Contract No. 10729 (CCS)
CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement ("'Contraci"), entered into this 254 _ day of January, 2019 __ ("Execution Date"), by and between the CITY OF SANTA MONICA, a municipal corporation ("City"), and PUMPMAN LLC ("PumpMan"), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. PumpMan is qualified to do business, and is doing business, in the State of California. ABC represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.
C. The City and PumpMan desire to enter into an agreement for the PumpMan to provide contractual services to the City as set forth herein, upon the terms and conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates two calendar years after execution, unless sooner terminated in accordance with Section 14.
1.1 The City, in its sole and complete discretion, shall have the option to renew this agreement for up to one (1) additional three (3) period ("Extension Term"), on the same terms and conditions. The City may exercise its option by letter to PUMMAN from its City Manager, and the exercise of the option shall automatically extend the term of this Agreement up through the extension period
2. PumpMan. PumpMan will perform all of the services ("Services") described in Exhibit A, Scope of Services. PumpMan will complete the Services in accordance with Exhibit B, Budget.
3. City Services. The City agrees to:
3.1 Make available to PumpMan any currently existing documents, data or information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly examine and render findings on all documents submitted for staff review by PumpMan.
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4. Compensation. The City will compensate PumpMan for the Services performed in an amount not to exceed ($431,356), for the Term of this agreement. The total amount of compensation for Services Rendered during the Term and Extended Term, if any, shall not exceed ($1,054,093), as set forth in Exhibit B.
5. Invoices. PumpMan will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
Facilities Maintenance/Public Works
City of Santa Monica
2500 Michigan Ave. Bldg. 6
Santa Monica, California 90404
Attention: Armando Plata
Re: Contract No. 10729
with a copy to:
Santa Monica City Attorney's Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10729
6.2 All notices, demands, requests or approvals to ABC:
PumpMan
5020 Bleeker Street
Baldwin Park, CA 91706
Attention: Elton G. Link
Tel.: 626-939-0300
Re: Contract No. 10729
7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct of PumpMan or any of PumpMan's agents, employees, or subconsultants, except as otherwise provided in this Agreement.
8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations - 2-
and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and PumpMan and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, PumpMan must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by PumpMan or PumpMan's agents, representatives, employees or subconsultants for the duration of this Agreement. PumpMan must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
10. Defense and Indemnification.
10.1 PumpMan agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, "City") from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney's fees, or payments for injury to any person or property (collectively, "Losses") caused or claimed to be caused by the act, errors, and/or omissions of PumpMan, or PumpMan's employees, agents, officers, and subconsultants. ABC's responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of PumpMan, its employees, agents or officers, or subconsultants; provided, however, that PumpMan's duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.
Notwithstanding PumpMan's obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from PumpMan, if City chooses to do so.
10.2 Enforcement Costs. PumpMan agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
11.1 PumpMan may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City's consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
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11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of PumpMan or of any general partner or joint venturer or syndicate member of PumpMan, if a partnership or joint venture or syndicate exists, which results in changing the control of PumpMan, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
12. Permits and Licenses. PumpMan, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
14. Default and Termination.
14.1 If PumpMan fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City's written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to PumpMan.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days' written notice to PumpMan. Upon termination of this Agreement, City will pay PumpMan any compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. PumpMan must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City.
16. Discrimination. PumpMan may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
17. Nuisance. PumpMan may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
18. Records.
18.1 PumpMan must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. PumpMan must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
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18.2 PumpMan must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles.
PumpMan must clearly identify all records and make them readily accessible to the City. At the City's request, PumpMan must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
18.3 PumpMan must allow the City to have free access to PumpMan's books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit PumpMan's records, and PumpMan agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by PumpMan, PumpMan agrees to pay the cost of the City's audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
19. Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by PumpMan or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by PumpMan or any subconsultant pursuant to this Agreement may be made available to any individual or organization by PumpMan without prior written approval by City.
