HomeMy WebLinkAbout05933 - DATELAND CONSTRUCTION CO EMERGENCY REPAIRS TO VISTA CHINO THROUGH THE WHITEWATER RIVER City Council ACTION SUMMARY
January 6, 2010
Page 4
outs" on the steel columns; 2) Authorize staff to advertise and solicit bids; 3)
Approve the list of pre-qualified general contractors for bidding the project; and 4)
Defer Engineering Condition of Approval Item 24, Planning Commission (Case
No. 3.3369-MAJ), to underground utilities on Mesquite Avenue until a future
assessment district is formed. Motion Councilmember Weigel, seconded by
Mayor Pro Tem Hutcheson and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tem
Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
2.H. RATIFICATION OF EMERGENCY REPAIRS TO VISTA CHINO:
ACTION: 1) Confirm the City Manager's declaration of a public emergency and
threat to public health, welfare, and safety related to flooding on Vista Chino
_ through the Whitewater River on December 13, 2009; 2) Ratify the City
Manager's authorization of a purchase order issued to Dateland Construction,
Co., in the amount of $178,351, for emergency repairs to Vista Chino through the
Whitewater River; and 3) Approve an agreement with Dateland Construction Co.,
in the amount of $178,351 for the emergency storm cleanup, asphalt repair, and
replacement on Vista Chino through the Whitewater River Crossing; and 4)
Authorize the City Manager to execute all necessary documents.,A5933. Motion
Mayor Pro Tem Hutcheson, seconded by Councilmember Weigel and
unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tem
0 Hutcheson, and Mayor Pougnet.
NOES:
None-ABSENT: Councilmember Foat.
�w 2.1. PALM SPRINGS STADIUM RE-ROOFING PROJECT (CP 08-23):
ACTION: 1) Terminate Agreement No. A5846 in the amount of $27,900.00 with
Anemos Enterprises, Inc., for the Palm Springs Stadium Re-Roofing Project (CP
08-23); and 2) Authorize re-bidding. A5846. Motion Councilmember Mills,
seconded by Mayor Pro Tem Hutcheson and unanimously carried 4-0 on a
roll call vote.
AYES: Councilmember Mills, Councilmember Weigel, Mayor Pro Tem
Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat.
2.J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID FOR THE FISCAL YEAR 2009-10 ANNUAL
SLURRY SEAL (CP 09-13):
ACTION: Approve the specifications and working details for the Fiscal Year
2009-10 Annual Slurry Seal (CP 09-13) and authorize staff to advertise and
CONTRACT SERVICES AGREEMENT
Emergency Storm Cleanup and Asphalt Repair& Replacement on
Vista Chino through the Wbitewater River Crossing
THIS AGR,�EMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into this
/Sday of , 20 o 9 by and between the City of Palm Springs, a California
charter city and municipal corporation ("City"), and Dateland Construction Company, a California
Corporation. ("Contractor").
RECITALS
A. City requires the services of a licensed construction Contractor for Emergency Storm Cleanup
and Asphalt Repair&Replacement of Vista Chino through the Wbitewater River Crossing("Project").
B. Contractor has submitted to City a proposal to provide Cleanup, Crackfill, Petromat Overlay,
Asphalt, Striping and Mobilization to City pursuant to the terns of this Agreement.
C. Based on its experienced 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 Cleanup, Craekfrll,Petromat Overlay, Asphalt, Striping and Mobilization services for Vista Chino
through the Whitewater River Crossing, 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 the schedule of fees. Contractor warrants that all sendces 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
Contractor in accordance with all applicable federal, state, and local laws, statutes and ordinances and all
lawful orders,roles, 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 negligence of
Contractor. Belays shall not entitle Contractor to any additional compensation regardless of the party
responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Comuensation 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$178,351.
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 hourly
rates as set forth in Exhibit "A" for authorized services performed. City shall pay Contractor foi 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 Chanzes. 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 tune 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 Four (4) Days, commencing on December 15,
2009, and ending December 18,2009,unless extended by mutual written agreement of the patties.
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: Evan Garber, Project Manager/
Estimator. 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 tenn 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, Marcus
Fuller, Assistant Director of Public Works/Assistant 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 A ainst 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
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 time 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.
