HomeMy WebLinkAbout05863 - BRICKLEY CONSTRUCTION CO INC ENVIRONMENTAL REMEDIATION SVCS AT DESERT HIGHLAND UNITY CTR y
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Report: One Document Detail March 6,2012
Condition: Document Number a5863,
fe Description Approval Date Expiration Date Closed Date
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3 Environmental Remediation at JOJ Desert Highland Unity Center 0612512009 03/23/2010
Company Name: Brickley Environmental
Address: Mr.Tim Brickley,Project Manager, 957 Reece Street,San Bernardino,CA 92411
Contact: Mr.Brickley
Group: ENGINEERING Contract Amt. Total Paid Balance
Service: In File $12,825.00 $12,825.00
xRef: MARCUS FULLER (760)323-8160
Ins.Status: Certificate and Policies are OK
Document Tracking Items:
_ Due Completed Trackin0 Amount Amount
Code Item Description — Date Date Date Added Paid
under$5,000 Department Head may approve $3,150.00
001 Copied from Document:A5862,Company: 0710612009
Brickley Environmental
kdh Amend 1 to CM for sig distrib to Carrie R IN FILE 1012912009 1012712009
kdh per Carrie-keep open 0112712010
kdh Amend 1 to CA for sig 10/22/2009 $9,67�—
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END OFREPORT****** 0\,0n0
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AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 5863
WITH BRICKLEY ENVIRONMENTAL FOR
MICROBIAL GROWTH INVESTIGATION AND ABATEMENT
AT THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER(JOJ DHUC)
The following articles of Agreement No. 5863 are hereby amended as follows.
SECTION 3.1"Compensation of Consultant' - is hereby modified to: For the services rendered pursuant
to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the terms set
forth in the Scope of Services, in an amount not to exceed $12,825,
SCOPE OF SERVICES(Exhibit"A")-Please see attached revision sheet,for services added to scope and
increased contract total.
The intent of this Amendment#1 is to provide an additional $9,675 for additional Microbial Investigation
and Microbial Abatement,
Agreement Number: 5863
Original,:
City Engineer Approval: June 30, 2009
Contract Amount: $ 3,15D
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Amendment 91:
Amount of This Amendment#1: $ 9,675
Amended Contract Total: $ 12,825
Account Number(s): 540-5904-43096
SIGNATURES ON NEXT PAGE
-: 17
Brickley Environmental
Amendment No. 1
Page 2 of 3
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below.
"City"
CITY OF PALM SPRINGS
Date: 0° -C• G B
David H, Ready,C' anager
APPROVED AS TO FORM: ATTEST:
By: d BY
City tt ey City Clerk 6zfRW
Brickley Construction Company, Inc. dba
Brickley Environmental
957 West Recce Street
San Bernardino, CA 92411
By:
r24
Tim Brickley, Project Manager
�t`APPROVED BY CITY MANAGER
Brickley Environmental
Amendment No. 1
Page 3 of 3
Exhibit"A"
Scope of Services
ORIGINAL CONTRACT-SCOPE/COST:
At the completion of this project or as required, Consultant shall provide complete documentation i.e.
notification letters, waste manifest, certificate of insurance, supervisors daily logs, etc.
All regulated waste generated from this project shall be properly disposed of at an EPA, State or Local
Regulatory Agency approved disposal facility, utilizing the appropriate waste disposal manifest.
Owner to provide water and electric at job site. Consultant shall provide necessary connections.
AI mold work to be performed in accordance with EPA Guidelines on Mold Remediation in Schools and
Commercial Buildings.
Negative air filtration to remain in place 24-48 hours after work is completed. All areas shall be treated with
an EPA recognized fungicide,
It is possible additional cleaning and filtration shall be required depending on the report from clearance
samples_ Consultant shall perform additional cleaning, at no charge. Additional clearance samples shall
be at the owner's expense.
All work to be accomplished in one (1)eight(8)hour shift. All walls and ceiling shall be covered with 6 mil
poly sheeting if client prefers.
Total Not To Exceed $ 3,150
AMENDMENT#1-- SCOPE/COST.
