HomeMy WebLinkAbout06095 - AGUA CALIENTE BAND OF CAHUILLA INDIANS BELARDO RD BRIDGE & ROADWAY PROJECT RELEASE OF CLAIMS
The undersigned subcontractor, pursuant to the terms of the Subcontractor Services
Agreement dated May 18, 2011 ("AGREEMENT'), by and between the Aqua Caliente
Band of Cahuilla Indians, a federally-recognized Indian Tribal Government ("TRIBAL
GOVERNMENT'), with offices at 5401 Dinah Shore Drive, Palm Springs, California,
92264 and the City of Palm Springs ("SUBCONTRACTOR"), a municipal corporation,
with its offices at 3200 East Tahquitz Canyon Way, Palm Springs, California 92262, to
construct the Belardo Bridge and Roadway Project, hereby releases the TRIBAL
GOVERNMENT from any and all claims arising under or by virtue of said AGREEMENT
or any modification or change thereof except as follows: (Here list any claims against
the TRIBAL GOVERNMENT and the amounts thereof. If none, so state.)
A62 N G
In witness whereof, the SUBCONTRACTOR has executed this release this \ — of
''"da y
201Ay
CITY OF PALM SPRINGS
APPROVED BY:
David H. Ready, City Ma
David J. Barakian, Director of Public Works/City Engineer
ATTESTED BY: APPRO D AS TO FORM:
)2s�Thompson, City Clerk Dougl s Holland, City Attorney
SUBCONTRACTOR SERVICES AGREEMENT
This AGREEMENT, made and entered into this _\Aay of WANg 2011, by and
between Agua Caliente Band of Cahuilla Indians, a federal ly-recoo ized Indian Tribal
Government ("TRIBAL GOVERNMENT"), with offices at 5401 Dinah Shore Drive, Palm
Springs, California, 92264 and the City of Palm Springs ("SUBCONTRACTOR"), a
municipal corporation, with its offices at 3200 East Tahquitz Canyon Way, Palm
Springs, CA 92262.
1. Scope of Work
1.1 SUBCONTRACTOR is to furnish services as outlined in Exhibit 'A," attached
hereto, to the TRIBAL GOVERNMENT.
1.2 SUBCONTRACTOR shall be an independent contractor and is responsible for
the manner, means, methods, materials, licenses, permits, fees, employer's and
other taxes, royalties, health and safety precautions, workers' compensation
policy, and other conditions and qualifications necessary to perform the services
and achieve the results required to professionally and competently furnish and
complete the services outlined in Exhibit "A" hereto. SUBCONTRACTOR shall
not be deemed an agent for, or engaged in a joint venture with, the TRIBAL
GOVERNMENT.
2. Performance Standards and Other Conditions
2.1 All work performed by SUBCONTRACTOR shall be performed in accordance
with industry practices and professional standards for similar professional
consulting services. SUBCONTRACTOR agrees that it will retain the services of,
at its own expense, all personnel reasonably necessary to timely and
competently perform the services required by this AGREEMENT. All work
required, and to be performed hereunder, shall be performed by fully qualified
personnel and such personnel shall be authorized and licensed under applicable
Tribal, federal and state laws to perform such work.
2.2 In addition to personnel employed directly by SUBCONTRACTOR,
SUBCONTRACTOR shall have the right to engage such subcontractors as it
may deem appropriate, qualified and reasonably necessary to the performance
of its services hereunder with the prior written approval of the TRIBAL
GOVERNMENT, which shall not be unreasonably withheld.
2.3 SUBCONTRACTOR shall schedule and perform its work with due diligence and
in character, sequence and timing so that it will be coordinated with that of the
TRIBAL GOVERNMENT.
2.4 SUBCONTRACTOR shall not be liable for any delays or other non-performance
resulting from circumstances or causes beyond its reasonable control, including
7523331 1 ORIGIN"
ANDIDR AGREEMEN
without limitation, fire or other casualty, Act of God, strike or labor dispute, war or
other violence, acts of third parties, or any law, order, or requirement of any
governmental agency or authority.
3. Compensation
3.1 SUBCONTRACTOR shall be fully compensated for SUBCONTRACTOR'S and
its subcontractors' services provided under this AGREEMENT by the payment of
the sums set forth in Exhibit "A" hereto.
3.2 The compensation paid to SUBCONTRACTOR shall be considered as payment
in full for the work product provided to TRIBAL GOVERNMENT under this
AGREEMENT.
