
16 Reviud:09/25/14
507639.2
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the
City before work commences. All certificates of insurance must be authorized by a
person with authority to bind coverage, whether that is the authorized agent/broker or
insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
E. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City prior to commencing
any work or services under this Agreement. At the option of the City, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration, and defense expenses. Certificates of Insurance must include evidence
of the amount of any deductible or self-insured retention under the policy. Consultant
guarantees payment of all deductibles and self-insured retentions.
F. Severability of Interests (Separation of Insureds). This insurance
applies separately to each insured against whom claim is made or suit is brought except
with respect to the limits of the insurer's liability.
17 Revised:09/25114
507639.2
CONSULTING SERVICES AGREEMENT
(Michael Buccino Associates— Desert Landscape Design and Site Enhancements)
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made
and entered into this 4th day of June, 2014, by and between the City of Palm Springs, a
municipal corporation ("City'), acting by and through its City Manager, or his designee,
a Contract Officer of the City ("City"), and Michael Buccino Associates, Inc.
("Consultant').
RECITALS
A. The City requires the services of Landscape Architecture Design
Consultant for desert landscape projects at City of Palm Springs facilities ("Project").
B. Consultant has submitted to the City a proposal to provide Landscape
Architecture Design Consulting services pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to the City for the Project and desires to
provide such services.
D. The City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Engineering Design Consulting services to the City
as described in the Scope of Services/Work attached to this Agreement as Exhibit "A"
and incorporated herein by reference (the "services" or "work"), which includes the
agreed upon schedule of performance and the schedule of fees. Consultant warrants
that all services and work shall be performed in a competent, professional, and
satisfactory manner in accordance with all standards prevalent in the industry. In the
event of any inconsistency between the terms contained in the Scope of Services/Work
and the terms set forth in the main body of this Agreement, the terms set forth in the
main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Consultant in accordance with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
Revised:3/02)07
iGJ634.^_
1
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and
expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that it has carefully considered how the work should be performed and fully
understands the facilities, difficulties, and restrictions attending performance of the work
under this Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Consultant is an
essential condition of this Agreement. Consultant shall prosecute regularly and
diligently the work of this Agreement and complete the work by December 31, 2014.
Changes to the completion date must be agreed upon by both parties. Consultant shall
not be accountable for delays in the progress of its work caused by any condition
beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for
the delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, Consultant shall be compensated and reimbursed, in accordance with
the schedule of fees set forth in Exhibit 'A," which total amount shall not exceed
$5,000.00.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to
the City in the form approved by the City's finance director, an invoice for services
rendered prior to the date of the invoice. Payments shall be based on the hourly rates
as set forth in Exhibit "A" for authorized services performed. The City shall pay
Consultant for all expenses stated thereon, which are approved by the City consistent
with this Agreement, within thirty (30) days of receipt of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of
Services/Work is requested by the City, the parties hereto shall execute a written
amendment to this Agreement, setting forth with particularity all terms of such
amendment, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
Revised:3102/07
505G322
2
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Consultant's
profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City of Palm Springs for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to the City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The completion date required for this project is December 31, 2014.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A." The extension of any time period must be approved in writing by
the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of
Consultant, including, but not limited to, acts of God or of a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, and unusually severe weather if Consultant shall within ten (10)
days of the commencement of such condition notify the Contract Officer who shall
thereupon ascertain the facts and the extent of any necessary delay, and extend the
time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect until December 31,
2014, unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: Michael Buccino Associates. It is expressly
understood that the experience, knowledge, education, capability, and reputation of the
foregoing principal is a substantial inducement for the City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement
for directing all activities of Consultant and devoting sufficient time to personally
supervise the services hereunder. The foregoing principal may not be changed by
Consultant without prior written approval of the Contract Officer.
Revised:3/02107
507639.'_
3
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance of the services
and Consultant shall refer any decisions that must be made by the City to the Contract
Officer. Unless otherwise specified herein, any approval of the City required hereunder
shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and
employees, were a substantial inducement for the City to enter into this Agreement.