Additional Microbial Investigation:
Mold Supervisor and three (3) mold workers at prevailing wage rates approximately 80 linear feet of
drywall up 4 feet from floor in the storage room#2, weight room and two walls of the men's restroom.
Total Not To Exceed $ 3,800
Additional microbial abatement per G.E.M.S. protocol as outlined below:
• Approximately 50 square feet of drywall and the from the west walls of men's restroom
• Approximately 160 square feet of drywall and tile from all walls in women's restroom
• Approximately100 square feet of drywall and tile from three (3) walls in store room
• Approximately136 square feet of drywall and tile from primarily at south and west walls in the kitchen.
NOTE:
1. Drywall and/or tile walls removed from the floor 4 feet
2. All equipment (i.e. partitions, kitchen equipment, tables, etc removed by client prior to start of
abatement).
3 Clearances by G.E.M.S. through client
Total Not To Exceed $ 5,875
COSTSUMMARY
Original Contract-Scope/Cost $ 31150
Additional Microbial Investigation - Amendment#1 $ 3,800
Additional Microbial Abatement- Amendment#1 5,875
Total Not to Exceed 12 825
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PROFESSIONAL SERVICES AGREEMENT
Brickley Construction Company, Inc dba Brickley Environmental
Environmental Remediation Services at James O. Jessie Desert Highland Unity Center
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered
into this 7ff day of--m u 2009, by and between the City of Palm Springs, a California Charter
City ("City"), and Brickley Construction Company, Inc dba Brickley Environmental, a
California Corporation, ("Consultant").
RECITALS
A. City requires the services of a Consultant for environmental remediation services
at James O. Jessie Desert Highland Unity Center. ("Project").
B. Consultant has submitted to City a proposal to provide said professional services
pursuant to the terms of this Agreement.
C. Based on its experience and reputation, Consultant is qualified to provide the
necessary services 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 employ and does hereby employ Consultant and Consultant agrees to
provide professional services as follows:
AGREEMENT
1. PROFESSIONAL SERVICES
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall
provide professional staff services as described in the Scope of Services attached to this
Agreement as Exhibit "A." Consultant warrants that all services 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 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 in accordance with all
laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local
governmental agency of competent jurisdiction.
1.3 Licenses and Permits.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement.
1.4 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consullant 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 set forth in Section 4.2. 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 terms set forth in the Scope of Services, in
an amount not to exceed $3,150,
3.2 Method of Payment.
An invoice shall be submitted for services rendered to the Contract Officer.
Payments shall be based on the 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. There shall be a
maximum of one payment per month.
3.3 Changes.
In the event any change or changes in the work is requested by City, the parties
hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of
such addendum, including, but not limited to, any additional fees. Addenda 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.
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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 within the time
periods indicated in "Exhibit A" mutually agreed to by the parties. The extension of any time period
must be approved in writing by the Contract Officer.
4.3 Force Mameure.
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 the Consultant, including, but not restricted 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 the 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.
!9.5
Unless earlier terminated in accordance with Section . of this Agreement, this
Agreement shall continue in full force and effect for a period of one year, commencing on March
23, 2009, unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant.
The following principal of the Consultant is hereby designated as being the principal
and representative of Consultant authorized to act in its behalf with respect to the work specified
herein and make all decisions in connection therewith: Tim Brickley, Project Manager.
It is expressly understood that the experience, knowledge, 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 Consultant and devoting sufficient time to personally supervise the
services hereunder. The foregoing principal may not be changed by Consultant without the ;
express written approval of City.
5.2 Contract Officer.
The Contract Officer shall be David Barakian, Director of Public Works/City
Engineer, or his designee, It shall be the Consultant's responsibility to keep the Contract Officer
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.
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5.3 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, 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 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.
5A Independent Consultant.
Neither City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. Consultant shall perform all services required herein as an
independent Consultant of City and shall remain at all times as to City a wholly independent
Consultant with only such obligations as are consistent with that role. 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.
