HomeMy WebLinkAboutAEM Consulting, LLC 2008-02-04 ozvKOB
" � CITY OF UKIAH �
` AGREEMENT FOR
PROFESSIONAL SERVICES
PREPARATION OF A CULTURAL RESOURCES FIELD INVESTIGATION
AND ARCHAELOGICAL RECONNAISSANCE FOR THE
ORCHARD AVE EXTENSION AND ORRS CREEK BRIDGE PROJECT
This agreement shall be considered a contract, and is entered into this 4th dav of Februarv.
2008, by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter
referred to as "CITY" and AEM Consulting, a Limited Liability Company, hereinafter referred to as
the "CONSULTANT."
PREMISES
The purpose of this agreement is the preparation and completion by CONSULTANT of a
Cultural Resource Field Investigation/Archaeological Reconnaissance for the Orchard Avenue
Extension and Orrs Creek Bridge Project. The scope of work is more particularly described in the
Exhibit "A", attached to this agreement.
The Final RepoR prepared by the CONSULTANT shall be prepared in such form and with
such content suitable and adequate for acceptance by the California State Office of Historic
Preservation (SHPO) in response to its correspondence dated June 19, 2007. The Final Report
shall include the information required by Section 106 of the Nationai Historic Preservation Act-36
CFR, Section 800.4.
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 Cuitural Resource Field Investigation. 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 senrices 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 Cultural
Resource Field Investigation preparation services as described in Exhibit"A,"which
consists of the scope of services, dated Julv 10. 2007, which is attached hereto as
Exhibit "A" and incorporated herein. CONSULTANT shall provide such services
within the time limits described below.
1
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 Cultural Resource Field Investigation shall be made and
prepared in accordance with generally accepted professional practices.
1.04 CONSULTANT shall bear the cost of reproduction and postage pursuant to the
provisions detailed in the Scope of Work identified as Exhibit "A."
1.05 CONSULTANT shall deliver two (2) copies of the Cultural Resource Field
lnvestigation Report within six(6)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.
1.07 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 II
SERVICES OF CITY
2.01 CITY shall provide any information as to its requirements for pertormance 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 underthis
agreement.
ARTICLE III
� TERM OF AGREEMENT
3.01 The term of this agreement shall commence on the effective date and shall terminate
when the CIT'Y has formally accepted the final version of the Orchard Avenue
Extension and Orrs Creek Bridge Cultural Resource Field Investigation and
Archaeological Reconnaissance.
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."
2
3.03 All work by CONSULTANT shall be completed pursuantto 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 two thousand eight hundred and fifty dollars
($2,850.00).
4.02 Cost overruns or failure to perform within the maximum compensation ceiling
established in 4.01 above shall not relieve CONSULTANT of responsibilityto provide
those services specified in Exhibit "A", for a total compensation including
reimbursable expenses not to exceed $2,850.00.
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 Paymentscheduling: Totalpaymentnottoexceed$2,850.00. Feesforprofessional
services as outlined herein shall be paid on a time and materials basis. A detailed
' explanation of services and associated fees shall be listed on each invoice submitted
by CONSULTANT.
5.03 Payment to CONSULTANT shail be based on an itemized invoice submitted by
CONSULTANT after delivery and acceptance of the final Orrs Creek Bridge Cultural
Resource Field Investigation and Archaeological Reconnaissance report.
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 workto include additional analyses,the total
payment and cost of services may be changed by amending the agreement.
3
ARTICLE VI
PROJECT INSPECTION AND ACCOUNTING RECORDS
6.01 Duly authorized representatives of the CIT1f 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 andthereafterforthree
(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 forwork by non-employees of the public agency exceeds$5,000.00."
ARTICLE VIII
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 ofthe 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 repoRs insofaras they are complete and acceptable to
4
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 attomey'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 ofthe 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 ofthe CONSULTANT,any subcontractor,anyone directly or
indirectly employed by any of them,or any for whose 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 act or 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.,
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. The policy limits for the
automobile liability insurance required by the attached Exhibit B is revised to
$400,000 ratherthan $1 Million.
