HomeMy WebLinkAboutMead & Hunt 2008-03-18This agreement shall be considered a contract, and is entered into this 18th day of March,
2008, by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter
referred to as "CITY" and Mead & Hunt, Inc., a Corporation, hereinafter referred to as the
"CONSULTANT."
PREMISES
The purpose of this agreement is the preparation and completion by CONSULTANT of a
Reassessment and Modification Report for the B-2 Airport Compatibility Zone north of the airport in
the Downtown/Perkins Street Corridor Form Based Code Planning Area. The scope of work is more
particularly described in the Exhibit "A", attached to this agreement.
The Final Report prepared by the CONSULTANT shall be prepared in such form and with
such content suitable and adequate the CITY to clearly understand its options in regard to
proceeding with possible formal amendments to the Ukiah Municipal Airport Master Plan Report.
CITY may retain independent contractor to perform special services for CITY or any
department thereof.
CONSULTANT is willing and able to perform duties and render services in preparation and
completion the Reassessment and Modification Report for the B-2 Airport Compatibility Zone north
of the airport in the Downtown/Perkins Street Corridor Form Based Code Planning Area. This work
has been determined by the City Council to be necessary for the welfare of residents of the CITY.
CITY believes the provision of these services to the residents is in their best interests, and
CONSULTANT agrees to perform such duties and render such services as outlined below:
AGREEMENT
CITY and CONSULTANT agree as follows:
ARTICLE 1
SERVICES OF CONSULTANT
1.01 CONSULTANT shall provide those technical, expert, and professional Airport
Planning services as described in Exhibit "A," which consists of the scope of
services, dated October 23. 2007, which is attached hereto as Exhibit "A" and
incorporated herein. CONSULTANT shall provide such services within the time
limits described below.
1.02 The absence, omission, or failure to include in this agreement items which are
considered to be a part of normal procedure for a study of this type or which involve
professional judgement, shall not be used as a basis for submission of inadequate
work or incomplete performance.
1.03 CITY relies upon the professional ability and stated experience of CONSULTANT as
a material inducement to entering into this agreement. CONSULTANT understands
the use to which the CITY will put his work product and hereby warrants that all
information contained in the Reassessment and Modification Report for the B-2
Airport Compatibility Zone north of the airport in the Downtown/Perkins Street
Corridor Form Based Code Planning Area shall be made and prepared in
accordance with generally accepted professional practices.
1.04 CONSULTANT shall bear the cost of reproduction and postage for the
Reassessment and Modification Report for the B-2 Airport Compatibility Zone north
of the airport in the Downtown/Perkins Street Corridor Form Based Code Planning
Area.
1.05 CONSULTANT shall deliver two (2) copies of the Draft Reassessment and
Modification Report for the B-2 Airport Compatibility Zone north of the airport in the
Downtown/Perkins Street Corridor Form Based Code Planning Area within ten 10
weeks after contract execution and the issuance of the Notice to Proceed. The Final
Report shall be submitted in hard-copy and in an electronic format approved by the
CITY.
1.06 CONSULTANT shall perform any additional services as may be required due to
significant changes in general scope of the project. Such additional services shall be
paid for by supplemental agreement and shall conform to the rates of payment
specified in Article V below.
ARTICLE If
SERVICES OF CITY
2.01 CITY shall provide any information as to its requirements for performance of the
agreement not already contained in Exhibit "A."
2.02 Upon request, CITY shall provide CONSULTANT any information in its possession
or reasonably available to it that consultant may need to perform services under this
agreement.
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ARTICLE III
TERM OF AGREEMENT
3.01 The term of this agreement shall commence on the effective date and shall terminate
when the CITY has formally accepted the final version of the Reassessment and
Modification Report for the B-2 Airport Compatibility Zone north of the airport in the
Downtown/Perkins Street Corridor Form Based Code Planning Area.
This agreement may be extended on its same terms and conditions upon written
agreement between the Planning Director and CONSULTANT.