Therefore, Consultant shall not contract with any other individual or entity to perform in
whole or in part the services required hereunder without the express written approval of
the City. In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of the
City.
5.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode, or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of
the City and shall not be an employee of the City and shall remain at all times as to the
City a wholly independent contractor with only such obligations as are consistent with
that role; however, the City shall have the right to review Consultant's work product,
result, and advice. Consultant shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of the City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services set forth herein. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager or his designee, the City shall have the unrestricted right to
order the removal of any personnel assigned by Consultant by providing written notice
to Consultant.
Name: Title:
Michael Buccino, ASLA Owner
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's
sole cost and expense), indemnify, protect, and hold harmless the City, its elected
officials, officers, employees, agents, and volunteers (collectively the "Indemnified
Ravi�d:3102107
50]639.2
4
Parties"), from and against any and all liabilities, actions, suits, claims, demands,
losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively "Claims"),
including but not limited to Claims arising from injuries to or death of persons
(Consultant's employees included), for damage to property, including property owned by
the City, from any violation of any federal, state, or local law or ordinance, and from
negligent acts, errors and omissions committed by Consultant, its officers, employees,
representatives, and agents, which Claims arise out of or are related to Consultant's
performance under this Agreement, but excluding such Claims arising from the
negligence or willful misconduct of the City, its elected officials, officers, employees,
agents, and volunteers. Under no circumstances shall the insurance requirements and
limits set forth in this Agreement be construed to limit Consultant's indemnification
obligation or other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be
necessary to properly perform the services required by this Agreement and enable the
Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon
request of the Contract Officer or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as a
result of the exercise by the City of its full rights or ownership of the documents and
materials hereunder. Consultant may retain copies of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer.
8.5 Cost Records. Consultant shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement and shall make such materials
available at its offices at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment for inspection by the City and copies
thereof shall be promptly furnished to the City upon request.
Revised:3102/07
506392
5
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of the City shall be deemed to waive or render
unnecessary the City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
9.3 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
9.4 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the
purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. The City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Consultant, except that where termination is due to the fault of
Consultant and constitutes an immediate danger to health, safety, and general welfare,
the period of notice shall be such shorter time as may be determined by the City. Upon
receipt of the notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all services rendered prior to receipt of
the notice of termination and for any services authorized by the Contract Officer
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty
(30) days written notice to the City.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Consultant, or any successor-in-interest, in
the event of any default or breach by the City or for any amount which may become due
Revised:3/02/07
R 639.^_
6
to the Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of persons on account of
race, color, creed, religion, sex, marital status, disability, sexual orientation, national
origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by pre-paid, first-class
mail to the address set forth below. Either party may change its address by notifying
the other party of the change of address in writing. Notice shall be deemed
communicated seventy-two (72) hours from the time of mailing if mailed as provided in
this Section.
To City: City of Palm Springs
Attention: Michele Mician
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Michael Buccino Associates
Attention: Michael Buccino, ASLA
77-734 Country Club Drive, Suite A-2
Palm Desert, CA 92211
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be
interpreted to carry out the intent of the parties hereunder.
11.5 Authoritv. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
Revised:3/02/07
9J7619 2
7
[SIGNATURE PAGE SEPARATELY ATTACHED]
Revised:3107107
�096392
8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"CITY"
City of Palm Springs
Date: ' I By:
Michele C. Mician
Manager, Office of Sustainability
C,-r-f
`' "CONSULTANT"
t96. O•�-p/¢— Michael Buccino Associates, Inc.
