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HomeMy WebLinkAbout05939 - O2 ARCHITECTURE DESIGN OF LIGHTING OF RAINMAKER FOUNTAIN AT FRANCES STEVENS PARK Kathie Hart From: Diana Shay Sent: Monday, October 27, 2014 8:07 AM Kathie Hart Subject: RE:A5939-02 Architecture Definitely-that was a long time ago done! \ 2)&104 S �� Redevelopment Coordinator City of Palm Springs 760-323-8260 From: Kathie Hart Sent: Thursday, October 23, 2014 7:46 PM To: Diana Shay Subject: A5939 - o2 Architecture This was for the Rainmaker Light Design. Ok to close out this agreement file? Kathie Hart, MMC Chief Deputy City Clerk City of Palm Springs 2!�(760)323-8206 3200 E. Tahquitz Conyon Way 8(760)322-8332 Palm Springs, CA 92262 �Kathie.Hart�PalmSarinosCR.aov Please note that City Hall is open 8 a.m. to 6 pm,. Monday through Thursday,and closed on Fridays at this time. ININ 1 CONSULTING SERVICES AGREEMENT (62 Architecture--Design of Lighting of the Rainmaker Fountain at Frances Stevens Park) THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this 10 day of February 2010, by and between the City of Patin Springs, a California charter city and municipal corporation ("City"), and o2 Architecture an Architectural Design Consultant, ("Consultant"). RECITALS A- City requires the services of an Architectural Design Consultant, for the design of an exterior lighting plan for the Rainmaker Fountain at the northeast corner of Alejo Drive and North Palm Canyon Drive within Frances Stevens Park in Palm Springs, ("Project"). B. Consultant has submitted to City a proposal to provide architectural lighting design services, to City pursuant to the terns of this Agreement. C. Based on its experience, education, training, and reputation, Consultant 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 Consultant for the Project- NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, 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 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide architectural lighting design services to 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 dre 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. 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. Revised:3/23/07 5076392 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 according to the agreed upon schedule of performance set forth in Exhibit "A." 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 52,500.00. 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 City in the fonn approved by 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. City shall pay Consultant for all expenses stated thereon, which are approved by 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 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 Consultant'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. 2 Revised,3123/07 507639.2 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forum 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 for a period of three months, commencing on February 10, 2010, and ending on May 10, 2010, 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: Lance O'Donnell, AIA, Principal. 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 tern 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. 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 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 Consultant, its principals and employees, were a substantial inducement for 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 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. 3 Revised:3123107 507639.2 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perforn the services required herein, except as otherwise set (orllr herein. Consultant 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 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 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, 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: Lance O'Donnell Principal 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 City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, clairms, 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 darnage 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 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. 4 Revised:3123107 507639 2 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 City and shall be delivered to 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 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 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 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 City shall be deemed to waive or render unnecessary City"s consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must g Revised 3123/07 507E39± 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. 