3.02 The execution of this agreement by the CITY shall constitute the CONSULTANT'S
authority to proceed immediately with the performance of the work described by
Exhibit "A."
3.03 All work by CONSULTANT shall be completed pursuant to Exhibit "A" and paragraph
1.05 above in a reasonable timeframe according to the established deadlines.
CONSULTANT shall not be held responsible for delays caused by circumstances
beyond its control.
3.04 CONSULTANT acknowledges that timely performance of services is an important
element of this agreement and will perform services in a timely manner as provided
in paragraph 1.05 above and consistent with sound professional practices.
3.05 If CITY requests significant modifications or changes in the scope of this project the
time of performance shall be adjusted appropriately. The number of days of said
extension shall be the final decision of CITY.
ARTICLE IV
COST OF SERVICES
4.01 CONSULTANT has been selected by the CITY to provide services described in
Exhibit 'A," attached hereto and incorporated herein by reference, for which
compensation shall not exceed fifteen thousand dollars ($15,000.00).
4.02 Cost overruns or failure to perform within the maximum compensation ceiling
established in 4.01 above shall not relieve CONSULTANT of responsibility to provide
those services specified in Exhibit "A", for a total compensation including
reimbursable expenses not to exceed $15,000.00. CONSULTANT shall be
responsible for delivering one Administrative Draft document (2 copies) and one
Final Draft document (2 copies - 1 electronic version in Word format), and
attendance at three (3) meetings. Additional versions of the Draft documents and
additional attendance at meetings shall require agreement between CITY and
CONSULTANT and be billed on a time and materials basis perthe January 1, 2008
CONSULTANT Standard Billing Rate Schedule attached to Exhibit "A."
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ARTICLE V
PAYMENT FOR SERVICES
5.01 CITY shall pay CONSULTANT for work required for satisfactory completion of this
agreement in amount to be determined in accordance with the method described in
paragraph 5.02 below.
5.02 Payment scheduling: Total payment for the project shall not exceed $15,000.00.
Fees for professional services as outlined herein shall be paid on a time and
materials basis according to the CONSULTANT fee schedule attached to Exhibit
"A.". A detailed explanation of services and associated fees shall be listed on each
invoice submitted by CONSULTANT.
5.03 Payment to CONSULTANT shall be based on an itemized invoice submitted by
CONSULTANT not more frequently than monthly. The invoices shall detail the time
expended by each employee of the CONSULTANT (date, hours worked, tasks
performed), as well as all reimbursable expenses and total project costs shall not
exceed$15, 000.00.
5.04 Payments will be made by CITY within thirty (30) days of receipt of invoice from
CONSULTANT.
5.05 If CITY substantially alters the scope of work to include additional analyses, the total
payment and cost of services may be changed by amending the agreement.
ARTICLE VI
PROJECT INSPECTION AND ACCOUNTING RECORDS
6.01 Duly authorized representatives of the CITY shall have right of access to the
CONSULTANT'S files and records relating to the project included in the agreement
and may review the work at appropriate stages during performance of the work.
6.02 CONSULTANT must maintain accounting records and other evidence pertaining to
costs incurred, which records and documents shall be kept available at the
CONSULTANT'S California office during the contract period and thereafter for three
(3) years from the date of final payment.
ARTICLE VII
DISPOSITION OF FINAL REPORTS
7.01 All documents and associated materials and backup data as required by this
agreement shall be and shall remain the sole property of CITY.
7.02 CONSULTANT'S attention is directed to the required notice under Government
Code Section 7550, which states in part that "any documents or written reports
prepared as a requirement of this contract shall contain, in a separate section
preceding the main body of the document, the number and dollar amounts of all
contracts and subcontracts relating to the preparation of those documents or reports
if the total cost for work by non-employees of the public agency exceeds $5,000.00."