Date:
' Michael Buccino, ASLA
Principal
APPROVED BY DEPARMENT HEAD
Revised:X02l07
507639.2
9
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Revised:3/02/07
i07639
10
EXHIBIT "A"
(PROPOSAL)
(Scope of Services)
The Consultant proposal and specifications for the landscape architectural design and
electrical services for the City's "Project" are as follows:
General Description: Consultant shall provide landscape architectural services which
include providing a conceptual plan illustrating the location and construction materials
for plant material, irrigation, lighting and electrical and hardscape design for the
proposed Desert Landscape Projects at various city facilities and a cost estimate for
proposed improvements. (See detailed proposal on following page for details)
After the conceptual plan is approved, construction plans and details will be prepared
which will include plantings, construction materials, irrigation, lighting and electrical and
hardscape design details.
Costs: The $5000.00 cost includes all materials necessary to provide the construction
plans and details, irrigation, lighting and electrical and hardscape design.
Timeline: The specifications, construction plans and details will be completed by
December 31, 2014 and begin after execution of this Agreement by all parties, unless
extended by mutual written agreement of the parties.
EXHIBIT "A°
(SCHEDULE OF PERFORMANCE)
The Consultant shall begin the design of the specifications, construction plans after the
full execution of this Agreement.
The construction plans, irrigation, lighting and electrical, and hardscape design plans
and details will be completed by December 31, 2014 and work is to begin after the
execution of this Agreement by all parties.
Consultant shall furnish to the City, before the execution of this Agreement, a schedule
for completion of the plans and estimated date of completion.
Consultant shall furnish to City staff, one (1) time every week after the start of the
project, a progress report until the completion of the project.
Revised:3/02/07
U]639 3
11
MICHAEL 8llCCINO ASSOCIATES
Lardreape Ardrifedure
May 29, 2014
Michele Mician
Mgr. Office of Sustainability
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92264
RE: Partial landscape renovation of the Cogeneration Plant, Dog Park,
Police Station, City Hall, Fire Station 42, City Yard @ 425 Civic Drive, and
Fire Station 45
Dear Ms. Mician:
In accordance with your request I am herewith submitting this proposal for
landscape architectural services as would relate to the above referenced
project areas.
SCOPE OF SERVICE
The scope of our service would be the development of a program for
converting portions of each area mentioned above from greenscape to a
desertscape design.
We will prepare specifications of the following:
A. Partial site landscape demolition
B. New landscape grading where applicable
C. Proposed irrigation conversion standard
D. Proposed plant pallet to be used in the conversion of these sites
E. Proposed ground cover material to be used
F. Proper means of weed control at each location
We will make a determination for each site of how much conversion work
will be done and write a description of the proposed work. We will
determine the landscape character to be established at each site, as each
760)727166 760,172.7168 77-734 Country Club Dr..Sqe.At ,Palm Dered,CA 92211 derignombwdnocom mbucanosom
facility has a unique function and the proposed design should support the
site function and location.
All of our work will be submitted to the City of Palm Springs for approval
and we will attend all necessary meetings with the City.
PROFESSIONAL COMPENSATION
Our compensation for these services will be the lump sum of $5,000.00
Commencemeni fee due upon
signing of this proposal $2,500.00
All reproduction work will be billed at cost plus 18%. Any travel by auto
required and authorized by you, the client, out of the desert area, will be
billed at .56 cents/mile. You will be billed monthly based on the work
accomplished during that period.
WORK EXTRA TO CONTRACT
Should it be necessary to perform seances outside the scope of this proposal,
these services would be rendered upon your request in accordance with the
fallowing hourly rates:
Landscape Architect's time $185.00/hr.
Landscape Architect's Assistant's time $ 85.00,1ir.
If the above meets with your approval, please signify acceptance by signing
a copy of this proposal and returning it to me along with your commence-
ment fee.
Respectfully submitted,
Michael Buccino, ASLA
Michael Buccino Associates, Inc.