4. Payments
4.1 Between the 1 st and the 10th of each month, SUBCONTRACTOR shall submit
invoices to the TRIBAL GOVERNMENT for payment of services provided during
the previous month.
4.2 Invoices for services are subject to approval of and full audit by the TRIBAL
GOVERNMENT.
4.3 The TRIBAL GOVERNMENT will pay the SUBCONTRACTOR's proper invoices
within 15 days of receipt.
5. Additional Work
5.1 From time to time, the TRIBAL GOVERNMENT may change, alter or modify the
scope of work provided by SUBCONTRACTOR under this AGREEMENT,
provided that City is compensated for all work performed prior to alteration or
modification of the scope of work.
6. Term and Termination
6.1 This AGREEMENT shall remain valid until such time as the services outlined in
Exhibit "A" are completed, unless sooner terminated in accordance with the
terms hereof.
6.2 The TRIBAL GOVERNMENT or SUBCONTRACTOR may each terminate this
AGREEMENT at any time upon breach of this AGREEMENT by the non-
terminating party, provided that the terminating party provides the other party at
least thirty (30) days written notice of such termination.
6.3 In the event of such termination, the TRIBAL GOVERNMENT's sole liability will
be to pay SUBCONTRACTOR for work performed up to the date of termination in
accordance with the terms of this AGREEMENT.
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6.4 In the event of such termination, the SUBCONTRACTOR shall immediately
deliver all completed work product and all work-in-progress to the TRIBAL
GOVERNMENT. No closeout payments shall be payable to SUBCONTRACTOR
until all such deliveries are completed.
6.5 In the event of termination, there shall be no liability on the part of either party
hereto for lost revenues or lost profit for unperformed services.
7. Special Provisions
7.1 SUBCONTRACTOR shall be responsible for complying with all applicable Indian
Reservation Roads (IRR) and Federal Acquisition Regulations including, but not
limited to, Davis Bacon Act provisions.
8. Records
8.1 Records of SUBCONTRACTOR's direct and indirect labor costs, payroll costs,
and each reimbursable expense pertaining to work performed hereunder will be
kept by SUBCONTRACTOR in a generally recognized accounting format, copies
of which shall be forwarded as supporting documentation for all invoices
submitted to the TRIBAL GOVERNMENT.
8.2 SUBCONTRACTOR shall maintain all records pertaining to the Scope of Work in
legible and useable form. Original records shall be retained by
SUBCONTRACTOR or forwarded to the TRIBAL GOVERNMENT in accordance
with any applicable Tribal, state and federal guidelines.
8.3 All designs, as built drawings, specifications, notes, and other work developed in
the performance of this AGREEMENT shall be and remain the joint property of
the TRIBAL GOVERNMENT and SUBCONTRACTOR and may be used on any
other work without additional compensation under this AGREEMENT. The
TRIBAL GOVERNMENT and SUBCONTRACTOR reserve a royalty-free,
nonexclusive, and irrevocable license to produce, publish, or otherwise use, for
general purposes, the copyright or any other intellectual property right in any
work developed under this AGREEMENT, or a subcontract under this
AGREEMENT, and any rights of copyright or any other intellectual property right
which the SUBCONTRACTOR, or its subcontractors, under this AGREEMENT
purchases through this AGREEMENT.
8.4 SUBCONTRACTOR shall provide a report on a Quarterly Basis, not later than
five (5) days after the end of each calendar quarter, which contains the following
information:
8.4.1 the total amount of funds received from the TRIBAL GOVERNMENT; and
8.4.2 a detailed list of all activities for which IRR funds were expended,
including: the name of the activity, a description of the activity, an
evaluation of the completion status of the services outlined in Exhibit "A."
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9. Insurance
9.1 After the execution of this AGREEMENT, SUBCONTRACTOR, and any
subcontractor of the SUBCONTRACTOR, shall furnish the TRIBAL
GOVERNMENT with copies of insurance policies (reflecting that they have
obtained insurance) in the amounts and of the types specified in Exhibit "B"
hereto.
10. Indemnification
10.1 SUBCONTRACTOR hereby agrees to fully defend, indemnify and hold the
TRIBAL GOVERNMENT harmless from and against any and all claims, suits,
actions, damages, loss, liability or costs of every nature or description (including
reasonable attorney fees) arising from, or in any way attributable to or related to
the negligence or willful misconduct of SUBCONTRACTOR hereunder, including
SUBCONTRACTOR's officers, employees, agents, principals, shareholders,
directors, and subcontractors.