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
perfonn 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 clairn for further employment or additional compensation as a result of the exercise by
City of its fall 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 Docuwcuts. 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 perfbirniug under this Agreement and
shall make such materials available at its offices at all reasonable tunes during the teen 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 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
pang
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 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 tenination, 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-DISCRIMINATIDN
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 Aiainst 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 PROWSIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires
or is required to give to the other party or any other person shall be in writing and either served personally or
sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by
notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-
two (72)hours from the time of mailing if mailed as provided in this Section.
To City: City of Palm Springs
Attention: Marcus Fuller
Assistant Director of Public Works/Assistant City Engineer
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Dateland Construction Company, Incorporated
Attention: Evan Garber, Project Manager, Estimator
83-801 Avenue 45
Indio, CA 92201
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 maybe amended at any time by the mutual consent of the parties
by an instrument in writing.
11.4 Severability. h1 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.
113 Authori _ 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 ilus
Agreement the parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURE PAGE SEPARATELY"ATTACHED]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
"CITY"
City of Palm Springs
Date: C5 t Z ZO 1 By r
David H. Ready
City Manager
APPROVED BY CITY CDUMCIL
Amp O'VED AS TO FORM. ATTEST
By. d By: W
Dough , C. Ho /homes Thompson,
Ci homey ( City Clerk
"CONTRACTOR"
Dateland Construction Company, Incorporated
Date: /cP �1ao9 By -
Jam Richert ------ - "
Pre, dent
Date:
i pson
Secretary
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CALIFORNIA ALL -PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On 2 before me, JoseFrna Vela "Notary Public",
(Daft,
Persona ly appeared 4
(n=e[s]of signer 1),
Who proved to me on qie basis of satisfactory evidence t be the person[s] whose
names]$(/are subscribed to the within instrument and acknowledged to me that
=>> 7they executed the same in-kisihEr/their authorized capacity(ies), and that by
Ili/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY wider the laws of the State of California that
the foregoing paragraph is true auxd comet].
WITNESS my hand and official seam.
Jo EFINA VELA
COMInk0on!171 209
MOhfY plble•coma
Rh�nMO tountyougly
Jo a Vela—Notary Public V/Cemn.6plw►Gb1'2012
NGI�'•t^Ilia Y'.'.-v ri.n.�a.n.
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EXHIBIT "A"
CONTRACTOR'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
EXHIBIT"A"
SCOPE OF SERVICES
COMPENSATION SCHEDULE
Contractor to provide cleanup, crack-fill, Petromat overlay, asphalt, striping and RPMs. All work and total cost
to be in accordance with Proposal and "Additional Work Email" received from Contractor-
Quantity/ Extended
Description Measurement Unit Cost Cost
Clean up the edges of road &provide in-street preparation 1 LS $ 7,400 $ 7,400
for paving.
Place Petromat Overlay and tack prior to capping pavement 124,800 SF $ 26 $ 32,448
Cap pavement with 2" asphalt 124,800 SF $ .86 $ 107,328
Replace in-kind all striping & RPM's 1 LS $ 15,500 $ 15,500
Mobilization 1 LS $ 1500 $ 1,500
Fill low spot with 8" asphalt 1 ...LS $ 7,935 $ 7,935
TOTAL COST $ 178,351
EXHXBZT "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)
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-parry 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.
1 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 Occurrencel$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.
2. Insurers must have a Best's rating of B+, Class Vfl, 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 Spring s 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 specific 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 specific 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 non-contributory 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 retum 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 Employee'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 agent/broker 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.
E. Acceptable Alternatives to Insurance IndustrV Certficates 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) clays 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 ENDE-rd11Q� MAIL 30 DAYS' WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN QUIT
4�X66RF=_T-Q-M 1I_-SI IQH NOTICE cunt I_IMPncc Nin nm irnTinni no
I,-IAW61T-Y—QF-ANY KIN-D lion_- T-HF_ 11SIS Rlik ITS AgF=NT-c nR
ocnoccr_r,�rnrn�rc
'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.
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 an.A++ 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 City's 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 —