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HomeMy WebLinkAbout05607 - LSA ASSOCIATES INC INDIAN CYN AT TAMARISK RD TRAFFIC SIGNAL AIR QUALITY STUDY CP 06-12 Page 1 of 1 Kathie Hart From: Marcus Fuller Sent: September 01, 2009 9:45 AM To: Carrie Rovney; Kathie Hart Subject: RE: A5607 - LSA-CP 06-12 OW\ close From: Carrie Rovney Sent: Tuesday, September 01, 2009 938 AM To: Kathie Hart; Marcus Fuller Subject: RE: A5607 - LSA - CP 06-12 Kathie, There is just over$1800 remaining on the PO. I will have to check with Marcus. Marcus, Please give us your input Tka nits i cgT ie x816c From: Kathie Hart Sent: Monday, August 31, 2009 2:00 PM To: Carrie Rovney Subject: A5607 - LSA - CP 06-12 Carrie: Ts this one completed? OK to close? e444e Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 (760) 323-8206 1 P--, (760) 322-8332 21 Kathie.Hart@Palm$prmgsCA.gov Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time. 09/01/09 CONSULTING SERVICES AGREEMENT Environmental Services Indian Canyon Drive at Tamarisk Road Traffic Signal Air Quality Study City Project 06.12 THIS AGR EMENT FOR CONSULTING SERVICES (the "Agreement') is made and entered into thisday 2008, by and between the City of Palm Springs, a California charter city ("City'), and LSA Associates, Inc. ("Consultant"). RECITALS A. City requires the services of a professional environmental firm to prepare an air quality study for the Indian Canyon Drive at Tamarisk Road Traffic Signal Installation, City Project No. 06-12 ("Project"). B. Consultant has submitted to City a proposal to prepare an air quality study 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 professional environmental services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services' or "work"), which includes the agreed upon schedule of performance and 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 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. Y, 1.4 Familiaritywith Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, ; difficulties, and restrictions attending performance of the work under this Agreement. Fs 2. TIME FOR COMPLETION. r; The time for completion of the services to be performed by Consultant is an essential 3 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 "B,"which total amount shall not exceed $6,000. 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 "B" 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 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 modificalions 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. 3A 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 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 8.5 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule and Compensation (Exhibit "A"). 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following Principal is hereby designated as being the 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: Lyndon T. Calerdine. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing employee 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 Assistant Director of Public Works/Assistant City Engineer, Marcus Fuller, or his designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 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 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 "C", 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 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. 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 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: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: LSA Associates, Inc. Attn: Lyndon Calerdine 901 E. Tahquitz Canyon Way Palm Springs, CA 92262 11.2 IntecIrated 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 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: �—C� By:2� ��e� David H. Ready City Manager APPROVED BY CITY MANAGER ATTEST - --- Date: CAI lob/; ,ao5 By. James Thompson, City Clerk -- "CONSULTANT" LSA Associates, Inc. Date: By : ��crrl�.lMc�n.l f J�ica�dc•�f— Name/Title EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide services as indicated in the attached letter dated December 19, 2007, incorporated herein by reference and made a part hereof. IRVINE az RKzLEY L A LPA TAIT i[Z INN oo T RSCHMONN FT COLLINS J r(` 60- 6- yoi C TAII{ZNiTZ CYN WY SUITE P e Ors 3o65 RIVERSIDE ROCKLIN PALM SYNINCS CA Prs:6rs 160-h�6-3066 FAX SAN LOIS OBISPO COLMA CARLSRAP December 19, 2007 Marcus L. Fuller, P.R., P.L.S. Assistant Director of Public Works/Assistant City Engineer City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 Subject:Air Quality Study for the Signalization of the bzdian Avenue/Tarnarisk Road Dear Marcus: Pcr your request, LSA is pleased to provide you with a proposal for the subject work. PROJECT UNDERSTANDING Based upon the work performed for the original scope of work for the Indian/Tamarisk Signalization project, the project is not exempt under 40 CFR 93.126 due to the Signalization component. Based on the Caltrans CE conformity analysis checklist,the proposed project is subject to CO conformity analysis, PM,and PM,, conformity analysis and interagency consultation, as listed below in the scope of work. Preliminary contact with Caltrans and the City has indicated that a CO analysis, PMio and PMZ 5,and interagency consultation will be required. Therefore,LSA has enclosed the following scope of work and fee for the Air Quality Confortmty Analysis. Additionally,the City is able to provide LSA with the needed traffic counts and Level of Service for the intersection to complete the following scope of work. SCOPE OF WORK LSA will prepare an Air Quality Analysis for the project in accordance with Caltrans Transportation Project Level Carbon Monoxide(CO) Protocol,the EPA'c ftigitive dust conformity rule, and South Coast Air Quality Management District(SCAQMD) CEQA Handbook air quality guidelines. LSA will conduct the screening analyses specified in the protocol and, if