HomeMy WebLinkAbout05554 - SOUTHERN CALIFORNIA SOIL & TESTING INC GOLF CLUB DR CULVERT RECONSTRUCTION CP 05-18 Page 1 of 1
Kathie Hart
From: Jay Thompson
Sent: July 21, 2008 4:39 PM
To: Kathie Hart
Subject: FW. A5554 So Cal Soil and Testing Expires 09-20-2008
Please closed contract file.
From: Dave Barakian
Sent: Monday,July 21, 2008 4:17 PM p
To: lay Thompson 1f
Cc: Carrie Rovney
Subject: RE: A5554 So. Cal. Soil and Testing Expires 09-20-2008 �Vl\
Close—Carrie, please make sure final payment was made(this was for Golf Club Dr.) p
David Barakian
Director of Public Works/City Engineer �Z1
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8253 x8732
From: Jay Thompson
Sent: Monday, July 21, 2008 3:45 PM
To: Dave Barakian
Subject: FW: A5554 So. Cal. Soil and Testing Expires 09-20-2008
From: Jay Thompson
Sent: Monday, July 21, 2008 3:44 PM
To: Dave Barakian
Cc: David Ready
Subject: A5554 So. Cal. Soil and Testing Expires 09-20-2008
Attached agreement for Golf Club Drive Culver Rehab expires on 09-20-2008 should this be closed, or will you bring
forth an amendment Please advise. Jay
07/21/08
` CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER a7 F�
To: So Cal Soil&Testing,Inc. Date: June 4, 2008
628o Riverdale Project No.: 05-18
San Diego,CA 9216o Project: Golf Club Dr.Culvert
Change Order No.: One(1)
Contract Purchase No.: 482
Account Numbers: 4298-50254
4491-50254
Agreement No.: 5554
CHANGES IN WORKICOST
Increase to Contract
Additional materials testing as indicated on attached Lump Sum $1,159.50
'out of scope'invoice.
Additional materials testing previously performed. Lump Sum $255.50
Total-Change Order Increase Amount S1,415.00
REASONS FOR CHANGES:
This contract provided for materials testing services as a part of the Golf Club Drive Culvert Reconstruction
project_ The inspection of the p%ject was overseen bya contract inspector(Engineering Resources). During
the project,the actual amount of testing that was required exceeded the agreed contract limit. Neither the
contract inspector or the materials tester were aware of the overage at the time. At the completion of the
project,the billing for testing performed exceeded the original contract in the amount indicated above. This
changet order will compensate So. Cal. Soils and Testing, Inc. for the work that was performed.
Note: This change order is inclusive of all applicable marls ups.
D.SOURCE OF FUNDS
Account No. ✓♦Ugl-5DZS'1J, and 4298-50254, Golf Club Drive Culvert Reconstruction, will be.utilized.
t
—summary of Costs Contract Time
Onginal Contract Amount: $3,667.00 Original Completion Date: N/A
This Change Order: $1,415,00 Days Added for this C.C_O.: -o-
Previous Change Order(s): So Previous Days Added: -o-
RcAsed Contract Amount: $5,082.00 Revised Completion Date: N/A
I have received a copy of this Change C'tv�, App{oval:
Order and the above AGREED PRICES !AV+J(/`
are acceptable to the contractor. Submitted by Date
Senior Public Works Inspector
a
Approved by QV 1�1e
Contractor: So Cal Soils and Testing ty-Engineer
D/�3
te '� • �� ��
Approved by t Date
City-M age
J �r f v Date
Attested by
'ty Clerk =
Distribution:
Original Exec_tcted Conies Conformed-File Conte
Contractor (1) Engineering File Ct)
City Clerk (1) Senior Public Works Inspector (1)
Finance (1)
Asp BY CITY MANAGER
2
CONSULTING SERVICES AGREEMENT
Geotechnical and Material Testing Services for
Golf Club Drive Culvert Reconstruction Project, City Project#05.18
THIS AGRE�MENT FOR CONSULTING SERVICES (the "Agreement") is made and
entered into this, day of t 200_1_, by and between the City of Palm
Springs, a California charter city nd municipal corporation ("City"), and Southern California
Soil & Testing, Incorporated, a California Corporation ("Consultant").
RECITALS
A. City requires the services of Consultant for professional geotechnical and
material testing services for the Golf Club Drive Culvert Reconstruction Project, City
Project 405-18.
B. Consultant has submitted to City a proposal to provide professional
geotechnical and materials testing 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 testing 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.
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1.4 Familiarity with 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.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule 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 $3,667.
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 Controller, 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 the enactment
or revision of law subsequent to the preparation of any documents, other work product, or
work;
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's
profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the City Council of City for each fiscal year covered by the
Agreement. If such appropriations are not made, this Agreement shall automatically terminate
without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
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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 for a period of one (1) year,
commencing on, 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: James J. Stone. 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 George F. Farago, Associate
Civil Engineer. 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.
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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.
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:
James J. Stone, RGE Principal Geotechnical Engineer
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
Insurance as set forth in Exhibit "B", which is attached hereto and is incorporated herein by
reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers,
employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against
any and all 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.
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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.
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9A 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 Engineer
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: James S. Stone,
Southern California Soil & Testing, Ina
83-740 Citrus Avenue, Suite G
Indio, CA 92201-3438
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11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
11.4 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
� b-7 B Date: y:
David J- Barakian
Director of Public Works/City Engineer
-
�,p . U� _�'i ATTEST
gy
At
Thompson,
City Clerk
"CONSULTANT"
Southern California Soil & Testing, Inc.