19.2 At the City's request, PumpMan must furnish reports concerning the status of the Services.
20. Standard of Care. PumpMan agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of PumpMan's profession currently practicing in the same locality under similar conditions.
21. Subconsultants.
21.1 If PumpMan proposes to have any subconsultant perform any part of the Services, PumpMan must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant's services. The City, in its sole discretion, may grant or deny the request.
21.2 PumpMan will be responsible for the quality of any subconsultant's work. Every subcontract or agreement of any kind entered into between PumpMan and any subconsultant (or between any subconsultant and others) must contain the - 5-
following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 10729 entered into between the City of Santa Monica and PumpMan on
22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
23. Venue and Jurisdiction. The City and PumpMan agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. ///
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25. Exhibits. The following exhibits are incorporated by reference into this Contract as though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
CITY OF SANTA MONICA,
ATTEST: a municipal corporation
Tick Oh
By: _
DENISE ANDERSON-WARREN RICK COLE
City Clerk City Manager
APPROVED AS TO FORM:
LANE DILG
City Attorney PUMPMAN LLO
lame: Elon G. Link
Title: General Manager.
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Exhibit A
Scope of Services
General. PumpMan shall provide preventative maintenance and repairs to storm water, groundwater & sewage pumps, chemical pumps, pool pumps, control panels plus associated pump equipment systems at City of Santa Monica facilities, as required by Facilities Maintenance Division.
Emergency Repairs Availability, Response Time, Dispatching Services. PumpMan shall have the ability to respond to emergency repair requests on a 24/7 basis. In the event an emergency malfunction occurs between regular hours and after hours, PumpMan shall provide a technician/mechanic to perform emergency callback service within four (4) hours of emergency notification. Emergency call back shall be billed per the pricing sheet listed in Exhibit B Budget.
Facility Access, Security Procedures, Keys, Alarm Codes. Access to City facilities shall be in accordance with instructions, issued by the City's representative(s). PumpMan shall secure the building premises as directed after service and repairs are performed. Access to certain sites may require PumpMan's staff to undergo a background check.
Repair Work, Additional Services. Shall be quoted on an individual basis, as needed. No work shall be performed without prior approval from Facilities Maintenance. The City reserves the right to accept or deny any services quoted. The City reserves the right to use other vendors for services beyond the scope of work mentioned herein.
Reporting. PumpMan shall submit signed and dated written service and repair reports performed for each site and equipment covered under the scope of this bid. PumpMan shall maintain maintenance logs and inspection reports on-site and at the PumpMan's office. During the term of the agreement, PumpMan shall maintain callback and repair data, a record of routine examinations, and periodically conduct field audits of personnel to maintain high maintenance program standards.
Safety Requirements, Materials Disposal. PumpMan shall perform all work to meet or exceed all accepted standards for safe hazardous material handling. PumpMan shall remove any trash or waste materials/liquids generated by service(s) and or repairs. The City's representative(s) reserves the right to issue restraint or cease orders if unsafe or harmful acts are observed or reported.
Service Call Confirmations. PumpMan shall send confirmation and reminder emails or faxes listing pricing and date of service to designated City representatives prior to performing any work.
Service/Schedule Changes and Amendments. The City's representative(s) may modify these specifications and service frequencies with reasonable notice to PumpMan. Should certain sites be vacated, or equipment placed out of service, PumpMan shall cease service and shall not charge the City for services if reasonable notice is provided by the City. Additional services requested by the City, such as new locations, may be added at the same price rates offered in this bid. The City reserves the right to change service and repair dates and times to meet the needs of the City operations with reasonable notice provided to PumpMan.
Subcontractors. PumpMan shall provide at least a 48-hour notice to the City's representative(s) if a subcontractor is to be used for work. The City reserves the right to reject any subcontractor. Subcontractor's insurance (in compliance with the bid requirements) must be on file with the City's Finance Department prior to the commencement of any work.
