HomeMy WebLinkAbout04818 - SCHMIDT SERVICES AIRPORT SOIL STERILIZATION Document Tracking
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port: Expired Documents: Oldest Date= / /for ALL Groups,ALL Services,XREF=AIRPORT -Summary May 9,2005
/Document# Document Description Approval Date Expiration Date Closed Date
A4756 Architectural Service For Remod Signature Flight Support Total 08/28/2003 08/01/2004
Company Name: John Trublood Architect
Address: 121 S. Palm Canyon Dr., Palm Springs, CA 92262
Service: In File
xRef: AIRPORT
Ins. Status: A policy has Expired.
A4809 Non Signatory Airline Operating Permit 12/03/2003 06/01/2004
Company Name: M N Airlines D B A Sun Country /y
Address: 1300 Mendota Heights Road, Mendota Heigts, MN 55120 �`t `O $f��
Phone: �{r ! ?
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Service: Lease Agreement "F
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xRef: AIRPORT cs � �
Ins.Status: A policy has Expired.
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A4818 Soil Sterilization Services At P S International Airport$26,200 Mo7431 01/21/2004 02/01/2005 s w •
Company Name: Schmidt Services L L C
Address: 75-376 Stardust Lane, Indian Wells, CA 92210 r
Service: In File
xRef: AIRPORT °�y�,��r �
Ins. Status: A policy has Expired.
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Schmidt Services
Airport Soil Sterilization
AGREEMENT #4818
M07435, 1-21-04
CITY OF PALM SPRINGS — — — - —
CONTRACT SERVICES AGREEMENT
for
Soil Sterilization Services
at the Palm Springs International Airport
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this,,-;?P day of January, 2004, by and between the CITY OF PALM SPRINGS, a municipal
corporation,(herein"City")and Schmidt Services, LLC,(herein"Contractor"). (The term Contractor
includes professionals performing in a consulting capacity.) The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of
first class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's
proposal or bid which shall be incorporated herein by this reference as though fully set forth herein.
In the event of any inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments. Contractor 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. Contractor shall have the sole obligation
to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against any such
fees,assessments,taxes penalties or interest levied,assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a) has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed, and (c)fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has or will
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
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commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder, Contractor shall
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers,documents, plans,studies and/or other components thereof to prevent losses or damages,
and shall be responsible for all such damages,to persons or property, until acceptance of the work
by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable
care and diligence to perform their respective obligations under this Agreement. Both parties agree
to act in good faith to execute all instruments, prepare all documents and take all actions as may
be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond that
specified in the Scope of Services or make changes by altering, adding to or deducting from said
work. No such extra work may be undertaken unless a written order is first given by the Contract
Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii)
the time to perform this Agreement, which said adjustments are subject to the written approval of
the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or
$25,000; whichever is less, or in the time to perform of up to one hundred eighty(180) days may
be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively must be approved by the City Council. It is expressly understood by Contractor that
the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the
risk that the services to be provided pursuant to the Scope of Services may be more costly or time
consuming than Contractor anticipates and that Contractor shall not be entitled to additional
compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B"
shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of twenty six thousand two hundred Dollars, ($26,200.00) (herein "Contract
Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump
sum payment upon completion, (ii) payment in accordance with the percentage of completion of
the services, (iii) payment for time and materials based upon the Contractor's rates as specified
in the Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods
as may be specified in the Schedule of Compensation. Compensation may include reimbursement
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for actual and necessary expenditures for reproduction costs, telephone expense, transportation
expense approved by the Contract Officer in advance, and no other expenses and only if specified
in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor
at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled
to any additional compensation for attending said meetings.
