HomeMy WebLinkAbout05632 - JOHN R. TRUEBLOOD AGR. FOR ARCHITECTURAL SERVICES FOR REMODEL AT U. S. CUSTOMS INSPECT. FACILITY AT AIRPORT P
Kathie Hart age 1 of 2
From: Janet Sheraton
Sent: April 01, 2009 8:22 AM
To: Kathie Hart
Subject: RE: Expired Agreements
Attachments: SHE COI 4 1 09.pdf
Good Morning Kathie,
Gensler—A4382 still active
TSA Reimbursement Agreement—A4736closed (New Agreement began 10/1107—A5561) �
C.V. Taxi—A4865 closed
SH&E—A4922 closed (New Agreement 5 year began 11/14/06—A5350) We can encumber up to 125K per year if we
wish. New agreement should remain open until 1 Ill 3111. 1 think you have the COI— but I attached a copy just to be
sure.
Dewey—A4924 will close 6130109. Procurement is going out for anew RFP effective 711109.
Trueblood—A5632 closed 6/27/08
Harbor—A5659 still active—Change Orders pending
Trueblood—A5726 closed 2/24109
Thank you,
js
From: Kathie Hart
Sent: Tuesday, March 31, 2009 4:27 PM
To: Janet Sheraton
Cc: Jay Thompson
Subject: Expired Agreements
Janet:
Attached is a list of the expired agreements. Please advise if they may be closed.
Example:
A4922, SH&E, expired in 09-2007. Per Tom Nolan, on 09-14-07, the agreement was to remain
open. If this is to remain open, Z will need to request current insurance certificates.
Thx for your help.
k<.
Kathie Hart, CMC
Chief Deputy City Clerk
04/01/09
AMENDMENT41
CONSULTING SERVICES AGREEMENT NO. 5632, CUSTOMS ARCHITECTURAL
SERVICES
THIS FIRST AMENDMENT TO AGREEMENT NO. 5632 FOR CONTRACT SERVICES,
(herein "Amendment") is made and entered into on the IS'oday of 2008, by and
between the CITY OF PALM SPRINGS (herein "City") and JOHN R. TRUBLOOD, ARCHITECT,
(herein "Contractor"). (The term Contractor includes professionals performing in a consulting
capacity.), is hereby effective�-Trlrsc-�- 16 , 2008 as follows:
RECITALS
A. The City and Contractor entered into that certain Contract Services Agreement No. 5632
for Architectural Consulting Services ("Agreement'), as duly amended from time to time-
B. The parties wish to amend the Agreement pursuant to the terms of this Amendment to
add additional services to be performed by Contractor and increase the Contract Sum to
authorize payment for such additional services.
NOW, THEREFORE, the parties hereto agree as follows:
Section I-
Exhibit "A" is hereby revised to include an additional $1025 for necessary architectural design
work performed outside of the scope of services, for the remodeling of the Customs facility
building in conjunction with the Airport Ready/ Return Lot expansion, for a total contract price of
$14,205,
Section 2.
Full Force and Effect: Except as previously modified herein, all other provisions of the
Agreement shall remain unmodified in full force and effect.
(Signature Page Follows)
Jahn R.Trueblood,Architect,Agreement 5632,Amendment#1 1
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
ATTEST: CITY OF PALM SPRING
a municipal corporation
By: / u v �f ram' By;
City` Clerk p p�r8 f Zvo5 C anager APPROVED O FORM: APPROVED BY CRY MANAGER
By: l
City Attorney
CONTRACTOR: Check one: Individual _ Partnership_Corporation
Corporations require two notarized signatures: One from each of the following. A. Chairman of Board,
Preside t, or any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,
or Chj f in ial Officer.
T I By.
Uy5g ature (notari d) Signature (notarized)
Na e:v" Name.