' ARTICLE XI
GENERAL COMPLIANCE WITH LAWS
11.01 It is understood and agreed that the CONSULTANT will complywith 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.
5
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 Califomia 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, orterrnination.
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. Canceliation, termination, or suspension of the Agreement in whole or in
part.
ARTICLE XIV
INDEPENDENT CONSULTANT
73.01 The CONSULTANT, in accordance with its status as an independent contractor,
covenants and agrees that it will conduct itself consistent with such status,that itwill
neither hold itself out as nor claim to be an o�cer 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 o�cer or employee of the CITY
including, but not limited to, worker's compensation coverage, unemployment
benefits, and retirement membership or credit.
ARTICLE XV
SUCCESSOR AND ASSIGNMENTS
74.07 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.
6
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 July
10, 2007, identified as Exhibit"A", as attached hereto and incorporated herein, and
the insurance requirements set forth in the attached E�ibit "B."
15.02 This agreement constitutes the whole agreement between the CITY and
CONSULTANT and any other representations or agreements are superseded bythe
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 orwhen personally
delivered as follows:
CITY: City of Ukiah
Civic Center
300 Seminary Drive
Ukiah, California 95482
ATTN: Charley Stump, Director
Planning and Community Development
CONSULTANT/
CONTRACTOR: Vern Miller, Principal
AEM Consulting, LLC
55 St. James Drive
Santa Rosa, California 94960
7
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 WHEREOF, 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
��/�'
at Thompson, Inte m City Manager Date
CONSU LTANT/CONTRACTOR
� ��-0 3�4 3 �- z3-��
er , P ncip IRS IDN Number Date
AE Corisulting, LLC
APPROVED AS TO FORM:
2 �� / a �
D ' po , it tt mey Date
8
,
Exhibit "A"
AEM Consulting
7uiy so, Zoo7
Scope of Services
Cultural Resource Field Investigation for
Orchard Avenue E�ctension/Orr Creek Bridge Project, Ukiah
Understanding the Project
The Orchard Avenue Extension and Orr Creek Bridge project involves the following:
. The bridge would include a middle support,which would be constructed in the lower
portion of the north bank. The support would be a "pile bent" system (i.e., piers set
in the ground to support the bridge structure) using 13 15-inch diameter piles
placed in a single row parallel with the stream channel
. It is possible that the final geotechnical design report will recommend armoring of
the north bank to prevent erosion.
. North of the bridge, Orchard Avenue would be extended to Brush Street. The
extension would include two 12-foot wide travel lanes with 6-foot wide dirt
shoulders.
South of the southern bridge abutment, ramps would be constructed on the east and west
side of Orchard Avenue. The 16-foot wide ramps would be constructed to allow City
maintenance vehicle access to Ciry-owned property on the south side of Orr Creek. The
ramps would be gated and not allow public access.
The current northern terminus of Orchard Avenue. This street would be extended north
over Orr Creek.
The City Of Ukiah has applied for a Federal Economic Development Administration (EDA)
grant to assist in the funding of the extension of Orchard Avenue and the construction of a
bridge over Orr Creek in northern Ukiah.The City certified an Environmental Impact Report
for the project to comply with the California Environmental Quality Act, but the EDA is
requiring that an Archaeological Reconnaissance be performed to comply with Section 106
of the National Preservation Act and its implementing regulations codified at 36 CFR Part
800.
9
To secure EDA release of funds for the project, the City of Ukiah, must provide a suitable
federal Environmental Review Record prepared according to the requirements of the
National Environmental Policy Act (NEPA) and Environmental Regulations found in 24 CFR
Part 58 and others. The appropriate level of federal environmental review in this case is an
Environmental Assessment(EA) leading to a Finding of No Significant Impact(FONSI). Both
the EA and FONSI must be prepared for signature by the Certifying Officer.