2.2 Method of Payment. Unless some other method of payment is specified in
the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no
later than the first(1 st)working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of the
invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than the last working day
of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractorshall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit"D", if
any, and incorporated herein by this reference. When requested by the Contractor, extensions to
the time period(s) specified in the Schedule of Performance may be approved in writing by the
Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure. The time period(s)specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be extended because
of any delays due to unforeseeable causes beyond the control and without the fault or negligence
of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually
severeweather,fires, earthquakes,floods,epidemics, quarantine restrictions, riots, strikes,freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer
in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent
of delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Contractor be entitled to recover damages against the City for any delay in the performance of this
Agreement,howevercaused, Contractor's sole remedy being extension of the Agreement pursuant
to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 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
of Performance (Exhibit "D").
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4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection therewith:
Eric Schmidt
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their
responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which 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. The Contract Officer shall have authority to sign all documents on behalf of the
City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a substantial
inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with
any other entity to perform in whole or in part the services required hereunder without the express
written approval of the City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,
whether for the benefit of creditors or otherwise, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more than twenty five percent (25%) of the present ownership and/or control of
Contractor, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder
without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to
Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In
requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have
been made or that no Local Subcontractors are qualified to perform the work. Said good faith
efforts may be evidenced by placing advertisements inviting proposals or by sending requests for
proposals to selected Local Subcontractors. The City may consider Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor shall keep evidence
of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
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4.4 Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth herein. City shall have no voice
in the selection, discharge, supervision or control of Contractor's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service. Contractor
shall perform all services required herein as an independent contractor of City and shall remain at
all times as to Citya wholly independent contractorwith only such obligations as are consistentwith
that role. Contractor 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. City shall not in any way or for any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractorshall procure and maintain,at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance written on a per occurrence basis with a combined single limit of a least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations.The Commercial General Liability Policy shall name the City of Palm
Springs as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language. The Commercial General
Liability Insurance shall name the City, its officers, employees and agents as additional
insured.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory requirements
of the State of California and which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount
of $1,000,000 bodily injury and property damage, Said policy shall include coverage for
owned, non-owned, leased and hired cars.
(d) Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit B.
All of the above policies of insurance shall be primary insurance. (Reference Section 5.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have
against the City, its officers, employees and agents, and their respective insurers. In the event any
of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No
work or services under this Agreement shall commence until the Contractor has provided the City
with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance, endorsements, or binders are
approved by the City.
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The contractor agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities or the activities of any
person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Contractor and such subcontractor shall require
the subcontractor to maintain the same polices of insurance that the Contractor is required to
maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnifythe City, its officers, agents
and employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities,(herein"claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work, operations
or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein,
orarising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part of the City,
its officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractorwill promptly pay anyjudgment rendered against the City,
its officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers,agents or employees is made a party
to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement,
in the form provided by the City Clerk, which secures the faithful performance of this Agreement,
unless such requirement is waived by the Contract Officer. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and
current copy of his power of attorney. The bond shall be unconditional and remain in force during
the entire term of the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terms and conditions of this Agreement.
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5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in California,
rated "A"or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the
Federal Register, unless such requirements are waived by the City Manager or designee of the City
("City Manager")due to unique circumstances. In the event the City Manager determines that the
work or services to be performed under this Agreement creates an increased or decreased risk of
loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the
performance bond required by this Section 5 may be changed accordingly upon receipt of written
notice from the City Manager or designee; provided that the Contractor shall have the right to
appeal a determination of increased coverage by the City Manager to the City Council of City within
ten (10) days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor 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. Contractor hereby acknowledges that the City is greatly concerned
about the cost of work and services to be performed pursuant to this Agreement. For this reason,
Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or
events that may or will materially increase or decrease the cost of the work or services
contemplated herein or, if Contractor is providing design services, the cost of the project being
designed,Contractor shall promptly notify the Contract Officer of said fact,circumstance,technique
or event and the estimated increased or decreased cost related thereto and, if Contractor is
providing design services,the estimated increased or decreased cost estimate forthe project being
designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such
books and records as shall be necessary to 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 times during normal business hours
of City, including the right to inspect, copy, audit and make records and transcripts from such
records. Such records shall be maintained for a period of three (3) years following completion of
the services hereunder, and the City shall have access to such records in the event any audit is
required.
