HomeMy WebLinkAbout06344 - G & M CONSTRUCTION PALM SPRINGS SKATE PARK MODULAR BUILDING RELOCATION CP 12-06 Jo` DOC # 2013-0242483
05/22/2013 08:33A Fee:NC
Page I of I
Recorded in Official Records
\V County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
Recording Requested by and
III II IIII Iill II III III I II III II I I III
After Recording
Return to: 5 R U PAGE SIZE DA MISC I LONG RFD COPY
City Clerk T I
City of Palm Springs M A L 465 426 1 PCOR NCOR*CTYUNI
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Box 2743 )Z-
Palm Spranas CA A2263 T:
Pursuant to Government Code Section 6103,this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not a
NOTICE OF COMPLETION 8C2
NOTICE IS HEREBY given that:
I. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the
State of California.
II. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices
of Completion.
III. The address of the City of Palm Springs is City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California (P.O. Box
2743, Palm Springs, CA 92263-2743).
IV. The public work of improvement on the hereinafter referred to real property within the city was completed on Wednesday
May 8, 2013
V. The name of the contractor(if named)for such work of improvement was: G&M Construction
VI. The public work of improvement, which was completed in the City of Palm Springs, County of Riverside, State of California,
is described as follows: Transportation of Modular Trailers from the intersection of Alejo Rd. and North Palm
Canyon to 401 Pavilion Way in the City of Palm Springs.
VII. Nature of Interest: Fee Owner 11
VIII.The property address or location of said property is: 401 Pavilion Way, Palm Springs, CA CA Ft4 502—Z0o—ov
IX. City Project: -NN4 Agreement Number:#NA I Minute Order No: NIA
12 0(0 F� 2
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CITY OF PALM SPRINGS: BY: DATED:
Seniol Public Works Inspector, Michael K. Lytar
BY: DATED: 5Z� (?
Dire for of Public Works/City Engineer
Davi J. Barakian
I.
JAMES THOMPSON, being duly sworn, says:
That he is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that
he makes this verification on behalf of said corporation, that he has read the foregoing Notice of Completion, and knows the
contents thereof, and that the facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said
municipal corporation.
Index No. 1511
City Clerk-James Thompson
CONTRACT SERVICES AGREEMENT
Skate Park Modular Building Relocation
THIS AGREEMENT FOR CONTRACT SERVICES (the"Agreement") is made and entered into
this 21st day of March, 2013 by and between the City of Palm Springs, a California charter city and
municipal corporation ("City"), and George Marantz dba G&M Construction, Subsidiary of Happy
Traveler,a California Corporation. ("Contractor").
RECITALS
A. City requires the services of a licensed contractor to disassemble and relocate a 40 ft x 60
ft modular building,consisting of four(4)'units'.
B. Contractor has submitted to City a proposal to provide modular building relocation
services to the City pursuant to the terms of this Agreement.
C. Based on its experience Contractor is qualified to provide the necessary services to City
for the Project and desires to provide such services.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein,
City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City
as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Contractor shall provide modular building relocation services 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. Contractor 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 Como6ance with Law. All services rendered under this Agreement shall be provided by
Contractor in accordance with all applicable federal, state, and local laws, statutes and ordinances and all
lawful orders,rules,and regulations promulgated thereunder.
1.3 Licenses and Permits. Contractor 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, Contractor 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 Contractor is an essential condition of
this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according
to the agreed upon schedule of performance set forth in Exhibit"A." Contractor shall not be accountable
for delays in the progress of its work caused by any condition beyond its control and without the fault or
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 1
Skate Park Administration Building Relocation
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negligence of Contractor. Delays shall not entitle Contractor to any additional compensation regardless of
the party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. For the services rendered pursuant to this Agreement,
Contractor shall be compensated and reimbursed, in accordance with the schedule of fees set forth in
Exhibit"A,"which total amount shall not exceed$16,400.
3.2 Method of Payment. In any month in which Contractor wishes to receive payment,
Contractor shall no later than the first working day of such month, submit to City in the form approved by
City's finance director, an invoice for services rendered prior to the date of the invoice. Payments shall be
based on the monthly rates as set forth in Exhibit "A" for authorized services performed. City shall pay
Contractor for all expenses stated thereon, which are approved by City consistent with this Agreement,
within thirty(30)days of receipt of Contractor's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested
by 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;
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Contractor's profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such
appropriations are not made,this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
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 Contractor, 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 Contractor 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 for a period of Six (6) months from the time of
execution,unless extended by mutual written agreement of the parties.