10.2 TRIBAL GOVERNMENT hereby agrees to fully defend, indemnify and hold the
SUBCONTRACTOR harmless from and against any and all claims, suits,
actions, damages, loss, liability or costs of every nature or description (including
reasonable attorney fees) arising from, or in any way attributable to or related to
the negligence or willful misconduct of TRIBAL GOVERNMENT hereunder,
including TRIBAL GOVERNMENT'S officers, employees, agents, principals,
shareholders, and directors.
11. Successors and Assigns
11.1 SUBCONTRACTOR hereby binds itself, its successors, executors,
administrators, assigns and legal representatives to this AGREEMENT with
respect to all covenants and obligations of SUBCONTRACTOR under this
AGREEMENT.
11.2 Except as set forth in this AGREEMENT, SUBCONTRACTOR shall not assign,
sublet, or transfer any rights under, or interest in, this AGREEMENT without the
prior written consent of the TRIBAL GOVERNMENT.
12. Entirety
12.1 This AGREEMENT and attachments hereto constitute the entire AGREEMENT
between the parties hereto with respect to the subject matter hereof. No
amendment or modification to this AGREEMENT shall be effective unless in
writing and executed by both parties.
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13. Damages
13.1 Except as set forth in this AGREEMENT, neither party shall be liable to the other,
in any event, for any special or incidental damages arising out of the work
performed hereunder, whether arising in contract, tort, California statutes or
otherwise.
14. Default and Enforcement
14.1 This AGREEMENT is to be governed by federal law.
14.2 Failure or delay by any party to this AGREEMENT to perform any material term
or provision of this AGREEMENT shall constitute a default under this
AGREEMENT; provided however, that if the party who is otherwise claimed to be
in default by the other party commences to cure, correct or remedy the alleged
default within fifteen (15) calendar days after receipt of written notice specifying
such default and shall diligently complete such cure, correction or remedy, such
party shall not be deemed to be in default hereunder.
14.3 The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such
notice shall not constitute a waiver of any default nor shall it change the time of
default; provided, however, the injured party shall have no right to exercise any
remedy for a default hereunder without delivering the written default notice, as
specified herein.
14.4 Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies
associated with a default.
14.5 In the event that a default of any party to this AGREEMENT may remain uncured
for more than fifteen (15) calendar days following written notice, as provided
above, a "breach" shall be deemed to have occurred. In the event of a breach,
the injured party shall be entitled to seek any appropriate remedy or damages by
initiating legal proceedings.
15. Miscellaneous
15.1 Whenever notice is required to be given herein, such notice shall be deemed
given when mailed to the party to be notified via certified mail, return receipt
requested, or by overnight delivery, at the address first written above, or at such
other address as the party may, by written notice, provide to the other.
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed as of the date first written above.
AGUA C ENTE BAND OF CAHUILLA INDIANS
A R Y: ,
Thom s J. Davis, Chief Planning & Development Officer
APPROVED AS TO FORM:
Michelle Carr, Tribal Counsel
CITY OF PALM SPRINGS
APPROVED BY: APPROVED BY CITY COUT,211-
David H: Ready, alter
ATTESTED BY:
ames Thormp�son, City Clerk
APPROVED AS TO FORM:
xy
-- ouglas Holland, City Attorney
75?833A 6
EXHIBIT "A"
SCOPE OF WORK
The City of Palm Springs will construct the Belardo Road Bridge and Roadway Project,
Federal Aid Project No. PLHL-5282(020), City Project No. 87-49. The project is
generally described in the final adopted environmental document as follows:
The proposed project would construct a two-lane bridge on Belardo Road in Palm
Springs over the Tahquitz Creek Channel, connect the noncontiguous sections of
Belardo Road between Mesquite Avenue and Sunny Dunes Road, and widen the
roadway as necessary from just west of South Palm Canyon Road to just north of
Sunny Dunes Road to create a uniform roadway width.
All work will be performed in accordance with the plans and specifications approved by
the City in May 2011, and the City shall facilitate the bidding, construction contract, and
construction engineering (inspection, materials testing and oversight) of the project.
The City shall provide all labor, materials, and equipment necessary for construction of
the project.
COMPENSATION
The attached preliminary estimate identifies the final engineer's detail estimate for
construction of this project, including construction engineering and contingencies. The
bid items and quantities identified on the detail estimate are subject to change during
construction. As indicated on the attached preliminary estimate, the total construction
phase of this project is estimated to cost $4,351,942. The City shall apply its federal
Public Lands Highways Discretionary ("PLHD") funds to construction contract costs.