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees, subcontractors and agents
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 Contractor
shall have no claim for further employment or additional compensation as a result of the exercise
by City of its full rights of ownership of the documents and materials hereunder. Any use of such
completed documents for other projects and/or use of uncompleted documents without specific
written authorization by the Contractor will be at the City's sole risk and without liability to
Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom.
Contractor may retain copies of such documents for its own use. Contractor shall have an
unrestricted right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Contractor
fails to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom.
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6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 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 Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten (10) days of service of such notice and completes the
cure of such default within forty-five (45)days after service of the notice, or such longer period as
may be permitted by the injured party; provided that if the default is an immediate danger to the
health, safety and general welfare, such immediate action may be necessary. Compliance with the
provisions of this Section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's right to take legal
action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the
Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any
amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the
payment of which may be in dispute hereunder or which are necessary to compensate City for any
losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be
liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform
Contractor's obligation under this Agreement. In the event that any claim is made by a third party,
the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which
shall appear to be the basis for a claim of lien, City may withhold from any payment due, without
liability for interest because of such withholding, an amount sufficient to cover such claim. The
failure of City to exercise such right to deduct or to withhold shall not, however, affect the
obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. 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.
7.5 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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7.6 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 declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any
delay in performance of this Agreement would be extremely difficult or impractical to determine in
the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall
pay to the City the sum of _-Not Applicable- ($ )as liquidated damages for
each working day of delay in the performance of any service required hereunder, as specified in
the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on
account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section fortermination
for cause. The City reserves the right to terminate this Agreement at any time, with or without
cause, upon thirty(30) days' written notice to Contractor, except that where termination is due to
the fault of the Contractor, the period of notice may be such shorter time as may be determined
by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement
at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that
where termination is due to the fault of the City, the period of notice may be such shorter time as
the Contractor may determine. Upon receipt of any notice of termination, Contractor shall
immediately cease all services hereunder except such as may be specifically approved by the
Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be
entitled to compensation for all services rendered prior to the effective date of the notice of
termination and for any services authorized by the Contract Officer thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer, except as
provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall
be entitled to compensation only for the reasonable value of the work product actually produced
hereunder. In the event of termination without cause pursuant to this Section,the terminating party
need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of
the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the City
shall use reasonable efforts to mitigate such damages), and City may withhold any payments to
the Contractor for the purpose of set-off or partial payment of the amounts owed the City as
previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall
include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be
entitled to all other reasonable costs for investigating such action,taking depositions and discovery
and all other necessary costs the court allows which are incurred in such litigation. All such fees
shall be deemed to have accrued on commencement of such action and shall be enforceable
whether or not such action is prosecuted to judgment.
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8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. The Contractor warrants that it has not
paid or given and will not pay or give any third party any money or other consideration for obtaining
this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,that there shall
be no discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
Agreement. Contractor shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, 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 prepaid,first-class mail, in the case of the City,
to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O.
Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the
address designated on the execution page of this Agreement. Either party may change its address
by notifying the other party of the change of address in writing. Notice shall be deemed
communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing
if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
9.3 Integration;Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations,arrangements,agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing.
9.4 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 a 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
10
sections of this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this Agreement
meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized
to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
SIGNATURES ON NEXT PAGE
11
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM: �
L�1.LT`D NS Vv� ,'G.9 B Y T HEu Ui sir GGUXC L
By:
City Attorney rA kb 11
CONTRACTOR: Check one:_Individual_Partnership _Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President,or any Vice
President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
By. By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: 11P1 Title:
Address: 775��� 1/T9/LDT Address:
State of State of ``
County )ss County of Iss
per5
On Qeforeme, r/r u0 before me,_
nFeared ��/(% U arsnnallyaPPeared,
personally known to me (or proved to me on the basis of personally known [o me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose names)is/ace- satisfactory evidencel to be the persons)whose names)is/are
subscribed to the within instrument antl acknowledged to me subscribed to fhe within instrument and acknowledged to me
that he/skekhey executed the same in hislFiaNtlaeu'authorized that helshe/they executed the same in his/her/their authorized
rapacity(ies), and that by his/IaeHfh2ir signatures) on the capaaty(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the
person(s)acted,executed the instrument. person(s)acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: �- ° J' ' Notary Signature:_
Notary Seal: Notary Seal:
I
M.JANE PERALTA
Commission f 1360412
-i Notary Public-California _
Riverside County
M Comm.Expires Jun 9,2006
20
.y .. . ..-"I�.�� . is �`
......�.