Section 106 Review
To achieve a FONSI, the Environmental Assessment must demonstrate that the project
complies with all applicable federal laws and regulations, including Section 106 of the
National Historic Preservation Act. Regulations pertaining to Section 106 Review are found
in 36 CFR Part 800.
Section 106 of the National Historic Preservation Act requires that both the subject site and
adjacent properties be evaluated for their potential to be historic and thus be "adversely
effected"by construction of the project. This information must be compiled and sent to the
State Historic Preservation Officer (SHPO) for a determination under the Act.
In this case, the Area of Potential Effects (APE) contains the site and the eight parcels
surrounding residential and commercial/industrial properties in its immediate surrounding
environs.
Section 106 compliance requires the City of Ukiah to obtain the views of the State Historic
Preservation Officer (SHPO) as to whether any of the project activities could have an
"adverse effect"to the setting or character-defining features of any historically significant
property in the Area of Potential Effects (APE). An historically significant properly is one
that would be eligible for listing on the National Register of Historic Places, whether it is
currently listed or not.
Noticing
The City must identify the appropriate points for seeking public input and for notifying the
public of proposed actions, consistent with � 800.2(d). A Notice published in the local paper
of general circulation suffices to meet this requirement. AEM Consulting will provide the
appropriate Notice. It is assumed that the City of Ukiah will pay all publication costs for the
Notice.
Involving Indian tribes and Native Hawaiian organizations. The City must make a
reasonable and good faith effort to identify any Indian tribes or Native Hawaiian
organizations that might attach religious and cultural significance to historic properties in
the area of potential effects and invite them to be consulting parties.
10
i
AEM Consulting proposes the following procedure:
1. Determine and document the area of potential effects, as defined in § 800.16(d);
2. Review existing information on historic properties within the area of potential effects,
including any data concerning possible historic properties not yet identified; The Historic
Uses section information provided in the Phase I Environmental Site Assessment is required
by the State HCD. A comprehensive evaluation of the City's Assessors records will be a part
of the study.
3. Seek information, as appropriate, from consulting parties, and other individuals and
organizations likely to have knowledge of, or concerns with, historic properties in the area,
and identify issues relating to the undertaking's potential effects on historic properties; AEM
will obtain an Archeological Records Search by the California Historic Resource Information
System and other local Historic organizations as required by HCD. Note the CHRIS search
may find evidence of archeological or cultural artifacts. They typically estimate the
"potential"for finding these artifacts. Further study may be required if a high or moderately
high potential for artifacts are identified. This proposal assumes CHRIS will not find
evidence of significant archeological artifacts.
4. Gather information from any Indian tribe or Native Hawaiian organization identified
pursuant to § 800.3(f� to assist in identifying properties, including those located off tribal
lands, which may be of religious and cultural significance to them and may be eligible for
the National Register. AEM will initiate correspondence with the State of California Native
American Heritage Commission to identify if any Native American for a determination if
sacred sites are located on the property. Letters of invitation to comment will be sent to
locally identified Native American Tribes for their input to cultural or historic value of the
properry.
5. AEM Consulting will provide a report documenting the results and findings to the city of
Ukiah. The report will conclude with a recommendation to the State Historic Preservation
Officer of the appropriate determination of historic significance and if appropriate, specific
recommendations on the treafinent of historic properties if the results of the study indicate
an adverse impact on historic properties. Schedule AEM Consulting will endeavorto deliver
the components of the Section 106 Consultation according to the following schedule.
However, while every attempt will be made to adhere to the proposed timeline, certain
matters may require delays not in our control. Such matters may include subsequent
consultations for historical and cultural significance, endangered species, or other matters
not yet foreseen.