6/3/2014
CLIENT DATE
13
EXHIBIT °A"
(FEE SCHEDULE)
Payment for the design specifications, construction plans, irrigation, lighting and
electrical, and hardscape design and details for the City of Palm Springs shall be as
follows:
A partial payment, in an amount up to 50% plus reimbursable expenses may be
submitted after the execution of the agreement. Full payment will be made after delivery
of approved conceptual plans and shall be payable within 30 days after delivery of the
progress billing; payment of any remaining balance shall be payable within 30 days after
the delivery of final landscape plan, lighting and electrical plans and details.
Reproduction services will be paid directly to printer and costs for reproductive services
are not to exceed $1,000.00
Revised:3/02/07
507(d9'
14
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Revised:3102J07
50H6192
15
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
the City, public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's performance under
this Agreement. Consultant shall also carry workers' compensation insurance in
accordance with California workers' compensation laws. Such insurance shall be kept
in full force and effect during the term of this Agreement, including any extension
thereof, and shall not be cancelable without thirty (30) days advance written notice to
the City of any proposed cancellation. Certificates of insurance evidencing the
foregoing and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to
and approved by the City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the
same shall not be construed as a limitation of Consultant's obligation to indemnify the
City, its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance
required hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at
least one million dollars ($1,000,000.00) combined single limit coverage per occurrence
and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million
dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of
at least one million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000) annual aggregate; and,
4. Workers' Compensation insurance in the statutory amount as
required by the State of California and Employer's Liability Insurance with limits of at
least one million dollars $1 million per occurrence. If Consultant has no employees,
Consultant shall complete the City's Request for Waiver of Workers' Compensation
Insurance Requirement form.
For any claims related to this Agreement, Consultant's insurance coverage shall
be primary insurance as respects the City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the
City and its respective elected officials, officers, employees, agents, and volunteers
shall be in excess of Consultant's insurance and shall not contribute with it. For
Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive
all rights of subrogation and contribution it may have against the City, its elected
officials, officers, employees, agents, and volunteers.
Revised:302107
iiY763R0
16
B. Errors and Omissions Coverage. If Consultant provides claims made
professional liability insurance, Consultant shall also agree in writing either (1) to
purchase tail insurance in the amount required by this Agreement to cover claims made
within three years of the completion of Consultant's services under this Agreement, or
(2) to maintain professional liability insurance coverage with the same carrier, or
equivalent coverage with another company, in the amount required by this Agreement
for at least three years after completion of Consultant's services under this Agreement.
Consultant shall also be required to provide evidence to the City of the purchase of the
required tail insurance or continuation of the professional liability policy.
C. Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best's Key Rating
of B++, Class VII, or better, unless otherwise acceptable to the City.
D. Verification of Coverage. Consultant shall furnish the City with both
certificates of insurance and endorsements, including additional insured endorsements,
effecting all of the coverages required by this Agreement. The certificates and
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All proof of insurance is to be received and approved by the City before
work commences. The City reserves the right to require Consultant's insurers to
provide complete, certified copies of all required insurance policies at any time.
Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General
and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an
acceptable Certificate of Liability Insurance Coverage with an approved Additional
Insured Endorsement with the following endorsements stated on the certificate:
1. 'The City of Palm Springs, its officials, employees, and agents are named
as an additional insured..." ("as respects City of Palm Springs Contract No. "or 'Tor
any and all work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No._" or
"for any and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of the City, its elected officials,
officers, employees, agents, and volunteers.
Revised:3102107
i076392
17
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the
City before work commences. All certificates of insurance must be authorized by a
person with authority to bind coverage, whether that is the authorized agent/broker or
insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
E. Deductibles and Self-insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City prior to commencing
any work or services under this Agreement. At the option of the City, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration, and defense expenses. Certificates of Insurance must include evidence
of the amount of any deductible or self-insured retention under the policy. Consultant
guarantees payment of all deductibles and self-insured retentions.
F. Severability of Interests (Separation of Insureds). This insurance
applies separately to each insured against whom claim is made or suit is brought except
with respect to the limits of the insurer's liability.
Revised:3/02/07
507614^
18