..
i ..�.i.. -,,, whl;
-. �.gy��•,a:ry;�:,.;tea,�_.'µ_,�.,, ., _
01/09/7004 FRI 14:28 FAX 002/002
i
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above,
CITY OF PALM SPRINGS
a municipal corporation
C
✓d" �Y,/�
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: Check one:_Individual_,Partnership_Gorporatfon
Corporations require two notarized signatures: One fmm each of the following: A. Chairman of Board,President,or any Vice
President;AND E,Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or C�hla`f an 'aLOfficar).
By: 8y f
Signature(notarized)' ® Signature(notarized)
Name: �� ame:
Title: / Itle:_
y � �
Address: l ' Address:
Stat of 1ll - State of `
of J55 County of Iss
On___befogy e, On before me
pemonallyappeared porsonallyappaared
personally known to me (or proved to me on the basis of personally known it, me (or proved to me on the basis of
satisfaclory evidence)to be the person(s)whose hamo(s)is/are eatisfacfory evidence)to be the pmaon(s)whose name(s)is/am
subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to his
that he/she/they exacuted the some in his/her/their authorized that ha/she/ihey executed the same in His/her/their authorized
capocity(tes), and that by his/her/their slgnatum(s) on the gpacity(es), and that by his/frer/their signatures) on the
instrument the person(s),orthe entity upon behalf of which the instrument the porsoh(s),or the entity upon behalf of which the
porson(s)acted,executed the instrument, pamon(s)acted,executed the Inswmenr_
WITNESS my hand and official seer, WITNESS my hand and official seal,
Notary Signature: Notary Signature;
Notary Seal: Notary Seal:
12
EXHIBIT "A"
SCOPE OF SERVICES
SCOPE OF WORK: The work shall consist of:
A. furnishing all labor, equipment, materials and supervision necessary to apply soil sterilant to
approximately 220 acres of Airport Safety Area, sufficient for a minimum of two (2) years activity
in suppressing all plant growth, and,
B. furnishing all necessary labor, equipment, materials and supervision to apply soil sterilant,
sufficient for a minimum of two (2) years activity in suppressing all plant growth, to approximately
18,000 lineal feet of Airport perimeter chainlink fenceline.
Work shall be performed in accordance with Contractor's Pest Control recommendation dated
1/4/2004,submitted with Contractor's bid response to IFB 04-06(copy of recommendation attached
as Exhibit "Al").
SITE DESCRIPTIONS:
A. Airport Safety Zone: Consisting of approximately 220 acres.
Fifty percent(50%)of the total(110 acres)will be treated under this contract each year. The areas
to be treated consist of sandy soil, graded but with some large basin areas, covered with 2.5 "
crushed rock to a 5"depth. Existing weed growth is minimal to non-existent over the areas of work.
Removal of existing weed growth is not required. Application of soil sterilant, sufficient for a
minimum of two (2) years activity in suppressing all plant growth, is required. Particular attention
to complete application around and adjacent to Airfield guidance signs and equipment, and in flood
control basins, is required. Additionally, adjacent paved surfaces shall be overlapped sufficiently
with herbicide to prevent weed growth along pavement edges.
B. Perimeter Fence: Consisting of approximately 18,000 lineal feet of chainlink Airport perimeter
fence, with some existing weed growth present. Application of soil sterilant, sufficient for a
minimum of two(2)years activity in suppressing all plant growth, is required. A spray width of 3 ft.,
on each side of the fenceline, is required. Adjustments shall be made to prevent damage to any
existing adjacent landscaping.