required, conduct CALINE4 modeling for CO hot spots for up to 20 receptor locations for the Existing,Future No Build, and each of the Build Alternatives. LSA will evaluate the proposed project's impacts to long-term particulate matter concentrations (PM,, and PM,,,) and mobile source air mxics (MSAT)using the Transportation Conformity Guidance for Qualitalive Nol-spot Analysis in PNI.5 and P1I10 Nonattaininent and Maintenance Areas(EPA,March 2006) and the Interim Guidelines on An,Toxic Analysis in NEPA Docinnents(FHWA,February 2006). In addition to the air quality analysis, LSA will coordinate and prepare the project-level air quality conformity determination documented by completing the conformity analysis checklist,as required by Caltrans. L•\Proposals\Air Signal\Proposal Leupr.l2-I9.n7 dot BUDGET The total estimated cost of$6,000.00 for the above scope of work is based on the attached billing rates and will not be exceeded without your prior authorization. Please authorize this work by preparing a Task Order for our signature. Sincerely, LSA ASSOCIATES, INC. 4r,iwvn -F- Lyndon T. Calordinc Principal Attachment Billing Rates L&A ASSOCIATES INC. HOURLY BILLING RATES EFFECTIVE AUGUST 2007 Job Classificarion Hourly Rate Planning I Environmental Tams urtation Air/Noise Cultured Resources Biology GIS Range" meal Principal Principal Principal Principal Principal _ Principal _ $1?5-250 Assuclale Associate Associate Associate AsanciMic Associate Associate $75-200 Senior Planner Senior Environmental Senior Transportation Scniol All Quality/ Senior Cultirml Senior Bioegist/Hotanist/ Senior GIS $65-175 Planner Planner/Engrinecr Nacc Specialist Resources Munaper Wildlife Biologist/ Spceigllst Lcologi RvSail Scicnrisr/ _ Fler crola iSVArborist _ Planner Hnvlronmenral Planner Transportation Au Qualiry/NoiSC Cultural Resources Biologist/Bolanist/Wildldc GIS Specialist 350-125 Planncr/Engineer Specialist Managel Hmlogisr/Fcologisl/Soil Sciuntist/Herpernlogiat/ Arborisl Assistant Planner Assistant N n Fq c Cpllliidl Resources Aagi9ranl Biologist/ Assistant GlS S50-100 Fnvlronmenlal Planncr Planncr/En�nccr Analyst Analyst Bolanist/WildliTc Riologisl/ Specialist Fcologist/Suil Scientisu l-Ic ctolomcVAi bol isl Field Services _ Field Director S50-100 Senior Field Crew/[held Crew _ h $35—$0 Office Services Rcscmch ASSisIanVTeuhniciun _ $25-50 Graphics �_ S70-100 Office Assistant _ $40-72 Word Proccscing/Tcchnical Editing $GO-90 I r s M Y The hourly rate for work involving actual axpenses in ceua,giving deposaicn>or similar expert testimony,well be billed at$250 per hour regardless ofjob classifications. 1 I l n 'Ir I 7 LEA ASSOCIATES INC LSA IN-HOUSE DIRECT EXPENSES Unit Cost Reproduction _ $0.10 per page Color Reproduction (8.5 x 1 I) _ $1.00 per page Color Reproduction 11 x 17) $3.00 cp r page Mileage _ Road $0.485 per mule Off-Road _ S0.635 per mile Facsimile $1.00 per page CD Production $5.00 py CD_ plotting $5.00 per linear ft. Diazo Printin $0.20 per s . ft. developing billed se ap ralcl as a direct cost) $5.00 per roll Disposable camera and film (developing billed se arately ass direct-cost) $1o.00 per camera Search of Specialized Data Bases $100.00 er inquiry_ GPS Unit $100.00 per day Aerial Photos $200.00 per pholo EXHIBIT "B" COMPENSATION Payment for services rendered under this Agreement shall be paid on a not to exceed, time and material basis, not to exceed $6,000, rates of compensation and fees shall be consistent with those identified on the attached letter of December 19, 2007, incorporated herein by reference and made a part hereof. Compensation shall be paid monthly, based on submitted invoices showing hours charged, expenses paid, and receipts therefore. EXHIBIT "C" INSURANCE 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-party 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. 3. 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 Occurrence/$2 Million Aggregate Umbrella excess liability may be used to reach the limits stated above. Additional insurance requirements may be imposed by the City for services or products that have a higher risk. Refer to the City's Risk Manager for information of the insurance requirements for the following types of services or products: 1. Construction contracts which are awarded or administered through City departments other than the Public Works Department,- 2. Medical, excavation, drilling, trenching or shoring services, or services involving explosives or pyrotechnics; 3. Environmental consulting, engineering or related services or operations; 4. Custom manufactured products; 5. Products or services involving firearms, tobacco, alcohol, or controlled substances; 6. Any unusual or high-risk activities, operations or products. 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 VII, 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 Citv 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 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 fallowing 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 return 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 Employer'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 Industry Certificates 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) days for non-payment of premimium) 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 EN9E i9RTon MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT CAII I IOC T-Q MAIL CI IQH NIQTIQF CLJAI 1 IP4PQ9F= NQ QR IQATIQI I (11_ I IARII ITV OF ANY Kl= I IPQ- l TUC IAICI RER ITS AGFC ITS QR RERRE-`;E-SE E8. *The broker/agent can include a qualifier stating "10 days notice for nonpayment or premium.,, Example C: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED($), 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, oft-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- 20-0555 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. Consultants; 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.