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 tennination 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 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 Consultant, 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 Consultant or its successor, or for breach of any obligation of the terns 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, dernand, 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 firorn the time of mailing if mailed as provided in this Section. G Revised 3/23/07 5076392 To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Patin Springs, California 92262 To Consultant: o2 Architecture 1089 North Palm Canyon Drive, Suite B Palm Springs, California 92262 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 Severabil�. 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. [SIGNATURE PAGE SEPARATELY ATTACHED] 7 Revised:3/23)07 5076392 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: `� —(�r By:�� � r— Tom Wilson Assistant City Zager APPROVED AS TO FORM: ATTEST By: By: = - Do las C. and, es Thompson, C' Attorney City Clerk ' "CONSULTANT" o2 Architecture Date: i Lance c�7'7] . e11, ATA, Principal Date: By : Secretary tam S RGvi8cd 3)23/07 507639 2 , . , � 1' i. CALIFORNIA ALLrPURPOSE ACKNOWLEDGMENT i.,`^c�'Zkk"`^.�ewx's."mturs: e-�, .sr• . n rb.>-G-. •c a -�cN State Of Cailfomla l County of J} On before me, pipe H[t[Inxx{Nome wG/hoot tic AI'� personally appeared who provad to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies),and that by hislner/their signatut`e(s) on the instrument the person(s), or the entity upon behalf of which She petson(s)acted,executed the instrument- I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official soai• Signature vluy nttary 5•w{Aopm F aam a Wo{ery i'�h".-. OPT70NAL 771augh Pre Inlormaa'on below is not rogwrad by raw;It moy prova valuabie to porwas relylna on the document end cautd prevent haudulani romol al and rwtfedrru+M of 111+s fo:m 10 an&tmr dMmrent. Description of Attached Document Title or Type of 0ceumerd: Qdcumant Date: Number of Pages: Slgncr(s)Mar Than Named Ahovb: Capacity(ies)Claimed by Sfgncr(s) Signer's Name: Signers Name: — ❑ Individual 71 individual ❑ Corporate Officer—Tille(s): ❑Corporate Officer—Titlu(s): J Par'ner—D Umited ❑General _ --- ❑Partner-0 Limited ❑General - ❑ Attorney in Fact • • - CJ Attorney In Fact r • - tJ -i'r @ top of NumO nef 11Truszee top of llwrA ham ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other: Signer Is Representing; Signer Is Represanting- 9icm rvxAefolPJoary A45oLiilA]n-b9ytf�5om At�f:D.Em:FA2rgrtnN;qrl{CA&19132;1f`-ururuNaYul•e1.Vod{YcrO 1km M:50'T Ra„dal.Callfil.l'2ctaoo-(a7<{,�Y 9 Revised 3/23107 5076392 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 10 Revised:3123/07 507639 2 February 09, 2010 Ms. Diana Shay 108E N.Palm Canyon Br. Community and Economic Development Department Suite B City of Palm Springs Palm Springs,CA 922G2 3200 E.Tahquitz Canyon Way 760 40G 794E rAx P.O. Box 2743 Palm Springs, CA 92263-2743 rnvw.o2arch.com RE: Proposal for Public Art Lighting Project(Revised) "Rain Maker Fountain" o2 Architecture("oZ) Project No, 05.OP.10 Dear Diana: The attached agreement is for professional architectural services necessary to design and specify Electric Lighting for the Rain Maker fountain. We look forward to working closely with you, City Staff and the community to create an economically viable and visually dynamic plan. Best Regards, a Lance C. O'Donnell,AIA o2 Architecture o2 Proposal 1 February 09, 2010 0 / ,ArGhItBCtUIB Ms. Diana Shay 1D89 H.Palm Canyon Dr- Suite D Community and Economic Development Department Palm Springs,CA 02262 City of Palm Springs 798 77a 81GS TEL 3200 E. Tahquitz Canyon Way 760406 7846 FAI P.O. Box 2743 www.u2arch.com Palm Springs, CA 92263-2743 RE: Proposal for Public Art Lighting Project(Revised) "Rain Maker Fountain" o2 Architecture("oZ') Project No. 05.OP 10 Dear Diana: We are pleased to submit this proposal to provide professional lighting design services for the Palm Springs Rain Maker fountain, Palm Springs, California. We have based the fee on our understanding of the project as stated below. The scope of work can generally be described as follows: 1.0 Understanding of Project Scope Our understanding of the project scope is for the City ("The Owner") to electrically light the Rain Maker fountain for nighttime ambiance and dynamic effect. Our services will explore up lighting and/or down lighting, cost of systems and fixture specifications. 2.0 Lighting Design Services With the intention of obtaining approvals from all stakeholders our services during this phase of the project includes the fallowing: 2.1 Develop illustrated Lighting Plans showing location, illumination and relationship of all fixtures. 