Date: By : James A. Lewis, Vice President
(Name & Title)
(Signature)
J�RiNGIP/gG �!-6Y4"C/S�iY/CF1c
507639-2 "4 Revised:2/00107
EXHIBIT "A"
SCOPE OF SERVICES
GEOTECHNICAL AND MATERIALS TESTING SERVICES
GOLF CLUB DRIVE CULVERT RECONSTRUCTION
CITY PROJECT NO. 05-18
FEDERAL AID PROJECT NO EA-4211 (004)
A. All testing and certification shall conform to the requirements of the Caltrans Standard
Specifications.
B. Subgrade and base grade areas within the limits of the work shall be tested prior to placement
of new culvert pipe and backfill. A signed and certified evaluation of the subgrade shall be
prepared and submitted to the Construction Administrator. The certification shall include any
recommendations For additional aver-excavation, remediation, and fill needed to prepare for the
placement of new culvert pipe, backfill, and structural roadway.
C. Compaction testing of backfill around and above the pipes to certify subgrade for the roadway
section, as well as the areas to receive concrete slope protection and rip rap upstream and
downstream of the roadway.
D. Compaction of the aggregate base for the roadway asphalt.
E. Final certification of all testing results.
Allocate 8 hours for field observation time for periodic review of the placement of materials. No
additional field observation time will be allowed without the prior approval of the City of Palm
Springs City Engineer.
No concrete or asphalt testing or sampling will be required.
Tasks described above shall be performed in accordance with the Contractor's Proposal submitted
to the City.
All tasks described above shall be completed within five (5) weeks, until the completion of the Golf
Club Drive Culvert Reconstruction Project, unless extended by mutual written agreement of the
parties.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
Payment For services rendered under this Agreement shall be paid as follows:
Hours Rate Total
Field Technician
Soils Tech —Subgrade 4 hours @ $75.00/hour $300.00
Soils Tech— Base 4 hours @ $75.00/hour $300.00
Soils Tech —Culvert backfill 8 hours @ $75.00/hour $600.00
Soils Tech—Asphalt 2 hours @ $75.00/hour 1$ 50.00
$1,350.00
Professional Staff
Pregrade Meeting 1 hours @ $151.00/hour $151,00
Field Observation, Staff 8 hours @ $102.00/hour 8�16_00
$967.00
Reports
Reports (Subgrade Evaluation and 1 report @ $1,000.00 $1,000.00
Final Certification)
Laboratory Testing
Maximum Density Test 2 tests @ $175.00/test $350.00
TOTAL NOT TO EXCEED: $ 3,667.00
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EXHIBIT "C"
INSURANCE PROVISIONS
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to City,
public liability and property damage insurance against all claims for injuries against persons or
damages to property resulting from Consultant's performance under this Agreement.
Consultant shall also carry workers' compensation insurance in accordance with California
workers' compensation laws. Such insurance shall be kept in full force and effect during the
term of this Agreement, including any extension thereof, and shall not be cancelable without
thirty (30) days written notice to City of any proposed cancellation. Certificates of insurance
evidencing the foregoing and designating the City, its elected officials, officers, employees,
agents, and volunteers as additional named insureds by original endorsement shall be
delivered to and approved by City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the same
shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected
officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000) combined single limit coverage per occurrence;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000) per occurrence;
3. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars ($1,000,000) per occurrence.
For any claims related to this Agreement, Consultant's insurance coverage shall be
primary insurance as respects City and its respective elected officials, officers, employees,
agents, and volunteers. Any insurance or self-insurance maintained by City and its respective
elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's
insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability
Insurance only, the insurer shall waive all rights of subrogation and contribution it may have
against City, its elected officials, officers, employees, agents, and volunteers-
B. Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class
VIII, or better, unless otherwise acceptable to the City.
C. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by
a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to
be received and approved by the City before work commences. City reserves the right to
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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 a specific contract" or"for any and all work performed
with the City" may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-insurance the
City may have" ("as respects a specific contract" or "for any and all work performed with
the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration date
thereof, the issuing company 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. See example below.
4. Both the Workers' Compensation and Employers' Liability policies shall contain the
insurer's waive of subrogation in favor of City, its elected officials, officers, employees,
agents and volunteers. See example below.
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policy.
All certificates and endorsements are to be received and approved by the City before
work commences. Failure to obtain the required documents prior to the commencement of
work shall not waive the contractor's obligation to provide them.
Cancellation Example:
SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE ISSUING INSURER WILL FnNQFA ino TO MAIL 30 DAYS-
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED
HEREIN BUT FAILURE TO MAIL S GH nlnTlrF= cSHAtl=�i
4AP4)4F nIn OBLIGATION no I InQu ITv nE nnl4 KIND I IonP
TL.1�_rW_I 1, E-R ITC AGENTS no REDIRECEnITATIVEQ
"The broker/agent can include a qualifier stating "10 days notice
for nonpayment ofpremium-
Waiver of Subrogation Example:
"IT IS UNDERSTOOD AND AGREED THAT THE COMPANY
WAIVES THE RIGHT OF SUBROGATION AGAINST THE
ABOVE ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE
ATTACHED HERETO."
5076391
D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the City, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, and defense expenses.
E. _Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect
to the limits of the insurer's liability.
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