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 liability,
actions, suits, proceedings, claims, demands, losses, costs, judgments, damages, expenses,
including legal costs and attorneys' fees, and causes of action for injury to or death of person or
persons, for damage to property, including property owned by City, for any violation of any federal,
state, or local law or ordinance, and for errors and omissions committed by Consultant, its officers,
employees, representatives, and agents, arising out of or related to Consultant's performance
under this Agreement. Under no circumstances shall the insurance requirements and limits set
forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability
hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require,
8.2 Records. Consultant shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services, The Contract Officer shall have full and free access to
such books and records at all reasonable times, including the right to inspect, copy, audit, and
make records and transcripts from such records.
8.3 Ownership_ of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement shall
be the property of 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
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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 be in
writing and shall not be a waiver of any other default concerning the same or any other provision of
this Agreement.
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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 termination is due to the fault of Consultant and constitutes an immediate
danger to health, safety, and general welfare, the period of notice shall be such shorter time as
may be determined by the City. Upon receipt of the notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically approved by the
Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to
receipt of the notice of termination and for any services authorized by the Contract Officer
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days
written notice to City.
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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 terms of this Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination or segregation in the performance of or in connection with this Agreement regarding
any person or group of persons on account of race, color, creed, religion, sex, marital status,
disability, sexual orientation, national origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as
provided in this Section.
To City: City of Palm Springs
Attention: Public Works Director
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
To Consultant: Brickley Construction Company, Inc, dba
Brickley Environmental
Attention: Tim Brickley, Project Manager
957 Reece Street
San Bernardino, CA 92411
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 Severabilitv. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
"CITY„
City OF PALM SPRINGS
Date 12 o By: I
David J. Barakian, City Engineer
APPR- ED AS TO FORM. ATTEST:
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By
City torn City Clerk z7y�?P 1
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YY' ry
A6/�1 W��h��.ti,•
Brickley Construction Compa Inc, dba
Brickley Environmental
Date: g
im ri kley, Project anager
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Exhibit `°A"
Scope of Services
Remove and dispose of mold contaminated building materials (MCBM) as identified in report by
G.E-M.S. and site visit on May 14, 2009 in quantities and locations as outlined below:
GAME ROOM (NORTH SIDE)
• Approximately 50 square feet of drywall ceiling between light bay.
o Consultant shall move pool table to one side and close sliding partition in middle
of room to isolate.
STORAGE ROOM #2 (WITH JANITOR SINK)
• Approximately 27 linear feet of drywall up from the floor 4 feet from behind plywood and
FRP Board.
• Water damaged 2 feet x A feet acoustic panels (Consultant shall replace with provide
new panels).
NOTE:
1. Consultant shall unbolt, remove and set aside shelves in sotre room for
access. Wall hung janitor sink shall remain. Consultant shall remove drywall
up to edges of sink.
2. Ice machine and equipment to be relocated by others prior to remediation.
INSIDE CONTAINED WORK AREA:
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• Scrub, clean and HEPA vacuum exposed and accessible framing material. Wet, wipe,
clean and HEPA vacuum exposed, accessible walls and floors inside work area.
• Work to be performed under negative air inside containment. HEPA vacuum, clean, and
repeat HEPA vacuum. All accessible porous items not being disposed of, throughout work
area.
• City has arranged for a post remediation analysis by a mold industrial hygienist.
• All furniture, clothing and personal effects to be removed by others prior to commencement
of work-
NOTE: If additional fungal growth is observed beyond areas stated above, this shall
require an increase in scope of work and additional cost and must be authorized in
advance by City.
Total price is based on prevailing wage determination 50-102-882-1-2008-1, issue date
January 1, 2009 at the rate of$39.47 per hour.
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Exhibit "A"
Scope of Services
At the completion of this project or as required, Consultant shall provide complete
documentation i.e. notification letters, waste manifest, certificate of insurance, supervisors daily
logs, etc.
All regulated waste generated from this project shall be properly disposed of at an EPA, State
or Local Regulatory Agency approved disposal facility, utilizing the appropriate waste disposal
manifest.
Owner to provide water and electric at job site. Consultant shall provide necessary
connections.
Al mold work to be performed in accordance with EPA Guidelines on Mold Remediation in
Schools and Commercial Buildings.
Negative air filtration to remain in place 24-48 hours after work is completed, All areas shall be
treated with an EPA recognized fungicide.