Warranty. PumpMan shall provide a minimum warranty covering materials for service calls and repairs. PumpMan shall be solely responsible, and at no cost to the City, for any return trips to complete service or repairs.
CONTRACTORS LICENSE / REGISTRATION WITH THE STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS. PumpMan shall maintain a valid C36 Plumbing California State Contractors License, during the term of this agreement. Contractor's staff must be qualified/certified to perform confined space work. PumpMan if required, shall maintain a valid registration as a Public Works contractor on the Department of Industrial Relations website: http://www.dir.ca.gov/Public•Works/PublicWorks.html Prevailing Wage / Certified Payroll Records. PumpMan shall perform all services under this contract under prevailing wage. Certified payroll records shall be submitted electronically via the State Department of Industrial Relations' electronic Certified Payroll Reporting (eCPR) system, and if requested, to Facilities Maintenance staff.
Waste Materials Disposal. PumpMan shall remove any trash, unused materials and waste materials/liquids generated by service(s) and/or repairs under this contract unless otherwise specified by the City's representative(s).
Parking. The City shall provide parking validations, when reasonably available, to PumpMan as permitted by the City's Parking Operations. The City reserves the right to stop providing parking validation at any time during the term of this agreement. The City will not be responsible for any parking fees incurred.
Preventative Maintenance Minimum Requirements. PumpMan shall provide the services indicated below for all locations assigned equipment/systems. The scope of work includes but is not limited to vendor furnishing all labor, equipment, and materials, supervision and appurtenances necessary to provide Pump Systems Preventative Maintenance & Repair Services.
Place company sticker on equipment and mark the service date.
Inspect pump for defects and ensure all equipment is in proper working order.
Lubricate as needed.
• Clean and remove any buildup of debris in wet well and on equipment (pumps, floats and controls). Test and provide service to pump and float switches. • Calibrate and check controls to ensure that equipment is functioning at the right times and intervals.
• Provide diagnostic testing of control panel equipment and perform a functional test of audible and visual signaling devices and auto-switches. Return all controls/switches to original position or per the manufacturer's directions. • Check pump motors for resistance values utilizing meg-ohm meter. Compare actual amperage drawn from pump motors with manufacture's full load amperage ratings. • Test run storm system pumps/motors at predetermined dates. • Upon work completion, deliver a signed & dated inspection & test report to Facilities Maintenance documenting work completed and any repair/operational recommendations. Provide photograph copies of equipment before and after service along with the service report for each location. Keep copies of reports at vendor's office. • Provide vacuum trailer/pump truck service if required per the pricing sheet.
Exhibit B
Budget
I. Labor Rates: Jobs shall be quoted individually with specifications provided by Facilities Maintenance staff using the labor rates noted below (per Bid 4348):
Exhibit 1.1 Animal Shelter 1640 9th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Storm Water
System-Kennel Drain $ 3,070.00 $ 3,377.00 3,714.70 $ 4,086.17 $ 4,494.79 (2x/year)
*10% increase per year
Exhibit 1.2 Annenberg Beach House 415 Pacific Coast Hwy Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Duplex Sewage
Systems, North and
South Sand & Debris
Catch Basins, 5 Simplex $ 26,022.00 28,624.20 31,486.62 $ 34,635.28 $ 38,098.81 Pool Pump Systems,
Pumper Truck Vacuum
Cleaning (2x/year)
*10% increase per year
Exhibit 1.3 City Yard Parking Lot 2500 Michigan Ave
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Simplex Storm Water
System, Pumper Truck $ 31,952.52
$ 21,824.00 $ 24,006.40 26,407.04 $ 29,047.74
Vacuum Cleaning
(4x/year)
*10% increase per year
Exhibit 1.4 City Yard Fire Training Area 2500 Michigan Ave Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Storm Water $ 6,140.00 6,754.00 $ 7,429.40 $ 8,172.34 $ 8,989.57 System (4x/year)
*10% increase per year
Exhibit 1.5
Civic Center Parking Structure 1730 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* | 1 Duplex Storm Water
System SP 182, 1
Duplex Sewage System
$ 3,070.00 $ 3,377.00 $ 3,714.70 $ 4,086.17 $ 4,494.79
Ep 1&2, 1 Duplex
Condensate Pump
System (2x/year)
*10% increase per year
Exhibit 1.6 Civic Auditorium 1855 Main St.