The total PLHD funds available are $2,325,194. The balance of construction phase
costs not covered by the City's PLHD funds is estimated at$2,026,748.
The maximum funds available for reimbursement pursuant to this Agreement are
$2,035,362.
TERM
The term of this contract shall commence upon its execution and shall extend through
completion of the construction phase of this project. The following schedule is the
estimated time for completion of this project, which is subject to change:
Bidding: May/June 2011
Bid Opening: June 21, 2011
Contract Award: July 6, 2011
Start Construction: September 1, 2011
End Construction: April 1, 2012
Project Close-Out: May 1, 2012
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Detail Estimate
Page 1
DETAIL ESTIMATE
Participating Item Estimate
Federal Aid Cade 4130
Item
No. Item Description Unit Quantity Unit Price Amount
1 MOBILIZATION LS 1 00 $153.000 00 $ 153.000 00
2 TRAFFIC CONTROL LS 100 $14 000 00 $ 14,000 00
3 STORM WATER POLLUTION CONTROL MEASURES LS 1 00 $21.000 00 $ 21,000 00
4 AIR QUALITY AND DUST CONTROL MEASURES LS 100 $21.000 00 $ 21.000,00
5 CULTURAL RESOURCES MITIGATION MEASURES LS 100 $100,000 00 $ 100.000 00
6 BIOLOGICAL MITIGATION MEASURES LS 100 $18,000 00 $ 18,000 00
7 TEMPORARY FENCE(ESA) LF 4 250 00 $5 00 $ 21,250 00
8 CLEARING GRUBBING AND MISCELLANEOUS REMOVALS LS 100 $17,500 00 $ 17,500 00
9 REMOVE EXISTING A C PAVEMENT SF 27 070 00 $0 50 $ 13,535 00
10 REMOVE EXISTING CURB LF 2.34500 $4 00 $ 9,38000
11 REMOVE EXISTING SIDEWALK SF 8.69500 $2 00 $ 17 390 00
12 COLD PLANE EXISTING A C PAVEMENT(0 15'MAX i SY 85000 $3 00 $ 2.55000
13 ROADWAY EXCAVATION CY 3 500 00 $20 00 $ 70,000 00
14 ROCK EXCAVATION CY 1,50000 $50 00 $ 75,000 00
15 STRUCTURE EXCAVATION(BRIDGE) CY 27200 $200 00 $ 54,400 00
16 STRUCTURE EXCAVATION iROCK SLOPE PROTECTION) CY 92900 $200 00 $ 185.300 00
17 STRUCTURE EXCAVATION(RETAINING WALL) CY 31000 $2 00 00 $ 62,000 00
18 STRUCTURE BACKFILL(BRIDGE) CY 22000 $75 00 $ 16,500 00
19 STRUCTURE BACKFILL(RETAINING WALL) CY 50000 $75 00 $ 37,500 00
20 LEAN CONCRETE BACKFILL CY 4400 $200 00 $ 8.80000
21 IMPORTED BORROW CY 10 000 00 $15 00 $ 150.000 00
22 CLASS 2 AGGREGATE BASE CY 2.99000 $50 00 $ 149.500 00
23 SLURRY SEAL TON 7000 $150 00 $ 10,500 00
24 HOT MIX ASPHALT(TYPE A) TON 2.44500 $100 00 $ 244.500 00
25 PRE-STRESSING CAST-IN-PLACE CONCRETE LS 100 $80 000 00 $ 80,000 00
26 STRUCTURAL CONCRETE tBRIDGE FOOTING) CY 6500 $600 00 $ 39 000 00
27 STRUCTURAL CONCRETE(BRIDGE) CY 49900 $900 00 $ 449.100 00
28 STRUCTURAL CONCRETE(RETAINING WALL) CY 22500 $650 00 $ 146.250 00
29 ARCHITECTURAL TREATMENT(RETAINING WALL) SF 1,44000 $15 00 $ 21,600 00
30 STRUCTURAL CONCRETE,APPROACH SLAB(TYPE EQ) CY 3000 $600 00 $ 18,000 00
31 MINOR CONCRETE IMINOR STRUCTURE) CY 2800 $1 200 00 $ 33 600 00
32 MINOR CONCRETE iHEADWALL) CY 1300 $1,200 00 $ 15 600 00
33 JOINT SEAL(TYPE&MR 1") LF 10500 $25 00 $ 2.62500
34 BAR REINFORCING STEEL LB 2 132 00 $1 00 $ 2,132 00
35 BAR REINFORCING STEEL(BRIDGE) LB 91,641 00 $2 00 $ 183,282 00
36 BAR REINFORCING STEEL)RETAINING WALL) LB 13,500 00 $1 00 $ 13,500 00