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 2
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5. COORDINATION OF WORK
5.1 Representative of Contractor. The following principal of Contractor is hereby
designated as being the principal and representative of Contractor authorized to act in its behalf with
respect to the services and work specified herein and make all decisions in connection therewith: George
Marantz, owner. It is expressly understood that the experience, knowledge, education, capability, and
reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The
foregoing principal may not be changed by Contractor without prior written approval of the Contract
Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her designee,
The Director of Public Works/City Engineer. It shall be the Contractor's responsibility to keep the
Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and
Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise
specified herein,any approval of 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 Contractor, its principals and employees, were a substantial
inducement for City to enter into this Agreement. Therefore, Contractor 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 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 City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any control
over the manner, mode, or means by which Contractor, its agents or employees, perform the services
required herein, except as otherwise set forth herein. Contractor shall perform all services required herein
as an independent contractor of City and shall not be an employee of City and shall remain at all times as to
City a wholly independent contractor with only such obligations as are consistent with that role; however,
City shall have the right to review Contractor's work product, result, and advice. Contractor shall not at
any time or in any manner or in any manner represent that it or any of its agents or employees are agents or
employees of the City. City Shall not in any way or far any purposed become or be deemed to be a partner
of the Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with
Contractor.
6. INSURANCE
Contractor 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, Contractor shall defend (at Contractor's sole cost and
expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and
volunteers (collectively the "Indemnified 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 (Contractor's employees included), for
damage to property,including property owned by City,from any violation of any federal,state,or local law
or ordinance, and from errors and omissions committed by Contractor, its officers, employees,
representatives, and agents,which Claims arise out of or are related to Contractor'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 Contractor's indemnification
obligation or other liability hereunder.
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 3
Skate Park Administration Building Relocation
8. RECORDS AND REPORTS
8.1 Reports. Contractor 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. Contractor 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 Contractor in the performance of this Agreement shall be the property of
City and shall be delivered to City upon request of the Contract Officer or upon the termination of this
Agreement, and Contractor shall have no claim for further employment or additional compensation as a
result of the exercise by City of its full rights or ownership of the documents and materials hereunder.
Contractor may retain copies of such documents for its own use. Contractor 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 Contractor 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. Contractor 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 City and copies
thereof shall be promptly furnished to City upon request.
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 Contractor 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 City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act
of Contractor. 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 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.
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, htc. 4
Skate Park Administration Building Relocation
9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, except
that where termination is due to the fault of Contractor 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, Contractor shall immediately cease all services hereunder
except such as may be specifically approved by the Contract Officer. Contractor 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. Contractor may terminate this Agreement, with or without
cause,upon thirty(30)days written notice to City.
10. CITY OFFICERS AND EMPLOYEES, NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be
personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by
City or for any amount which may become due to the Contractor or its successor, or for breach of any
obligation of the terms of this Agreement.
10.2 Covenant Against Discrimination. Contractor 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 Pahn Springs
Attention:David J.Barakian
Director of Public Works/City Engineer
3200 E.Tahquitz Canyon Way
Palm Springs,California 92262
To Contractor: G&M Construction
211 West Mesquite Avenue
Palm Springs,CA 92264
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.
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 5
Skate Park Administration Building Relocation
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.
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 6
Skate Park Administration Building Relocation
IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below.
"CITY"
City of Palm Springs 1
Date: 3�� / By: /
David H.Ready
City Manager PROVED BY CITY MANAGER
APPROVED AS TO FORM: ATTEST
By:
Dougla .Holland, James Thompson,
City A torney City Clerk
"CONTRACTOR
George Marantz,dba G&M Construction
Date: � — ' By:
P a t i
Date: D I — 3 By: sG
Secretary
/ 6d Oa
Not to Exceed $
Without The Express Written
Authorization Of The City
Manager
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 7
Skate Park Administration Building Relocation
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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NO"Public-CaNkmia I certify under PENALTY OF PERJURY under the laws
Rl"ir"Camty of the State of California that the foregoing paragraph is
Comm.Ex 'm Sep 16,2015 true and correct.
WITNESS my a and i al.Signature
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Description of Attached Document
Title or 9ype of Dooumerd:
Document Date: Number of Pages.
Signer(s)Other Than Named Above:
Capecity(ies)Claimed by Signer(s)
Signers Name: Signer's Name:
71 Individual U Individual
U Corporate Officer—Title(s): _i Corporate Officer—Title(s):
U Partner—U Limited U General ❑Partner—J Limited Li General
U Attorney in Fact _I Attorney in Fact
U Trustee top oP dw t ft ❑Trustee I Toe d fti t note
❑ Guardian or Conservator ❑Guardian or Conservator {
❑ Other:—._ J Other:
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George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 8
Skate Park Administration Building Relocation
EXHIBIT "A"
CONTRACTOR'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
Schedule of Performance
The work consists of the disassembly, relocation placement and re-assembly of a
forty foot by sixty foot modular building, consisting of four (4) 'units', from its current
location at the intersection of North Palm Canyon Drive and Alejo Road to a
prepared site adjacent to the Palm Springs Skate Park, 401 S. Pavilion Way.