Work Description Year 1 Year 2* Year 3* Year 4* Year5*
1 Duplex Sewage
System, Pumper Truck 6,398.48
Vacuum Cleaning $ 5,288.00 $ 5,816.80 $ $ 7,038.33 $ 7,742.16 L(2x/year)
*10% increase per year
Exhibit 1.7 Ken Edward Center 1527 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Storm Water
$ 3,070.00 $ 3,377.00 $ 3,714.70 $ 4,086.17 $ 4,494.79
System (2x/year)
*10% increase per year
Exhibit 1.8 Main Library 601 Santa Monica Blvd.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Water
Booster System, 1
Duplex Sewage System,
1 Duplex Storm Water
System, 1 Quadraplex $ 18,750.00 $ 20,625.00 $ 22,687.50 $ 24,956.25 $ 27,451.88 Cistern System, 1
Irrigation Booster
System, Pumper Truck
Vacuum Cleaning
(2x/year)
*10% increase per year
Exhibit 1.9 Miles Playhouse 1150 Lincoln Ave
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Sewage
System (2x/year) $ 3,596.00 $ 3,955.60 $ 4,351.16 $ 4,786.28 $ 5,264.90 *10% increase per year
Exhibit 1.10 Ocean Park Library 2601 Main St.
Work Description Year 1 Year2* Year 3* Year 4* Year 5*
2 Duplex Sewage
Systems, Pumper Truck
Vacuum Cleaning $ 6,648.00 $ 7,312.80 $ 8,044.08 $ 8,848.49 $ 9,733.34 (2x/year)
*10% increase per year
Exhibit 1.11 Parking Structure #1 1234 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Simplex Storm Water
Pump Systems North
and South 1 Per $ 1,195.00 $ 1,314.50 1,445.95 $ 1,590.55 $ 1,749.60 Elevator Room
(1x/year)
*10% increase per year
Exhibit 1.12 Parking Structure #3 1320 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Simplex Storm Water
Pump Systems North
and South 1 Per $ 1,195.00 $ 1,314.50 1,445.95 $ 1,590.55 $ 1,749.60 Elevator Room
(1x/year)
*10% increase per year
Exhibit 1.13 Parking Structure #4 1321 2nd St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Duplex Storm Water
Pump Systems $ 1,195.00 $ 1,314.50 $ 1,445.95 $ 1,590.55 $ 1,749.60 (1x/year)
*10% increase per year
Exhibit 1.14 Parking Structure #6 1440 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Duplex Storm Water
Pump Systems $ 1,195.00 $ 1,314.50 $ 1,445.95 $ 1,590.55 $ 1,749.60 (1x/year)
*10% increase per year
Exhibit 1.15 Parking Structure #9 1136 4th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 2 Duplex Storm Water
Pump Systems $ 1,195.00 $ 1,314.50 $ 1,445.95 $ 1,590.55 $ 1,749.60 (1x/year)
*10% increase per year
Exhibit 1.16 Pier 200 Santa Monica Pier
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* Pier West End Fish
Cleaning Station 1
Duplex Sewage System,
Pier Bike Path Under
Pier 2 Simplex Storm 16,962.00 $ 18,658.20 $ 20,524.02
$ 15,420.00 $ $ 22,576.42
Water Systems, Pier
Central Restroom 1
Sand Catch Basin,
Pumper Truck Vacuum
Cleaning (2x/year)
*10% increase per year
Exhibit 1.17 Public Safety Facility 333 Olympic Drive
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Duplex Storm Water
B2 Stairwell, 1 Duplex
Sewage B2 Jail, 1
Duplex Storm Water, 1 $ 13,262.00 $ 14,588.20 16,047.02 $ 17,651.72 $ $ 19,416.89
Duplex Sewage Garage
B2 Lowest Level,
Pumper Truck Vacuum
Cleaning (2x/year)
*10% increase per year
Exhibit 1.18 Swim Center 2225 16th St.