MATERIALS SPECIFICATIONS:
A. Soil sterilant shall be non-selective, and both pre- and post-emergent. It shall provide complete
weed control for a minimum of two years.
B. Herbicide labels shall state suitability of materials for use on sandy soil, as found at Palm
Springs International Airport. Herbicides shall not subject underlying groundwater to potential
contamination, when used according to manufacturer's label.
C. Herbicides shall be mixed and applied in strict accordance with manufacturer's labeling
instructions. A minimal amount of dye indicator(such as Blazon) shall be added to each tank mix
to ensure proper application of material.
D. Water for chemical application shall be supplied on-site by the Airport.
13
E. All herbicides proposed for use during the course of this work must be reviewed and approved
by the Airport Maintenance Superintendent. All bidders shall submit adequate information to allow
the Maintenance Superintendent to make a determination as to acceptability of the proposed
product.
RESTRICTED AIRFIELD ACCESS:
Much of the work to be performed is in the restricted Airfield Operations Area, with exposure to
arriving and departing aircraft. Contractor shall be escorted at all times within the restricted area
by an employee assigned by Palm Springs International Airport. The employee will monitor air
traffic operations, and coordinate herbicide spray operations with the Air Traffic Control Tower.
VEHICLE FLAG REQUIREMENT:
An orange and white checked safetyflag shall be displayed on all vehicles used by Contractorwhile
performing the scope of services. All flags to be utilized must be approved in advance by the
Airport Maintenance Superintendent.
DAMAGE CONTROL:
Contractor shall be responsible for any damages occurring, on or off-site, as a result of the spray
operation, where such damage is attributable to improper application of chemicals or negligence
on the part of the Contractor. Care shall be exercised to prevent chemical drift which may cause
damage to off-site plant materials.
NON-INTERFERENCE, HOURS OF OPERATION:
Contractor shall not interfere with public use of the premises. All operations shall be coordinated
with the Contract Administrator, Airport Maintenance Superintendent Craig Toms, at (760) 318-
3800. All chemical applications shall be conducted during daylight hours. Timing of the work shall
be such that the least amount of interference with Airport operation, and arriving and departing
aircraft, is maintained.
14
EXHIBIT "Ali'
*HMIEM
ERVICES,iu•'
CUSTOM SPRAYING
PEST CONTROL RECOMMENDATIONS
Operator of the Property City of Palm Springs .5/1/LUUJ Recom7nBlllla ft Expiration Date
Address 3400 East Tahquitz Canyon Way city Palm Springs county Riverside
Location to be Treated
Airport Safety Areas on the airfield and along all perimeter chain link fencing
Commodity to he Treated Acres or Units to be Treated
None-(soil sterilization) Up to 230 Acres
Method of Application: Pest(s)to be Controlled
All Vegetation
Air rX7 Ground 0 Fumigation Other
Name of Pesticide(s) Rate/Acre or Unit Dilution Rate Volume per Acre or Unit
Spike SODS Specialty Herbicide 1.5 to 31bs.per acre 50 gal/Acre
H1. Highly toxic to bees Schedule,Time or Conditions
2. Toxic to birds,fish and wildlife As conditions require,Avoid gusty wind conditions
X 3 Do not apply during irrigation or when run-off Surrounding Crop Hazards
is likely to occur Avoids ray contact near desirable plants
® 4. Do not apply near desirable plants Proximity of Occupied Dwellings,People,Pets or Livestock
5. Do not allow to drift onto humans,animals,
desirable plants or property N/A
6. Keep out of lakes,streams and ponds Non-Pesticide Pest Control,Warnings and Other Remarks
7. Birds feeding on treated area may be killed
B. Do not apply when foliage is wet(dew,rain,et
9. May cause allergic reaction to some people
10. This product is corrosive and reacts with Read label carefully,Avoid drift,Calibrate equipment
certain materials
11. Closed system required Criteria Used for Determining Need for Pest Control Treatment:
12. Restricted use pesticide(California and/or Federal) 0 Sweep Net Counts 0 Leaf or Fruit Counts IM Preventative
13. Hazardous area involved(see map and warnings) Field Observation 0 Pheromone or Other Trap Soil Sampling
14. Other(see attachment) History0 Other
Crop and Site Restrictions:
1. Worker reentry interval 0 days
2. Do not use within_days of harvest/slaughter
3. Posting required Yes No _days
4. Do not irrigate for at least_days after application
5. Do not apply more than_applications per season
6. Do not feed treated foliage or straw to livestock
7. Plantback restrictions(see label)
B. Other see attachment
I certify that alternatives and mitigation measures that would
substantially lessen any significant adverse impact on the
environment have been considered and,if feasible,adopted.