Items of work:
1. Disassembly - Disassemble modular building (4 units), including interior
walls, ventilation, roofing and any other appurtenant items necessary to prepare for
transport including the removal of exterior skirting, decks and fencing and the
disconnection of any utilities.
2. Disposal - Demolition, disposal or salvage (at the Engineers direction), of
decking, ramps, skirting and all other miscellaneous materials.
3. Bracing and Support - Installation of temporary bracing and structural
supports as necessary to ensure safe, damage free transportation and placement
of modular units.
4. Transportation -Transportation of modular units to the designated location.
5. Placement and Reassembly - Placement of modular units onto prepared
foundations. The Modular building is to be supported utilizing existing support
jacks' in accordance with the manufacturers specifications. Method of installation
is to be by truck. Structure foundation is to be free of walls on both the North and
West side with rebar steel bent over to allow access. Contractor is to reassemble
modular units in accordance with manufacturer's specifications. This item includes
the reconnection of interior ventilation, reconnection of roofing materials and all
other appurtenant items disconnected prior to transport.
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 9
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Time of Completion
Upon direction from the Engineer to proceed, Contractor is to diligently pursue and
complete the work, without interruption, in no more than seven (7) calendar days.
Schedule of Fees
1. Disassembly Lump Sum $2,500.00
2. Disposal Lump Sum $700.00
3. Bracing and Support Lump Sum $4,000.00
4. Transportation Lump Sum $1,200.00
5. Placement and Reassembly Lump Sum $8,000.00
Total Not to Exceed $16,400.00
- End of Section -
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 10
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EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 11
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EXHIBIT"B"
INSURANCE AMOUNTS
Prior to commencing any Work, all contractors, vendors and service providers shall procure and
maintain, at their own cost and expense for the duration of their contract with the City, appropriate
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work or services. The types of insurance required and the
coverage amounts are specified below:
A. Minimum Scope of Insurance Required
1. General Liability Insurance is required whenever the City is at risk of third-party claims
which may arise out of work or presence of a contractor, vendor and service provider on
City premises.At a minimum this policy shall:
• be written on a per occurrence basis;and
• include products and completed operations liability, independent contractors liability,
broad form contractual liability, and cross liability protection.
2. Automobile Liability Insurance is required only when vehicles are used by a contractor,
vendor or service provider in their scope of work or when they are driven off-road on City
property. Compliance with California law requiring auto liability insurance is mandatory and
cannot be waived. At a minimum this policy shall:
• be written on a per occurrence basis; and
• include coverage for Bodily Injury and Property Damage, Owned, Non-owned and
Hired Vehicles; and
• include coverage for owned, non-owned, leased and hired vehicles.
If an automobile is not used in connection with the services provided by the contractor,
vendor or service provider, a written request to waive this requirement should be made to
the City's Risk Manager.
3. Workers' Compensation and Employer's Liability Insurances is required for any
contractor, vendor or service provider that has any employees at any time during the period
of this contract. Contractors with no employees must complete a Request for Waiver of
Workers' Compensation Insurance Requirement form available from the City's Risk
Manager.At a minimum,this policy shall:
• provide statutory requirements of the State of California; and
• include$1,000,000 Employer's Liability.
B. Minimum Limits of Insurance Coverage Required
$1 Million per Occurrence/$2 Million Aggregate
Umbrella excess liability may be used to reach the limits stated above.
C. General Standards for Insurance Policies
All insurance policies shall meet the following standards:
1. Insurance carrier is to be placed with duly licensed or approved non-admitted insurers in
the state of California.
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 12
Skate Park Administration Building Relocation
2. Insurers must have a Best's rating of B+, Class VII, or higher (this rating includes those
insurers with a minimum policyholder's surplus of$50 Million to$100 Million). Exceptions to
the Best's rating may be considered when an insurance carrier meets all other standards
and can satisfy surplus amounts equivalent to a B+, Class VII rating.
3. Certificate must include evidence of the amount of any deductible or self-insured retention
under the policy.
D. Verification of Insurance Coverage
All individuals, contractors, agencies, and organizations conducting business for the City shall
provide proof of insurance by submitting one of the following: (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 it relates to a speck contract" 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 it relates to a speck contract" or'for any and all work performed with
the City' may be included in this statement). See Example A below.