37 18"REINFORCED CONCRETE PIPE LF 9900 $250 00 $ 24,750 00
38 24"REINFORCED CONCRETE PIPE LF 238,00 $275 00 $ 65,450 00
39 36"REINFORCED CONCRETE PIPE LF 6700 $400 00 $ 26,800 00
40 42"REINFORCED CONCRETE PIPE LF 7400 $400 00 $ 29,600 00
41 12"WELDED STEEL PIPE i0 250"THICK) LF 9800 $200 00 $ 19.600,00
42 ROCK SLOPE PROTECTION t112 TON,METHOD 8) CY 6800 $150 00 $ 10,200 00
43 ROCK SLOPE PROTECTION tFACING,METHOD B) CY 106,00 $150 00 $ 15,900 00
44 ROCK SLOPE PROTECTION(BACKING NO 1 METHOD Bi CY 178,00 $150 00 $ 26,700 00
45 CONCRETED-ROCK SLOPE PROTECTION(1,2 TON METHOD 8) CY 71500 $100 00 $ 71 500 00
46 ROCK SLOPE PROTECTION FABRIC) SY 66300 $7 00 $ 4.64100
47 MINOR CONCRETE(CROSS-GUTTER) CY 6600 $450 00 $ 29,700 00
48 MINOR CONCRETE tCURB AND GUTTER) LF 6 050 00 $10 00 $ 60,500 00
49 MINOR CONCRETE iSIDEWALK) SF 31,540 00 $4 00 $ 126.160 00
50 MISCELLANEOUS METAL(BRIDGE) LB 1,00600 $15 00 $ 15,090 00
51 PICKET RAILING LF 53600 $40 00 $ 21,440 00
52 CONCRETE BARRIER tTYPE 26) LF 22400 $400 00 $ 89,600 00
53 ARCHITECTURAL TREATMENT(BRIDGE) LS 100 $40.000 00 $ 40 000 00
54 CONSTRUCT 6'CHAIN LINK FENCE LF 16800 $15,00 $ 2 520 00
55 CONSTRUCT CHAIN LINK GATE(W=16') EA 400 $1.200,00 $ 4 800 00
56 ADJUST WATER VALVE TO GRADE EA 800 $325 00 $ 2.60000
57 ADJUST SEWER MANHOLE TO GRADE EA 200 $1,400 00 $ 2.800,00
58 BRIDGE LIGHTING SYSTEM LS 1 00 $20,000 00 $ 20,000 00
59 TRAFFIC STRIPING,SIGNAGE AND MARKINGS LS 100 $20 000 00 $ 20,000 00
60 FEDERAL TRAINEE PROGRAM LS 100 $4,000 00 $ 4,00000
Subtotal Contract Items 1-60 Improv Type 01,08 $ 3,212,145.00
Agency I State Furnished Materials $ 000
Force Account(Emergency Opening) $ 000
Total $ 3.212.145 00
Contingencies(Including supplemental work) 10 0% $ 321,215 00
Construction Total $ 3.533.360,00
Construction Engineering 15 0% $ 530.004 00
PARTICIPATING SUB-TOTAL COST $ 4,063,364.00
Detail Estimate
(Continued)
Page 2
DETAIL ESTIMATE,Continued
Non-Participating Item Estimate
Federal Aid Code 4130
Item
No. Item Description Unit Quantity Unit Price Amount
61 MOBILIZATION LS 1 00 $11.000 00 $ 11.000 00
62 TRAFFIC CONTROL LS 100 $6,000 00 $ 6.00000
63 STORM WATER POLLUTION CONTROL MEASURES LS 100 $9,000 00 $ 9,00000
64 AIR QUALITY AND DUST CONTROL MEASURES LS 1 00 $9 000 00 $ 9,00000
65 BIOLOGICAL MITIGATION MEASURES LS 1 00 $2.000 00 $ 2,00000
66 TEMPORARY FENCE iESAi LF 1.06000 $5 00 $ 5 300 00
67 CLEARING,GRUBBING AND MISCELLANEOUS REMOVALS LS 100 $2,500 00 $ 2 500 00
68 REMOVE EXISTING A C PAVEMENT SF 22,650 00 $0 50 $ 11,325 00
69 COLD PLANE EXISTING A C PAVEMENT(0 15'MAXI SY 3,850 00 $3 00 $ 11 550 00
70 ROADWAY EXCAVATION CY 42000 $20 00 $ 8 400 00
71 IMPORTED BORROW CY 1 00000 $15 00 $ 15 000 00
72 CLASS 2 AGGREGATE BASE CY 52000 $50 00 $ 26 000 00
73 SLURRY SEAL TON 7000 $150 00 $ 10,500 00
74 HOT MIX ASPHALT(TYPE B) TON 81500 $100 00 $ 81 50000
75 MINOR CONCRETE(CURB AND GUTTER) LF 1 20500 $10 00 $ 12 050 00
76 TRAFFIC STRIPING,SIGNAGE AND MARKINGS LS 1 00 $7,000 00 $ 7.00000
Subtotal Contract Items 61-76 $ 228,125.00
Agency;State Furnished Materials $ 000
Force Account(Emergency Opening) $ 000
Total $ 228,12500