X`4�*�' 1/4/04
Adviser Signature Date
01968
Adviser License Number
Schmidt Services, LLC
Employer
75-376 Stardust Lane, Indian Wells, CA
Employer's Address
Psl CaMlol fleeommmaalian
EXHIBIT "B"
SPECIAL REQUIREMENTS
The Requirements of Section 5.3 for a Performance Bond are hereby waived.
16
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Compensation Rates: Contractor shall be compensated at the following rates for the services
provided:
Airfield Safety Area $115 per acre
Airport Perimeter Fence $.05 per lineal foot
Total Compensation: Compensation for services shall not exceed the following amounts:
Airfield Safety Area: 220 acres at $115/acre $25,300
Airport Perimeter Fence: 18,000 If at $.05/If $ 900
Total compensation shall not exceed $26,200.
Progress Payments: Progress (partial) payments will be made upon completion of the portions
of work identified in Exhibit `D' Schedule of Performance.
17
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
SCHEDULE OF PERFORMANCE:
For work to be done this season, consisting of 110 acres of airfield safety area and all 18,000 If
of perimeter fencing, work shall be performed between January 22 and February 13, 2004. All
work must be completed later than February 13, 2004.
For the work to be done next season, consisting of the remaining 110 acres of airfield safety
areas, work shall be performed between January 10 and February 11, 2005. All work must be
completed no later than February 11, 2005.
18
DATE(MM/DD/YY)
06/17/2003
PRODUCER AND THE GROUP MASTER POLICY NAMED INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
North America Chemical Users and Applicators Association,Inc.,A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Risk Retention"Purchasing Group"qualified mrdet the Risk Retention HOLDER,THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Act of 1986;Federal Law 97.45. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O.Box 520400
Salt Lake City,Utah 84152-0400 INSURERS AFFORDING COVERAGE
INSURED ADDITIONAL PARTICIPATING MEMBER INSURER A NOTICE:Coverage is being provided as part of a MASTER GROU
Eric Schmidt INSURER B POLICY ISSUED TO MEMBERS of the North America Chemical
Schmidt Services,LLC Users and Applicators Association,Inc.,A Risk Retention
INSURER C 'Purchasing Group',authorized under the Risk Retention Act of 1986
INSURER D: Federal Law 97.45,.In the State of Utah by Certain Underwriters at
Indian Wells CA 92210 INSURER E:n Stardust Lane Lloyd's,London,choice of law and venue provisions apply. - -
Indian
INSURER F'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DISCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INST' POLIGYEPFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDD/YY) DATE(M[NI/DD/YY) LIMITS
COMMERCIAL LIABILITY EACH OCCURENCE $ $300,000.00
COMMERCIAL LIABILITY FIRE DAMAGE(Anyone fre) $
CLAIMS MADE ❑ OCCUR MED EXP(Any one parson) S
y Group Master Commercial PERSONAL AOV INJURY $
LPCO210 LC030502004 07/05/2003 07/05/2004
Manuscript Policy GENERAL AGGREGATE $ $1,000,000.00
GEN'L AGGREGATE LIMIT APPLIES PER- PRODUCTS-COMP/OP AGO S
POLICY 7 PROJECT LOCATIO
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
NAMED DRIVER COVERAGE (Ea Accident) $
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per Person) $
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per Accident) $
PROPERTY DAMAGE
(Per Accident) $
OTH R COVERAGES OTHER LIMITS
7 $
OTHER LIMITS S
EXCESS LIABILITY i �,ri C� C�TTTT �i�� inn EACH OCCURANCE $
OCCUR ❑ CLAIMS MADE "LIMITS SH VYLX APX AGGREGATE _$
DEDUCTIBLE THOSE IN E 'FECT AS $
RETENTION $ $
1 MLIC a -
WORKERSCOMPENSATIONAND WCSTATLL I OTHER S
S
EMPLOYERS'LIABILITY EL EACH ACCIDENT $
E.L.DISEASE EA EMPLOYEE$
E L.DISEASE POLICY LIMIT $
OTHER City of Palm Springs is hereby I sted as Additional Insured Soley as respi cts to liability arisi ig out of the services and operations agreed to I a performed for such
Additional Insured by or on beh ilf of the Participating Member as per Eric orsement RPG 94- .