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ARTICLE Vill
TERMINATION OF AGREEMENT
8.01 At any time CITY may suspend indefinitely or abandon the project, or any part
thereof, and may require CONSULTANT to suspend the performance of the service.
In the event the CITY abandons or suspends the project, CONSULTANT shall
receive compensation for services rendered to date of abandonment and
suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03
herein.
8.02 It is understood and agreed that should CITY determine that any part of the work
involved in the program is to be suspended indefinitely, abandoned, or canceled,
said agreement shall be amended accordingly. Such abandonment or cancellation
of a portion of the program shall in no way void or invalidate this agreement as it
applies to any remaining portion of the project.
8.03 If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt,
efficient, and thorough service, or if CONSULTANT fails to complete the work within
the time limits provided, CITY shall have the right to give notice in writing to
CONSULTANT of its intention to terminate this agreement. The notice shall be
delivered to CONSULTANT at least seven (7) days prior to the date of termination
specified in the notice. Upon such termination, CITY shall have the right to take
CONSULTANT'S studies and reports insofar as they are complete and acceptable to
CITY, and pay CONSULTANT for his performance rendered, in accordance with
Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to
terminate, less the amount of damages, general or consequential, which CITY may
sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations
under this agreement.
ARTICLE IX
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
9.01 HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the
CITY, its agents, officers, and employees against and from any and all claims,
lawsuits, actions, liability, damages, losses, expenses, and costs (including but not
limited to attorney's fees), brought for, or on account of, injuries to or death of any
person or persons including employees of the CONSULTANT, or injuries to or
destruction of property, arising out of, or resulting from, the performance of the work
described herein, provided that any such claim, lawsuit, action, liability, damage,
loss, expense, or cost is caused in whole or in part by any negligent or intentional
wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or
indirectly employed by any of them, or any forwhose acts any of them may be liable.
CONSULTANT shall have no duty to indemnify or defend CITY under this
paragraph if the damage or injury is caused by the active and sole negligence or
willfully wrongful actor omission of CITY or its officers or employees. CITY agrees
to timely notify CONSULTANT of any such claim and to cooperate with
CONSULTANT to allow CONSULTANT to defend such a claim.
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ARTICLE X
INSURANCE
10.01 CONSULTANT, at its expense, shall secure and maintain at all times during the
entire period of performance of this agreement, insurance as set forth in Exhibit "B",
attached hereto, and incorporated herein by reference.
ARTICLE XI
GENERAL COMPLIANCE WITH LAWS
11.01 It is understood and agreed that the CONSULTANT will comply with all federal, state
and local laws and ordinances as may be applicable to the performance of work
under this agreement.
11.02 CONSULTANT shall secure a City of Ukiah Business License prior to commencing
work.
ARTICLE XIII
NONDISCRIMINATION
12.01 CONSULTANT certifies that it is in compliance with the Equal Employment
Opportunity Requirement of Executive Order 11246, as amended by Executive Order
11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment
Practices Act, and any other Federal or State laws pertaining to equal employment
opportunity and that it will not discriminate against any employee or applicant for
employment on the basis of race, color, religion, handicap, age sex, national origin,
or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer,
compensation, or termination.
12.02 In the event of the CONSULTANT'S noncompliance with the nondiscrimination
provisions of this agreement, the CITY shall impose such contact sanctions as it may
determine to be appropriate including, but not limited to:
a. Withholding of payments to the CONSULTANT under the agreement until
the CONSULTANT complies, and/or
b. Cancellation, termination, or suspension of the Agreement in whole or in
part.
ARTICLE XIV
INDEPENDENT CONSULTANT
13.01 The CONSULTANT, in accordance with its status as an independent contractor,
covenants and agrees that it will conduct itself consistent with such status, that it will
neither hold itself out as nor claim to be an officer or employee of the CITY by reason
hereof, and that it will not by reason hereof, make any claim, demand, or application
to or for any right or privilege applicable to an officer or employee of the CITY
including, but not limited to, worker's compensation coverage, unemployment
benefits, and retirement membership or credit.
