HomeMy WebLinkAbout05557 - SANBORN A/E INC SURVEYOR SVCS RE TAHQUITZ CREEK GOLF RESORT BORDERS Page 1 of 2
Cindy Berardi
From: Carrie Rovney
Sent: Tuesday, October 07, 2008 9:53 AM
To: Cindy Berardi
Subject: FW: Sanborn A/E f
Hey,
Just got a response from Marcus. He said to close it out.
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From: Marcus Fuller
Sent: Tuesday, October 07, 2008 9:52 AM
To: Carrie Rovney
Subject: FW: Sanborn A/E
Close out the contract.
Sincerely,
Marcus L.Fuller,P.F.,P.L.S.
Assistant Director of Public Works/
Assistant City Engineer
City of Palm Springs
(760)323-8253,exi. 8744
www.palms rinds-ea�nvca�nv
Maicus.Puller a�p�lmsprings=ca,gov
From: Felipe Primera
Sent: Tuesday, October 07, 2008 9:47 AM
To: Marcus Fuller
Subject: RE: Sanborn A/E
According to Doug at Sanborn A/E they completed the job and have been paid by the City. He doesn't see a paper trail giving the
plan to Troy in the file, but will send me a PDF as soon as he can.
Sincerely,
Felipe Primera, Engineering Assistant
City of Palm Springs Engineering Dept.
3200 Tahquitz Canyon Way
PO Box 2743
Palm Springs, CA 92263-2743
Direct(760) 323-8253 X8742
Fax (760) 322-8325
CONFIDENTIALITY NOTICE—This e-mail transmission,and any documents,files or previous a-mail messages attached to It may contain information that is
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From: Marcus Fuller
Sent: Tuesday, October 07, 2008 9:34 AM
10/7/2008
Page 2 of 2
To: Felipe Primera
Subject: FW: Sanborn A/E
Felipe, what was the end result of this survey work? Did the survey take place? Can we close out contract?
Sincerely,
Marcus L.Puller,P.E.,P.L.S.
Assistant Director of Public Works/.
Assistant City Engineer
City of Palm Springs
(760)323-8253,ext. 8744
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Marcus.Fuller aoahns)nngs Fca.kov ,
From: Carrie Rovney
Sent: Tuesday, October 07, 2008 9:33 AM
To: Marcus Fuller; Dave Barakian
Subject: FW: Sanborn A/E
Do either of you know if we can close the attached Contract for Sanborn or not? It was regarding surveying properties near
Tahquitz Creek to see if they encroached onto the golf course or not.
I will forward a response to Cindy, so she will know to either keep it open or close it.
She said this was a Troy B Agreement
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From: Cindy Berardi
Sent: Tuesday, October 07, 2008 9:20 AM
To: Carrie Rovney
Subject: Sanborn A/E
This is that contract we briefly discussed this morning. Can I close it out, since it expired 12/18/07 and I don't see an extension?
(It was a Troy contract originally)
Thank you.
Limy ern r,-�i
DCpUty City Clerk
01(ice of the LJtu LIerk
City of Palm Springs
P. 0. Box 2743
Palm Springs, CA 92262
(760) 322-8355
Cindy.Berardi@palmsprings-ca.gov
10/7/2008
CONSULTING SERVICES AGREEMENT
Sanborn AIE Incorporated.
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and
entered into this 18`t' day of September, 2007, by and between the City of Palm Springs, a
California charter city and municipal corporation ("City"), and Sanborn A/E Incorporated, a
California Corporation ("Consultant").
RECITALS
A. City owns a municipal golf course known as the Tabquitz Creek Golf Resort,
B. City has recently discovered that several property owners along Lakeside Drive,
Pebble Beach Drive, Bob 0 Link Lane, Brentwood Drive and Broadmoor Drive may have
potentially encroached onto the golf course area adjacent to their lot.
C. City needs the services of a qualified surveyor to perform a topographical survey
of the rear lot of these properties to determine the common property line between the golf course
and each lot, as well as the 20-foot easement area that boarders each lot("Project").