DESCRIPTION OF OPERATION/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Weed Control,Tree Spraying,Fertilizer,Lawn&Shrub Chemical Application
CERTFICATE HOLDER ./ JADDITIONAL INSURED CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEVOR TO MAIL 10 DAYS WRITTEN
City of Palmm Springs NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
P.O.Box 2743 REPRESENTATIVES.
Palm Springs,CA 92263-
Craig Gladdets AUTHORIZED REPRESENTATIVE OF THE
"PURCHASING GROUP"
cedificateo0nsurance 4.7-2000 A X& /^ &L11,
-, I , L . I lend I D Janet Date:1/1 412 0 0 4 Time: 1:13:18 PM Page 2 of 2
01/14/2004 10:59 No.6133 P002
POLICYHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO. CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISS.M DATE; 01-09-2004 GROUP:
POLICY NVIVIDER: 1744863-2003
CERTIFICATE ID; 1
CERTIFICATE EXPIRES: 10-01-2 004
10-01-2003/10-ol-zoos
CITY OF PALM SPRINGS ^�
PURCHASING DEPT, , CRAIG
PO BOX 2743
PALM SPRINGS CA 92263
This is to certify that we have issued a valid Workers Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the polipy period indicated,
This policy is not subject to cancellation by the,Fund except upon 10 days advance written notice to the employer
We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance Is not an insurance policy and does not amend,extend or alter the coverage afforded by the
policies listed herein Notwithstanding any requirement,term or condition of any contractor other document with
respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies
described herein Is subject to all the terms,exduslona,and conditions,of such politics.
AUYH [ZEDMPRE$enTATIVE MEslueriT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDCRSEMENT #1901 - ERIC S(79MIDT - EXCLUDED-
EMPLOYER
SCHMIDT SERVICES, LLC
75376 STARDUST LANE
INDIAN WELLS CA 52210
WN9:01-1fnN
SCIF 10Mn AewPl,js ewLlAcW mly lryw Np•fa R,om Mwk M.I�'OFFICIAL STATE FU♦b DOCUMEM' 'AGE 11)FI
Progressive Corp 1/21/2004 11 : 43 PAGE 2/2 RightFax
Progressive Insurance PHOGiIElf/1/E®
Commercial Vehide DIV§on
5300 Wilson Mills Read COMMERCIAL V UCLE IN90NANCE
Mayfield Village,OH 44143
800-444.4487 Policy number: 04757031.1
January 21,2od4
Page 1 of 1
Certificate of Insurance
Certilkate Holder Insured Agent
ERIC SCHMIDT ERIC SCHMIDT KENNEDY INS AGCY
75376 STARDUST LN SCHMIDT SERVICES PO BOX 9747
INDIAN WELLS, C4 92210 75376 STARDUST LN SAN JOSE,CA 95157
INDIAN WELLS,CA 92210
This document certifies that insurance policies identified below have been issued by the designated insurer tothe
insured named above for the periods)indicated. This Certificate is issued for information purposes only. It confers no
rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies
listed below. The coverages afforded hythe policies listed below are subject to all the terms, exclusions, limitations.
endorsements, and conditions of these policies.