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ARTICLE XV
SUCCESSOR AND ASSIGNMENTS
14.01 The CITY and the CONSULTANT each binds itself, its partners, successors, and
executors, administrators, and assigns to the other party to this agreement, and to
the partners, successors, executors, administrators, and assigns to such party in
respect to all covenants of this agreement.
14.02 Except as stated above, neither the CITY nor the CONSULTANT shall assign,
sublet, or transfer his interest in this agreement without the written consent of the
other, however, the CONSULTANT reserves the right to assign the proceeds due
under this agreement to any bank or person.
14.03 In the case of death of one or more members of the firm of the CONSULTANT, the
surviving member or members shall complete the professional services covered by
this agreement.
ARTICLE XVI
EXTENT OF AGREEMENT
15.01 This agreement shall consist of this agreement, the Scope of Services, dated
October 23, 2007, identified as Exhibit "A", as attached hereto and incorporated
herein, and the insurance requirements set forth in the attached Exhibit "B."
15.02 This agreement constitutes the whole agreement between the CITY and
CONSULTANT and any other representations or agreements are superseded by the
terms of this agreement.
ARTICLE XVII
PARAGRAPH HEADINGS
16.01 The paragraph headings contained herein are for convenience and reference only
and are not intended to define or limit the scope of this contract.
ARTICLE XVIII
NOTICE
17.01 Whenever a notice to a party is required by this agreement, it shall be deemed given
when deposited with proper address and postage in the U.S. mail or when personally
delivered as follows:
CITY: City of Ukiah
Civic Center
300 Seminary Drive
Ukiah, California 95482
ATTN: Charley Stump, Director
Planning and Community Development
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CONSULTANT/
CONTRACTOR: Mead & Hunt, Inc.
133 Aviation Blvd., Suite 100
Santa Rosa, California 95403
ATTN: Jon Faucher
ARTICLE XIX
DUPLICATE ORIGINALS
18.01 This agreement may be executed in one or more duplicate originals bearing the
original signature of both parties and when so executed and such duplicate original
shall be admissible as proof of the existence and terms of the agreement between
the parties.
ARTICLE XX
FORUM SELECTION
19.01 CONSULTANT and CITY stipulate and agree that any litigation relating to the
enforcement or interpretation of the agreement, arising out of CONSULTANT°s
performance or relating in any way to the work shall be brought in Mendocino County
and that venue will lie in Mendocino County.
CONSULTANT hereby waives any right it might otherwise have to seek a change of
venue based on its status as an out of county corporation, or on any other basis.
IN WITNESS (HEREOF, the parties hereto have caused their duly authorized officers to
execute this agreement in duplicate the day and year first above written.
CITY OF UKIAH
Pat Thompson, Interim City Manager
APPROVED AS TO FORM:
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Thank you for your interest in Mead & Hunt's assistance in modification of the airport
compatibility criteria for your form-based zoning project. We would be happy to offer our
services.
The scope of work as you have outlined it seems fairly straightforward. Basically, we
would evaluate your proposed zoning relative to the current airport land use compatibility
criteria and seek to identify modifications to either or both that would enable the city to
meet its development needs while still preserving land use compatibility with airport
activity. We will write a brief report describing our analysis and recommendations. Also, if
need be, we can meet with city staff, the Planning Commission, City Council, and/or the
Mendocino County Airport Land Use Commission to discuss our report.
We would prefer to work on a time and materials basis on this small project. In that
manner, the city and M&H will have the flexibility to adjust the work effort in response to
the needs of the project as they may evolve. Also, a time and materials billing will enable
us to attend meetings to the extent desirable.
We suggest that a not-to-exceed budget of fifteen thousand dollars ($15,000) be set for
the project. If no complications arise during the work and we do not need to attend
meetings to present our analysis, then much less than this amount would be required. A
copy of the 2007 Mead & Hunt Standard Billing Rate Schedule is attached. Dave Dietz's
and my time is billed at the Senior Project Planner level. We anticipate that other staff at
lower rates will also work on the project.