D. Consultant has submitted to City a proposal dated September 7, 2007 to provide
all labor,material, supplies and equipment necessary to perform Project.
E. Based on the Consultant's experience, qualifications, and reputation, the City has
determined that Consultant is qualified to perform the required work and desires to retain
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.I Scone Of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide all of the labor, materials, supplies and equipment
necessary to perform the Project 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 govem.
1.2 Compliance with Law. All services rendered under this Agreement shall be
provided by Consultant in accordance with all applicable federal, state, and local laws, statutes
and ordinances and all lawful orders, rules, and regulations promulgated thereunder.
1 Revised;9/1 812 0 07
o^rGa NML Z,9D
AND/OR AGREE ,EENIT
1.3 Licenses and Pernmits. 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
it has carefully considered how the work should be perfolaxred and fully understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLI TION.
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 arnount shall not exceed S 10,400.
3.2 Method of payment_ Consultant shall be paid a lump sum amount as set forth in
Exhibit "A" upon the successful completion of Project. Consultant shall submit to City an
invoice, in the form approved by City's finance director, for services rendered. City shall make a
good faith effort to pay Consultant within thirty(30) days of receipt of Consultant's invoice.
3.3 Changes. Ia the event any change or changes in the Scope of Serviecs/Work is
requested by City, the parties hereto shall execute a written amendment to this Agreement,
setting forth with particularity all terms of such amendment, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product,or work;
B. To provide for additional services not included in this Agreement or not
customarily famished 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:9/18/2007
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 anytime period must be approved in writing by the Contract Officer.
4.3 Force Mom. 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 rrcgligoncc 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 firll force and effect for a period of Ninety (90)
Days, commencing on September 18, 2007, and ending on December 18, 2007, 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 Sanborn, Vice President. 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/tier
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
3 Revised:9/1812007
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.
G, 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. MENINIFICATION.
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 Claims 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.
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.
82 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
4 Revised:9/18/2007
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.
SA 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 white performing
under this Agreement and shall make such materials available at its offices at all reasonable
times during the teen of this Agreement and for three (3) years from the date of final payment
for inspection by City and copies thereof shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and 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 die fault of Consultant and constitutes an
5 Revised:9/1 812 0 0 7
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 tennination 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 Emnlovees. 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&City Clerk
3200 E. Taliquitz Canyon Way
Palm Springs, California 92262
To Consultant: Sanborn A/E Inc.
Attention: John Sanborn,Vice President
71780 San Jacinto Drive, Suite E-1
Rancho Mirage, California 92270
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 arnended 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
6 Revised:9/18/2007
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 tarty 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.
u/
[SIGNATURE PAGE SEPARATELY ATTACHED]
7 Revised:9/18/2007
IN WITNESS WHEREOP, the parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
e
bate: \0•"1t.tl�l By: �� �
David H. Read
City Manager APPROVED BY CITY MANAGER
1oD��Q'LLLLd�IOl�oo�'►
APPROVED , TO FORM: ATTEST
_ -
By: r7`/ P/Gij � By: _
Do�glas°C. Holland, T /�� sThompson, 0/0a3 f 00 �
Cit A{tonne �/ it Clerk _
"CONSULTANT"
Sanbom A/E lt�tc. -
Date: U 7 By : � £�f
Jolul�Sahbom, Vice zesideut
Date: d //
S reiary
Not To Exceed .005
_2!7i �
Without The Express Written
Authorization Of The City
Manager.
8 Revised:0/18/2007
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Pees
And
Schedule of Performance
9 Revised:9118/407
... .... .......... ....
CIVIL ENGINEERING
ARCHffEC7URE
LAND SURVEYING SEP 10 2007�
September 7, 2007
Mr. Troy Butzlaff
Assistant City Manager
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92262
Re. Proposal for Professional Services
Topographic Survey Rear Lot Lines
Tahquitz Creek Golf Course
Palm Springs CA
Dear Mr. Butzalff;
Pursuant to your request we are submitting this proposal for topographic survey for a portion of
the Tahquitz Creek Golf Course, for your consideration and approval.