As an alternative to the noncontributory endorsement, the City will accept a waiver of
subrogation endorsement on the General Liability policy. At a minimum, this endorsement
shall include the following language:
"This insurance company agrees to waive all rights of subrogation against the City of Palm
Springs, its officers, officials and employees for losses paid under the terms of this policy
which arise from the work performed by the named insured for the City."
3. "The insurance afforded by this policy shall not be cancelled except after thirty days prior
written notice by certified mail return receipt requested has been given to the City."
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. See Example B below.
The Workers' Compensation and Employer's Liability policies shall contain waiver of
subrogation clause in favor of City, its elected officials, officers, employees, agents and
volunteers. See Example C below.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policy.
All certificates 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 agentlbroker or insurance underwriter. Failure to
obtain the required documents prior to the commencement of works hall not waiver the
contractor's obligation to provide them.
George Marantz, dba G&M Construction a subsidiary of Happy Traveler, Inc. 13
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E. Acceptable Alternatives to Insurance Industry Certificates of Insurance
The City will accept either a CG 20 10 10 01 or a CG 20 33 10 01 (or some form specific to a
particular insurance company that has similar wording) as long as the form is accompanied by
a CG 20 37 10 01. In addition, the City will accept the following:
• A copy of the full insurance policy which contains a thirty (30) days' cancellation notice
provision (ten (10) days for non-payment of premium) and additional insured and/or loss-
payee status,when appropriate, for the City.
• Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from
date of approval
F. Endorsement Language for Insurance Certificates
Example A:
THE INSURANCE SHALL BE PRIMARY WITH RESPECT TO THE INSURED SHOWN
IN THE SCHEDULE ABOVE, OR IF EXCESS, SHALL STAND IN AN UNBROKEN
CHAIN OF COVERAGE EXCESS OF THE NAMED INSURED'S SCHEDULED
UNDERLYING PRIMARY COVERAGE. IN EITHER EVENT, ANY OTHER
INSURANCE MAINTAINED BY THE INSURED SCHEDULED ABOVE SHALL BE IN
EXCESS OF THIS INSURANCE AND SHALL NOT BE CALLED UPON TO
CONTRIBUTE WITH IT.
Example B:
SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS* WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT
FAILURE RE TO MAIL SUCH NOT-113F SHALL IMPOSE NO OBLIGATION (DR
LIABILITY ITV OF ANY KIND UPON THE INSURER, ITS AGFNT_C OR
DCDDCCCAITATIVCC
*The broker/agent can include a qualifier stating "10 days notice for
nonpayment of premium."
Example C:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES
THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL
INSURED(S), BUT ONLY WITH RESPECT TO THE JOB OR PREMISES
DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
G. Alternative Programs/Self-Insurance
Under certain circumstances, the City may accept risk financing mechanisms such as Risk
Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and
self-insurance programs as verification of insurance coverage. These programs are subject to
separate approval once the City has reviewed the relevant audited financial statements and
made a determination that the program provides sufficient coverage to meet the City's
requirements.
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Skate Park Administration Building Relocation
The City has recently joined SPARTA(Service Providers &Artisans Trade Activities Program)to
accommodate smaller contractors and service providers who have difficulty in meeting the City's
insurance requirements. The SPARTA Program offers a general liability program that provides
the $1 million limit and, upon request, will also provide auto insurance with the $1 million limit
(only in conjunction with the purchase of general liability insurance). SPARTA is only available
during the time your company is under contract with the City.
Insurance is provided on a per project basis and is overseen by the Municipality Insurance
Services, Inc. Essex Insurance Company provides coverage and is a B+rated company. There
is a 24-hour response time and coverage is immediate.
A quote may be obtained by calling 1-800-420-0555 or online at www.2sparta.com.
Type of work covered:
A. Personal services contracts;
B. General contractors and their subcontractors(certain specialty trades excluded);
C. Contractors; and
D. Providers of goods.
H. Waiver of Modification of the Insurance Requirements
Any waiver or modification of the insurance requirements can only be made by the City's Risk
Manager or designee at Citys discretion. If you do not believe that the insurance requirements
apply to you (e.g., you do not have employees and therefore are not subject to the State
workers' compensation insurance requirements; you do not drive an automobile in connection
with the services you provide to the City; professional liability or errors and omissions liability
insurance is not available for the type of services you are performing, etc.), please submit a
written request for waiver or modification of the insurance requirements and the reasons
underlying your request to the Risk Manager. All requests for waiver or modification will be
reviewed and a final determination rendered by the Risk Manager.
- END OF SECTION—
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Skate Park Administration Building Relocation