Please do not hesitate to get back in touch with me if you have any questions or need
additional information. We look forward to working with you on this project.
Ken
Ken Brody
Senior Airport Planner
Mead & Hunt, Inc.
133 Aviation Blvd. Suite 100
Santa Rosa, CA 95403
707/526-5010
707/526-9721 fax
www.meadhunt.com
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s - CITY of UKIAH
Department of Planning & Community Development f~.
300 Seminary Avenue, Ukiah, CA 95482 '
1' wwrw.cityofuklah.com
Modification of B-2 Airport Zone Regulations
City of Ukiah Form-Based Zoning Project
Purpose
The City of Ukiah desires to refine the Ukiah Municipal Airport B-2 zone regulations within Ukiah
Downtown/Perkins Street Corridor form-based zoning project area to facilitate a more compact
urban form. Work will be on a time and materials basis, subject to a specified maximum. This
project is not a comprehensive update of the airport plans.
Scope of work
Define and evaluate potential modifications to B-2 zone regulations within all or portions of the
Ukiah Downtown/Perkins Street Corridor project area to accommodate increased commercial and
residential intensity/density (such as mixed uses, first floor commercial/second or third story
residential) and number of stories, consistent with state and federal law and the intent of locally
adopted plans. The proposal should be crafted to avoid the creation of significant environmental
impacts. The work may result in designation of an infill area per Mendocino County Airport
Comprehensive Land Use Plan Policy 2.1.6(e).
The draft form-based code sets forth the following general uses and criteria applicable to the T-4
and T-5 zones on the Regulating Plan map. (NOTE: The T-6 zone is not within the B-2 zone).
Criteria
T4
T5
T6
Airport 132 Zone
general urban
urban center
urban core
Lot coverage
70%
80%
90%
< 70%
Stories*
2-3
3-4
4
2
Uses*
res, lodging, retail,
res, lodging,
res, lodging,
multifamily-28
office, restaurant,
retail, off=ice,
retail, office
units per acre (infill
theater
restaurant,
policy)
theater
Residential
10 units/acre
15 units/acre
25 units/acre
Nonresidential: <
density
90 people/ acre
b right)
Infill olic
Other
office and retail
limited to first
story
* Subject to Airport zone restrictions (132 zone)
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Summary of criteria in the B-2 compatibility zone north of Airport
Maximum
InfiII policy applies (was any area designated as infill per the infill
Densities and
policies?)
Open Land
MR on parcels > 4 acres retain 30% open area (may not be an
issue due to 4 acre criteria)
® Nonresidential: < 90 people/acre; routinely unoccupied 2nd story
allowed
® Existing hospital or school: < 60 people/acre, single story
Normally
existing hospital or school: < 60 people/acre, single story
acceptable
low intensity retail and offices, restaurants, motels: < 90
uses
people/acre; routinely occupied portions of buildings limited to 2 stories
® on parcels > 4 acres retain 30% open area (maynotbe an issue
due to 4 acre criteria)
® address mixed use development
Uses not
Uses above exceeding specified criteria
normally
acceptable
Prohibited
Schools, hospitals, day care, libraries, highly sensitive uses; large shopping
uses
centers, uses attracting large concentrations of people
City staff will compile/confirm information regarding airport operations as required by the
consultant, prepare amendments in a form consistent with the adopted the Ukiah Municipal Airport
Master Plan and Mendocino County Airport Comprehensive Land Use Plan, and prepare and process
CEQA documents.
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MEAD & HUNT, Inc.