Contingencies(Including supplemental work) 10 0% $ 22,813 00
Construction Total $ 250.938 00
Construction Engineering 15 046 $ 37 641 00
NON-PARTICIPATING SUBTOTAL COST $ 288.579,00
Subtotal Contract Items 1-76 $ 3,440,270A0
Agency I State Furnished Materials $ 000
Force Account(Emergency Opening $ 000
Total $ 3 440.270 00
Contingencies(Including supplemental work) 10 0% $ 344 027 00
Construction Total $ 3.784.297 00
Construction Engineering 15 0% $ 567.645 00
TOTAL COST $ 4,351,942.00
EXHIBIT B
INSURANCE
1.1 Overview. In an effort to standardize the TRIBAL GOVERNMENT's insurance program
and coordinate insurance of subcontractors with the TRIBAL GOVERNMENT's program,
the following are the requirements for SUBCONTRACTOR insurance coverage.
1.1.1 Liability Coverage. SUBCONTRACTOR, at the SUBCONTRACTOR's sole
expense, shall obtain and pay for, and at all times maintain in full force and effect
a Five Million Dollar ($5,000,000) combined single limit per occurrence, and a
Five Million Dollar ($5,000,000) combined single limit aggregate, Commercial
General Liability policy. Such policy shall insure against any and all losses
arising out of, or in connection with the operations of the SUBCONTRACTOR.
Such coverage shall also provide products and completed operations coverage.
1.1.2 Automobile Insurance. SUBCONTRACTOR, at the SUBCONTRACTOR's sole
expense, shall obtain and pay for, and at all times maintain in full force and effect
a One Million Dollar ($1,000,000) combined single limit per occurrence
automobile liability policy. Such policy shall include coverage for non-owned and
hired car coverage.
1.1.3 Worker's Compensation. SUBCONTRACTOR, at the SUBCONTRACTOR's sole
expense, shall obtain and pay for, and at all times maintain in full force and
effect, a worker's compensation policy in the statutory amount. Such coverage
shall provide employer's liability of at least One Million Dollars ($1,000,000) and
include a waiver of subrogation in favor of the Agua Caliente Band of Cahuilla
Indians.
1.2 Common Provisions.
1.2.1 Certificates. Certificates of insurance shall be provided to the TRIBAL
GOVERNMENT's Risk Manager at the following address:
Agua Caliente Band of Cahuilla Indians
c/o F.T. Kieley III, Risk Management Consultant
P.O.Box 3275
Palm Springs, CA 92263-3275
Voice: (760) 327-9160 Fax: (760) 327-6450
1.2.2 Additional Named Insured Endorsements. The policies shall name the Agua
Caliente Band of Cahuilla Indians, its employees and agents as additional named
insureds.
1.2.3 Cancellation Provisions. Policies shall not be canceled or modified without at
least thirty (30) days prior written notice, except for ten (10) days' notice of
cancellation due to non-payment.
1.2.4 Suitability of Companies. All such coverage shall be written by admitted carrier
in the State of California with a "Best's" insurance rating of A, Class X or better.
1.2.5 Primacy. All such coverage shall be primary insurance, and any insurance or
self insurance programs of the Agua Caliente Band of Cahuilla Indians shall be
non-contributing.
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