It is possible additional cleaning and filtration shall be required depending on the report from
clearance samples. Consultant shall perform additional cleaning, at no charge. Additional
clearance samples shall be at the owner's expense.
All work to be accomplished in one (1) eight (8) hour shift. All walls and ceiling shall be covered
with 6 mil poly sheeting if client prefers.
Total Not To Exceed $ 3,'150
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EXHIBIT "B"
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 City, public liability and
property damage insurance against all claims for injuries against persons or damages to property
resulting from Consultant's performance under this Agreement. Consultant shall also carry
workers' compensation insurance in accordance with California workers' compensation laws. Such
insurance shall be kept in full force and effect during the term of this Agreement, including any
extension thereof, and shall not be cancelable without thirty (30) days 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 amount of insurance required
hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one
million dollars ($1,000,000) combined single limit coverage per occurrence;
2. Automobile liability insurance with limits of at least five hundred thousand
dollars ($500,000) per occurrence;
3. Workers' Compensation insurance in the statutory amount as required by the
State of California and Employer's Liability Insurance with limits of at least one million dollars
($1,000,000) per occurrence.
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. 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 Vill, or better,
unless otherwise acceptable to the City.
C. Verification of_Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting 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 Omissions and Workers'
Compensation policies.
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EXHIBIT "B"
INSURANCE (cont.)
Verification of Insurance Coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement (see attached) 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 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 respects a specific contract" 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 shall 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. See example below.
4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's
waive of subrogation in favor of City, its elected officials, officers, employees, agents and
volunteers. See example 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. Failure to obtain the required documents prior to the commencement of work shall
not waive the Consultant's obligation to provide them-
D. Deductibles and Self-Insured Retentions. Any deductibles or Self-insured
retentions must be declared to and approved by the City. 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.
E. Severability of Interests (Separation of Insureds . This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
Cancellation Example:
SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL FISIDE —^ MAIL 30
DAYS`" WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN
GM Tn Mono S G" NQTlrc 2HAI 1 1 Fn ^ NOnT�nn1 OR I IACn 1TV nC
nniv KWQ i 42QNl-TkfE INSURER, ITS AA_ENTS OR oE=ooEcE-N Ems„
"The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium."
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Waiver of Subrogation Example:
"IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE
RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL
INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES
DESCRIBED IN THE CERTIFICATE ATTACHED HERETO."
5.2 Indemnification. Consultant agrees to indemnify the City, its officers, agents
and employees against, and shall hold and save them and each of them harmless from, any and all actions,
suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising
out of or in connection with the negligent performance of the work, operations or activities of Consultant, its
agents, employees, subConsultants, or invitees, provided for herein, or arising from the negligent acts or
omissions of Consultant hereunder, or arising from Consultant's negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent
passive or active negligence on the part of the City, its officers, agents or employees but excluding such
claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or
employees, who are directly responsible to the City, and in connection therewith:
(a) Consultant shall defend any action or actions filed in connection with any of
said claims or liabilities and shall pay all costs and expenses, including legal costs and attorneys' fees
incurred in connection therewith-,
(b) Consultant shall promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with the
negligent performance of or failure to perform such work, operations or activities of Consultant hereunder,-
and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom:
(c) In the event the City, its officers, agents or employees is made a party to any
action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of
or in connection with the negligent performance of or failure to perform the work, operation or activities of
Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all
costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding,
including but not limited to, legal costs and attorneys' fees.
5.4 Sufficiency of Insurer or Surety- Insurance or bonds required by this Agreement shall
be satisfactory only if issued by companies qualified to do business in California, rated "B+" or better in the
most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, unless such
requirements are waived by the City Manager or designee of the City ("City Manager") due to unique
circumstances- In the event the City Manager determines that the work or services to be performed under
this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the
minimum limits of the insurance policies and the performance bond required by this Section 5 may be
changed accordingly upon receipt of written notice from the City Manager or designee,- provided that the
Consultant shall have the right to appeal a determination of increased coverage by the City Manager to the
City Council of City within ten (10) days of receipt of notice from the City Manager.
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