Work Description Year 1 Year 2* Year 3* Year 4* Year5*
2 Pool Circulation
Pumps, 2 Duplex
Ground Water Systems $ 3,070.00 $ 3,377.00 $ 3,714.70 $ 4,086.17 $ 4,494.79 (2x/year)
*10% increase per year
Exhibit 1.19 Steward/Gandara Park 1900 Stewart St.
Work Description Year 1 Year 2* Year 3* Year 4* Year 5* 1 Simplex Storm Water,
1 Debris Interceptor
System, Pumper Truck $ 5,720.00 $ 6,292.00 $ 6,921.20 $ 7,613.32 $ 8,374.65 Vacuum Cleaning
(2x/year)
*10% increase per year
Exhibit 1.20 Other Costs
Description Year 1 Year 2* Year 3* Year 4* Year 5*
Hourly Labor rate $ 170.00 $ 187.00 $ 205.70 $ 226.27 $ 248.90 /OT/After-hours Labor 255.00 280.50 308.55 $ 339.41 373.35 $ $ $
Rate
Double-time Rate (per $ 340.00 $ 374.00 $ 411.40 $ 452.54 $ 497.79 hour)
*10% increase per year
**Minimum call-out charge is $300.
1.21 Additional Pricing.
1.21.1 The after-hours labor rate (otherwise known as Overtime) shall be applicable for work completed Monday through Friday from 4:30p.m. to 8:30p.m., as well as the first eight hours of labor on Saturdays. The Double-time labor rate shall be applicable for work completed from 8:30pm to 6:30am Mon-Fri, as well as Saturdays after 8 hours, Sundays, and holidays.
1.21.2 Rates for equipment, materials, and reimbursables shall be indicated on individual job proposals.
1.21.3 The City will compensate PumpMan, LLC for the services performed in an amount not to exceed $431,356 over a two-year period.
1.21.4 Extension Term: (1) additional (3) year renewal option for a total amount not to exceed $1,054,093 over a five-year period.
1.22 Invoices. PumpMan, LLC shall invoice the City on a per job basis under Net 30 terms.
Exhibit C
Insurance Requirements
Contractual Services Agreement Insurance Requirements and Verifications PumpMan shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by PumpMan, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if PumpMan has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Workers' Compensation insurance as required by the State of California, with Statutory Limits and Employers' Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
If PumpMan maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by PumpMan. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status (CGL): The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of PumpMan including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the PumpMan's insurance at least as broad as Insurance Services Office Form CG 20 10 11 85.
b. Primary Coverage (CGL and Auto): For any claims related to this Agreement, the PumpMan's insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the PumpMan's insurance and shall not contribute with it.
c. Notice of Cancellation (all policies): Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation (all policies): PumpMan hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said PumpMan may acquire against the City of Santa Monica by virtue of payment of any loss.
PumpMan agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by PumpMan, its employees, agents and subcontractors.
Deductibles and Self-Insured Retentions
Any deductibles or self insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require PumpMan to purchase coverage with a lower deductible or retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
PumpMan shall furnish the City of Santa Monica with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive PumpMan's obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If PumpMan, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from PumpMan resulting from said breach. Alternatively, the City of Santa Monica may purchase such coverage (but has no special obligation to do so), and without further notice to PumpMan, the City may deduct from sums due to PumpMan any premium costs advanced by the City for such insurance.
Subcontractors
PumpMan shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers' Compensation insurance coverage is not required if PumpMan does not have employees. PumpMan must, however, execute the City's Workers' Compensation Coverage Exemption Declaration Form