....... .. ... ..... .. ....... .. ......... .. . ......... . ......... . ........ ............. . ..... ... . .. ..
Policy Effective Date: Feb 25,2003 Policy Expiration Date: Feb 25,2004
Insurance coverage(s) Lin Hs
Bodily Injury/Properly Damage $1,000,000 Combined Single Limit
Uninsured/Undennsured Motorist $30,000/$60,000
Description of Location/Vehicles/Special Items
Scheduled autos only
2066F6RDPICKUP14PF1WLYNC19285 Stated Amount $12,000
Comprehensive $1,000 Ded
Collision $1,000 Ded
1986 FORD PICKUP 2F6JF37L46665987
2003ISUZU FLATBED TR664KLC461UD31803341 Stated Amount $20,000
Comprehensive $1,000 Ded
Collision $1,000 Ded
Certificate number
02104BRIa031
Please he advised that the certificate holder will not be notified in the event of a mid-term cancellation.
U
Form 5241(10/0)
Progressive Corp 1/21/2004 11 : 42 PAGE 2/2 RightFax
Progressive Insurance PR06RIMNE®
Commerual Vehicle Di-Nlsion
6300 W lson Mills Read ...me...L VPJIICL!IN9u....
Mayfield Village,01144143
800-444-4497 Policy number: 04757031-2
January 21,2004
Page 1 of 1
Certificate of Insurance
Cortificam Holder Insured Agent
ERIC SCHMIDT ERIC SCHMIDT KENNEDY INS AGCY
75376 STARDUST IN SCHMIDT SERVICES PO BOX 9747
INDIAN WELLS, CA 92210 75376 STARDUST LN SAN JOSE,CA 95157
INDIAN WELLS,CA 92210
This document certifies that insurance policies identified below have been issued by the designated insurer to the
insured named above for the periods)indicated. This Certificate is issued for information purposes only. It confers no
rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies
listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations
endorsements, and conditions of these policies.
Policy Effective Date: Feb 25,2004 Policy Expiration Date: Eeb 25,2005
Insurance coverage(s) L-mirs
......, ... . ..... .. ... . .. .. . ... . ..,.. .. .....,.. ........... ....., . .. ..... .. .... . .. .. ..,
Bodily Injury/Property Damage $1,000,000 Combined Single Limit
Description of Location/Vehicles/Special Items
Scheduled autos only
Certificate number
02104BRHO31
Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation.
V
Form 5241(002)
INSURANCE APPROVAL FORM
PROJECT NAME: Airfield Soil Sterilization at Palm Springs International Airport
CONTRACTOR NAME: Schmidt Services, LLC
PROJECT NUMBER: Invitation for Bids No 04-06
TYPE OF INSURANCE: General Liability
NAME OF INSURER: North America Chemical Users and Applicators Association, Inc (a
Risk Retention "Purchasing Group")
RATING OF INSURER: Not Available, Re-insurer is Lloyd's of London
EXPLANATION FOR WAIVER:
Contractor's$1,000,000 general liability policy meets our minimum policyamount, but is not carried
by an admitted (California) insurer.
Contractor's policy is carried through a Risk Retention "Purchasing Group". Such groups are
authorized under Federal legislation (Risk Retention Act of 1986, Federal Law 97.45) and are not
required to follow each individual State's insurance legislation.
Members of the North America Chemical Users and Applicators Association (NACUA) carrying
polices with the group are responsible for the first$2500 of liability. The balance of the liability on
each policy is re-insured with Lloyd's of London, a non-admitted insurer.
Ross Jones, the City's insurance broker, was contacted to review the above. Since the
Contractor's self-insured amount is so low ($2500) with the balance (up to the policy amount
of$1,00,00) covered by reinsurance with Lloyd's, the City's risk was deemed low. Ross deems
Lloyd's of London reliable, though not an admitted insurer in the State of California.
°, RUC J NtON
Senior Co tracting Specialist
DAVID H. READY''/
f v
��� City Manager