PRO I .T 1 O CATION•
The site is located on a portion of Sections 20 and 29, Township 4 South, Range 5 East.
SCOPE OF 4 IRVI .F4-
Sanborn AIE, Inc. (SAE) proposes to perform the following services:
Phase 1:
SAE will provide an aerial topographic map at a scale of 1" = 40' with 1 foot
contours showing the rear one half of the lots along Lakeside Dr. and Pebble
Beach Drive that front the golf course. SAE will plot the common property line
between the golf course and the lots as well as the 20-foot easement adjacent to
the golf course, on the topographic map.
Phase 2:
SAE will provide an aerial topographic map at a scale of 1" = 40' with 1 foot
contours showing the rear one half of the lots along Bob O Link Lane, Brentwood
Dr. and Broadmoor Dr. that front the golf course. SAE will plot the common
property line between the golf course and the lots on the topographic map.
We estimate that we will be able to deliver the mapping 30 days after notification to proceed.
7z780 San Jacinto Dr. ' Suite E-i*Rancho Mirage, CA 92270 "Ph.(76o)-423-o600, Fax(76o)-423-0603
Page 2
September 7, 2007
City of Palm Springs
PROFESSIONA1 FEE AND M ,rHOD OF PAYMFNT:
We propose to perform the above-described "Scope of Services"for a fee as outlined below.
Scope of Services Phase 1: $5,850.00
Scope of Services Phase 2: $6,750.00
Phases 1 and 2 done at the same time: $10,400.00
All fees will be billed monthly. All fees are to be paid in accordance with the "Sanborn A/E, Inc.
Standard Contract Provisions", attached and made a part hereof.
CHANrAE4 TO S -OPr-
Any changes to the "Scope of Services" must be agreed upon by both parties and be authorized
in writing. Changes in Scope may involve changes in fee and schedule.
q ILTHORI ATION,
Please have the appropriate party review this proposal carefully_ If it meets approval, please
execute where indicated and return one original to this office. This proposal is good for forty-five
(45) days from date above.
Thank you for the opportunity to offer this proposal, and if you have any questions, please do not
hesitate to contact me.
Sinc ly
5 BO A/ , C.
Joh L. anborn, PLS
Vic President
71780 San Jacinto Dr.4 Suite E-i•Rancho Mirage,CA 92z70 "Ph.(760-423-0600, Fax(760)-423-o6o3
Page 3
September 7, 2007
City of Palm Springs
ACCFPTANa
I have read this proposal and all attachments, and agree to the terms and conditions contained
herein.
Please initial the phasing requested.
Approve Phase 1 only.
Approve Phase 2 only. \.
Approve Phase 1 & 2 Combined. V
By: Date:
Title
Cpstahquitzcreek2 l
7178o San Jacinto Dr.*Suite$-a*Rancho Mirage,CA 92270*Ph.(760-423-o600, Fax(76o)-423-o603
EXHIBIT "S"
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)
I 0 Revised:Oil8/2007
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. Minimuru Scope of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
I. 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
($1,000,000-00)per occurrence;
3. s#es�ional liar criers and ettriss nsurailee With naE
'12fl$t`{;t32-h}i-l-lterr�ixzaru �uz�va,�t���e�622HIrt-ii2B-�rrc2dvTAk�9-��'�d0�
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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.
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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 Ivey Rating of B++, Class VII, or
better,unless otherwise acceptable to the City.
D. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation politics.
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 witb 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 'far any and all
workperformed 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 City afPalm Springs Contract No._" or 'for any
and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate holder
named" Language such as, "endeavor to"mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the politics.
12 Revised:9118/2007
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agentfbroker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its elected officials,
officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
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. Severabifity 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.
I3 Revised:9/10/2007