Title: aw� �1 Title
State of J 0� State of
County of /Q1 ozl e10(� County of
On 7 1 before me, Al b4Ct On before me,
personally appeared WIV Il- f k[(dCXO personally appeared
personally known to me (or proved to me on personally known to me (or proved to me on
the basis of satisfactory evidence) to be the the basis of satisfactory evidence) to be the
person(s)whose name(s) is/ardsubscribed person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to the within instrument and acknowledged
to me that he/&helthey executed the same to me that he/she/they executed the same
in his/he4theh°authorized capacity(iEs); and in his/her/their authorized capacity(ies), and
that by his/he#+heilr signatures(s)-on the that by his/her/their signatures(s) on the
instrument the person(s), or entity upon instrument the person(s), or entity upon
behalf of which the person(s) acted, behalf of which the person(s) acted,
executed the instrument. executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature �� e �'[' Notary Signature:
Notary Seal: Notary Seal.
JANET M.BUCK
Commlralon N 1527166
i w Notary Public-California
Rlveakla County
MyComm.FVkw Nov 16,2001
John R.Trueblood,Architect,Agreement 5632,Amendment#1 2
CONSULTING SERVICES AGREEMENT
John R. Trueblood, Architect
Architectural Services
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and
entered into this 25°i day of February, 2008, by and between the City of Palm Springs, a
California charter city and municipal corporation ("City"), and John R. Trueblood Architect, a
Registered California Architect (C7850)_
RECITALS
A. City requires the services of an Architect for remodeling work to be performed at
the U.S. Customs Federal Inspection Facility located at Palm Springs International Airport.
B. Consultant has submitted to City a proposal to provide building architectural
services to City pursuant to the terms 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 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide architectural services, plans and specifications sufficient for
public bidding by general building contractors, 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. 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.
DPUG�NPL EuD
G+1NDIOR AC`,t'�'LEES:J]EN7
I Revised 3/23/07
507639.2
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, pennits, 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
it has carefully considered how the work should be performed and £ally understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TTME 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 513,180.
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
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 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 due enactment or
revision of law subsequent to the preparation of any documents, other work product, or work;
13. 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.
2 Revised:W23W
501639.1
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit "A."
The extension of any time period must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered pursuant to
this Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of 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 4 months,
commencing on February 25th, 2008, and ending on June 25th, 2008, 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: John R. Trueblood, Registered California Architect. It is expressly understood that
the experience, knowledge, education, capability, and reputation of the foregoing principal is a
substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal
shall be responsible during the term of this Agreement for directing all activities of 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
3 Revised:3123107
507639 2
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 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 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 three 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:
John R. Trueblood Architect
G. INS IJRANCE
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, 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 Clahms arising from injuries to
or death of persons (Consultant'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 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
5076392
S. 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 tennination 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
5 Revised S/2=7
507539.-'
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_
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.
10. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Emplovecs_ 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 fxom the time of mailing if mailed
as provided in this Section.
6 Revised 3I2=7
507639.2
To City: City of Palm Springs
Attention: City Manager&City Clerk
3200 E. Tahquitz Carryon Way
Palm Springs, California 92262
To Consultant: John R. Trueblood, Architect
2150 Taliquitz Canyon Way, Suite 6
Palm Springs, CA 92262
11.2 Integrated Agreement. This Agreement contains all of the agmernents of the
parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
11.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties hereunder.
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_
[SIGNATURE PAGE SEPARATELY ATTACHED]
7 RCVised:3123107
507639.2
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date: L
FFDavid�;Lea I4. R
City Manager
APPROVED BY CITY MANAGER
APPROVED AS TO FORM: ATTEST a
By: �✓ ` rl(�'l i' 151s
I]ougla5 - Holland, Thompson,City Attorney ity Clerk
"CONSULT T"
John R. True od
Date: �j Ok B
Sol . Trueblood
Date:
(nine)
(secretary)
g Revised:3123107
SO7F39.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califorr�nia
County of <°1/ULxS1f(=
on gSiza before me, fYNG I_;n (�LtCiC �ip�F
QYo 'lue NsttL Nerve arC a urn 'I1zr
personally appeared _ �/?/� J� 7xuuOuzo
N:sm�cl ct slane•1�1
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name,(&) islaye subscribed to the
within instrument and acknowledged to me that
ha!shrAaey-executed the same in his Rer�Wr authorized
capadty(les;, and that by on the
JANET M.BUCK instrument the person(9), or the entity upon behalf of
Commission# 1627166 which the person(s) acted,executed the instrument
.'� Notary Put 9lo-California '
Riverside County I certily under PENALTY OF PERJURY under the laws
MVCamm.Farpiies Noy 16.2006 of the State of California that the foregoing paragraph:is
;rue and correct.