11
Estimated Schedule Task
Contrad for Services City of Ukiah executes a Contract for Services
and Notice to Proceed with AEM Consulting, and issues a Notice to
Proceed (NTP)
1. 1 week fro NTP Prepare Notice for Publication (City to publish)
2. 1 Week from NTP Initiate correspondence with the State of
California Native American Heritage Commission
to identify if any Native American sacred sites
are located on the property. Letters of invitation
to comment will be sent to locally identified
Native American Tribes.
3. 2 Weeks from NTP Determine Area of Potential EfFects. Prepare
Maps and identification legend and evaluate
properties using assessor's files and other
resources.
4. 4 Weeks from NTP Receive conclusions of the CHRIS Study and
Native American tribes.
5. 5 Weeks from the NTP Submittal of Draft Report to the City of Ukiah
Tasks, Hours and Costs
Task Descri tion Hours Cost
1-3 Prepare Notice (City to 2 $250
Publish
4 Determine APE & 6 $750
evaluate properties,
fieid visit and
hoto ra h
5 Provide a report 4 $500
documenting the
results and findings to
the Ci of Ukiah
SUBTOTAL Labor 12 1500
Archaeolo ist 1 350
Misc(Copying, $50
Postage, Delivery, and
other out-of pocket
msts estimated
TOTAL All Costs 2 850
Note: Although this proposal does not anticipate that historic and cultural resources will be discovered,the
potential exists that Native American or other prehistoric artifacts may be present. Under this circumstance a
12
,
findings of Adverse Impact on Historic Resources wouid be appropriate. The proper mitigations for this
impact couid involve additional efforts such as archaeological identification and archiving or the development
of a Memorandum of Agreement outlying a treatment plan. Additional research on any matter related to
historic or prehistoric properties surrounding the site could be required by SHPO as a result of Section 306
review. Such work is not a part of this Scope of Services.
Conditions
The final Scope of Services is based on the following assumptions and conditions:
1. City of Ukiah will supp�y AEM Consulting with a recent Phase 1 Environmental Site
Assessment Report prepared to ASTM standards of existing conditions regarding
hazardous materials on and near the subject site prepared by qualified inspectors
which AEM Consulting may cite in the SHPO Consultation.
2. AEM Consulting may review the cite and other relevant materials, studies, designs
or consultations offered by the City for the site, the project or the area.
3. Additional AEM Consulting services, including other necessary consultations if
required necessary, shall be billed at a rate of $125/hour.
4. AEM Consulting will not be responsible for postage and newspaper publication costs
for all required noticing.
5. Additional subcontractor services, if they should become necessary, shall be
obtained at cost + SO percent.
6. Any substantial modification to the allocation of hours, or the tasks listed above shall
be mutually agreed by the City and AEM Consulting.
13
t
EXHIBIT "B"
CITY OF UKIAH
Consultant Services
INSURANCE REQUIREMENTS
Without limiting Consultant's obligations arising under Paragraph 9.01 of the Professional Service
Contract("AgreemenY�to which this Exhibit is attached, Consultant shall not begin work underthe
Agreement until it procures and maintains for the duration of the Agreement insurance against
ciaims for injuries to persons or damages to property,which may arise from or in connection with its
pertormance under the Agreement.
A. Minimum Scoqe of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office("I50)Commercial General Liability Coverage Form
No. CG 00 Ol 11 85.
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 Liabilitv: $1,000,000 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 Liabilitv: $1,000,000 combined single limit per accident for
bodily injury and property damage.
14
3. Worker's Comoensation and Employers Liabilitv: 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.
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 Liabilitv and Automobile Liabilitv Coveraaes
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, o�cials,
employees or volunteers.
b. The ConsultanYs 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, o�cials,
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 respectto
the limits of the insurer's liability.
2. Worker's Comnensation and Emolovers Liabilitv Coveraqe
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from
ConsultanYs performance of the work, pursuant to this Agreement.
15
3. All Coveraaes
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 thirly (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
E. Acce�tability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. BesYs 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 Coveraqe
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. Subcontradors
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.
16