2.2 Develop Specifications for all proposed fixtures. City staff to provide site plan, fountain plans and "others"shall provide, if required, electrical load calculations, circuiting and "single-line"diagrams. 2-33—A#end-and-present-design-as-rega+red,—to-C*Beardsand-Commissions 3.0 Professional Fee 3.1 o2 will provide the following, Lighting Design and Specification Services, items 1.0 through 2.3 at an hourly rate not to exceed $3,500-08$2,500.00 Twenty Five Hundred Dollars(See 3.1.1 below for o2's 2010 hourly rates). 3.1.1 Hourly Rates: based upon our 2010 Billing Rates, as follows: Principal Architect $180/hr Senior Designer/Project Manager $140/hr o2 Proposal 2 Sr.Technical Staff $90/hr Intermediate Technical Staff $75/hr Technical Staff $55/hr Clerical Staff $50/hr 32 Reimbursable Expenses 3.2.1 The following costs are excluded from the above fee proposal and will be billed at cost plus ten percent(10%). 3.2.1.1 Reproduction 3.2.1.2 Postage and Delivery Costs 3.2.1.3 Phone, FAX and Electronic Communications We trust the above information and proposal meets with your approval. For o2 to begin work, would you kindly sign this document below as indicated, and return a copy to our office. Once received,we will schedule the work. Best Regards, APPROVED AND ACCEPTED: L nce C. O'Donnell By: d� ag - o2 Architecture Date: o2 Proposal 3 Page 1 of 1 Diana Shay From: Lance O'Donnell [lance@o2arch.com) Sent: Friday, February 19, 2010 2:55 PIA To: Diana Shay Cc: Regina Subject: Schedule Diana, please find Schedule of Performance dates below: 1). Notice to Proceed: March 2010 2). Kick-off meeting with Parks/Rec and Staff on site: March 2010 2). Completion of Preliminary Up-light/Down-light Concepts: 2 weeks after Kick-off 2). Revisions to City selected Design and hand off of Deliverables(Plan, Sections and Specification):2 weeks after city selection of Preliminary Concept 2). Project Closeout and Construction Observations: T6D Kindly let me know if I missed anything. Best Regards, Lance C. O'Donnell, AIA o2 Architecture 1089 N. Palm Canyon Drive, Suite B Palm Springs, CA 92262 lance@o2arch.com 760.778.8165 p. 760.406.7946 f. 3/1/2010 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) 1 Revised:3123107 507619,2 Page 1 of 1 Diana Shay From: Diego Santana Sent. Tuesday, February 16, 2010 328 PM To: Diana Shay Cc: Kathie Hart Subject: PS: Rainmaker Fountain Consultant Agreement Diana, This will confirm our conversation and my review wherein I have approved a One Million Dollar aggregate limit instead of the standard Two Million for Professional Liability/Errors &Omissions coverage based on the overall dollar amount of the contract and the inherent risk(or lack thereof) in the work involved. Diego Diego Santana, Esq. Assistant City Attorney CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 (760) 323-8211 Diego.Santana@palmsprings-ca.gov 3/1/2010 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 tern of this Agreement, including any extension thereof, and shall not be cancelable without thirty(30) days advance written notice to 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 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 City, its elected officials, officers, agents, employees, and volunteers. A. Minimum Scope of Insurance. The minimum arnount 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 one million dollars ($1,000,000) annual aggregate; and, 4. Workers' Compensation insurance in the statutory amormt 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 City and its respective elected officials, officers, employees, agents, and volunteers_ Any insurance or self-insurance maintained by 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 City, its elected officials, officers, employees, agents, and volunteers. 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 12 Revised:312N07 507639.2 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 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 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. 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 Ornissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Fom-i 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 workper formed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the Cite may have..." ("as respects City of Palm Springs ContractNa. " 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 City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. 13 Revised:3123107 507639.2 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 agentfbroker 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_ CertiCcates 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)_ "I7iis 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. 1¢ Revised:3f23l07 5076392