WITNESS my hand and offirii J seal.
Signature
vtace vonry Saal avow Pnpawm ut No:nry Pubic
OPTIONAL
Though the information below is not requk Jby law,R away prove vnl r„rile:c parsons relying on the document
and Ccu{d prevent fraudulent remauai and rwdacrment of bias lnrm to ano:nvr docrwff+W,.
Description of Attached Document
Title ar'fype o1 Document:--- --64/��i,7 IfUU ,SE WE yM &71'%[7lJr
Document Date. 5_L7_�_ _^ NurrberotPages /!�f —_
Signer(s)Other Than Named Above. P�CVlJ�
Capacity(ias) Claimed by Signer(&)
Signer's Name:._ --__�_ Signers N2me:
----fndivlduaf —Individual
Corporate Officer—Title(s): I,Corporate Officer—Title(s):
0 Partner—D Limited ❑General - - - ,�P2rzner—p Limited ❑General
Attorney in Fact _- ;i Attorney in Fact
Trustee 'bp d J umb item 7 Trusme (Top of[hu=hoN
J Guardian or Consarvator J Guardian or Conservator
❑ Other._,_,_ -_, _j Other:
Signer Is Representing: Signer is Representing:
oscm N,osal No<:ry nxa3,oan.§ace o.saw Mz vo.e�xeox.a�vn.:n cn slatlato2-.m,,.wava,.tv�rne ¢.:.,xesar a��:emina,.nm i-sno-nr�raoer
9 Revised 3123/07
$07639.2
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
10 Revised:3/23/07
507639.2
Feb 19 08 03'36p' J. R Trueblood Architect (760) 415-2361 p.4
DESIGN COST PROPOSAL - CUSTOMS FACILITY REMODEL - PSP
WORK ITEM DESCRIPTION AMOUNT I TOTALS
Review available record plans____ 280
Site survey-at site 410
Miscellaneous services 32D
PRE DESIGN COSTS 1,010
i
1Develop preliminary layout 540
FIS review& approval 160
Revisions 280
_ Miscellaneous services 340
-•-• --•-...-- ..._ — --- ----- --------- --
PRELIMINARY.__ DESIGN_ — — - - _ 12320
i
Architectural 4,100
vil- None Required
--- -- -- -- - Fire Protection 390 ---
Plumbing J HVAC
Electrical 1,100 u -
CONSTRUCTION DOCUMENTS Standard services 6,190
Al Disciplines Submit/Revise- T
BUILDING REVIEW 480 480
i
- - - Architectural 900
Mechanical 200
Electrical 2D0 -
CONSTRUCTION PHASE SERVICES (Standard Services) 1,300
i
-TECHNICAL SPECIFICATIONS 680
HAZ MAT SURVEY 2 20D
Notes
1 Interior furnishings are not included.
TOTAL 13,160
2/19/2008 JOHN R.TRUEBLOOD ARCHITECT
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)
/ Revised:3/23107
50>639 2
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 term 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 amount of insurance required
hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) 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 In-nits of at
least one million dollars ($1,000,000.00) per occurrence and two million dollars (52,000,000)
annual aggregate [THIS IS OPTIONAL WITH USE OI'SHOR7 FORM CSA); and,
4. 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 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.
S. 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:3/23107
$07639.3
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. [THIS SECTION TO BE INCLUDED ONLY IF ERRORS & OMISSIONS
INSURANCE IS REQURIEDI
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 botb 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 Omissions and
Workers' Compensation policies.
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 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
workpetformed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or setf-
insurance the City may have..." ("as respects City ofpalm Springs Contract No. " or 'for any
and all workperformed 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_
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5076392
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 agent/broker 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 cone fencing 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.
Certificates 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). 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.
14 Revised,3123107
507639.2