Standard Billing Rate Schedule
Western United States
Effective January 1, 2008
Standard Billing Rates
Clerical .................................................................................................................................$63.00 / hour
Interior Designer, Technical Editor
...$85.00 / hour
Senior Editor
.$130.00 / hour
Registered Land Surveyor
.$100.00 / hour
Accounting, Administrative Assistant
...$80.00 / hour
Technician I, Technical Writer
...$72.00 / hour
Technician II, Surveyor - Instrument Person
$88.00 / hour
Technician III
$100.00 / hour
Technician IV
$110.00 / hour
Senior Technician
$150.00 / hour
Engineer I, Scientist 1, Architect I, Planner I
$105.00 / hour
Engineer II, Scientist II, Architect II, Planner ll
$115.00 / hour
Engineer III, Scientist III, Architect III, Planner III
$130.00 / hour
Senior Engineer, Senior Scientist, Senior Architect, Senior Planner, Senior Economist
.$150.00 / hour
Project Engineer, Project Scientist, Project Architect, Project Planner
$165.00 / hour
Senior Project Engineer, Senior Project Scientist, Senior Project Architect,
Senior Project Planner
$190.00 / hour
Senior Associate
$230.00 / hour
Principal
$245.00 / hour
Senior Client/Project Manager
$245.00 / hour
Expenses
Geographic Information or GPS Systems $32.00 / hour
Total Station Survey Equipment ..........................................................................................$16.00 / hour
Charges for other equipment may appear in a proposal
Out-Of-Pocket Direct Job Expenses ...................................................................................cost plus 15%
Such as reproductions, sub-consultants / contractors, etc.
Travel Expense
Company or Personal Car Mileage $0.75 / mile
Air and Surface Transportation ...........................................................................................cost plus 15%
Lodging and Sustenance ....................................................................................................cost plus 15%
Billing & Payment
Travel time is charged for work required to be performed out-of-office. A minimum of two hours will be
billed for any work out-of-office.
Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from
the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting
30 days after the date of invoice.
This schedule of billing rates is effective January 1, 2008, and will remain in effect until December 31, 2008,
unless unforeseen increases in operational costs are encountered. We reserve the right to change rates to
reflect such increases.
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EXHIBIT "B"
INSURANCE REQUIREMENTS
Without limiting Consultant's obligations arising under Paragraph 12 of the Professional Service
Contract ("Agreement') to which this Exhibit is attached, Consultant shall not begin work under the
Agreement until it procures and maintains for the duration of the Agreement insurance against
claims for injuries to persons or damages to property, which may arise from or in connection with its
performance under the Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form
No. CG 00 01 1185.
2. ISO Form No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any
auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
4. Professional Liability Insurance covering damages which may result from
errors, omissions, or acts of professional negligence by Consultant.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $2,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the general
aggregate limit shall apply separately to the work performed under this
Agreement, or the aggregate limit shall be twice the prescribed per
occurrence limit.
2. Automobile Liability: $2,000,000 combined single limit per accident for
bodily injury and property damage.
3. Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and Employers
Liability limits of $1,000,000 per accident.
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C. 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 to the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied
or used by the Consultant, or automobiles owned, hired or borrowed
by the Consultant. The coverage shall contain no special limitations
on the scope-of-protection afforded to the City, its officers, officials,
employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance as
respects to the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work, pursuant to this Agreement.
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3. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced
in coverage or in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's rating
of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for
short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates and
Endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The Certificates and Endorsements are
to be on forms provided or approved by the City. Where by statute, the City's
Workers' Compensation - related forms cannot be used, equivalent forms approved
by the Insurance Commissioner are to be substituted. All Certificates and
Endorsements are to be received and approved by the City before Consultant begins
the work of this Agreement. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time. If Consultant fails to
provide the coverages required herein, the City shall have the right, but not the
obligation, to purchase any or all of them. In that event, the cost of insurance
becomes part of the compensation due the contractor after notice to Consultant that
City has paid the premium.
G. Subcontractors
If Consultant uses subcontractors or sub-consultants, it shall cover them under its
polices or require them to separately comply with the insurance requirements set
forth in this Paragraph 6.1.
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