Resolution No. 6708
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RESOLUTIQN NO. 6708
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A CONSULTING SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF VERNON AND
CONSERVTECH REGARDING THE REMOVAL AND
INSTALLATION OF UNDERGROUND STORAGE TANKS
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WHEREAS, the City of Vernon desires engineering services
and consultation in conjunction with the removal and installation
of underground storage tanks and dispensers ("USTS") for City; and
WHEREAS, Kevin Wilson, Acting Director of Community
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Services and Water, in cooperation with the Health Department,
solicited bids for the services required and has recommended
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acceptance of CONSERVTECH's bid which estimates the cost of
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services plus the cost of testing soil samples by a laboratory not
to exceed Thirty Thousand Dollars and No Cents ($30,000.00); and
WHEREAS, CONSERVTECH, a California corporation, has
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expertise in engineering and in the business of removing and
installing USTs and is qualified to perform such services.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the city of Vernon
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hereby finds and determines that the recitals contained
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hereinabove are true and correct.
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SECTION 2: The City Council of the City of Vernon
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hereby approves the Consulting Services Agreement, a copy of which
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has been presented to the City Council concurrently with this
resolution, and the City Council hereby orders said Agreement to
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be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon
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hereby authorizes the Mayor and the City Clerk to execute said
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Agreement for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the city of Vernon shall
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certify to the passage of this resolution, and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 7th day of November, 1995.
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ATTEST: ~~
/<-- /4~4-:J'
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the city of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6708, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the city Council duly held
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on Tuesday, November 7, 1995, and thereafter was duly signed by
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the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
(SEAL)
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EXECUTION COpy
CONSERVTECB
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and
used as the original hereof for all purposes, as of this ~~
day Of~~~~ 1995,
BY AND BETWEEN
CITY OF VERNON, a municipal
corporation (hereinafter
referred to as "CITY")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND
CONSERVTECH, a California
corporation, (hereinafter
(referred to as "CONSULTANT")
3655 South Soto Street
Vernon, CA 90058
RECITALS:
WHEREAS, CITY desires to retain CONSULTANT to provide
engineering services and consultation in conjunc~ion with the
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removal and installation of underground storage tanks and
dispensers (UST or USTs) for CITY; and
WHEREAS, CONSULTANT has expertise in engineering for the
removal and installation of USTs and is qualified to perform such
service under this Consulting Services Agreement (hereinafter
"Agreement ") .
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
SET FORTH HEREIN:
SECTION 1. SCOPE OF SERVICES.
1..1 The Scope of services to be performed by
CONSULTANT is shown on Exhibit A which is attached hereto and made
a part hereof by reference.
SECTION 2. OBLIGATIONS OF CONSULTANT.
2.1 CONSULTANT will provide professional
assistance with regard to engineering services and consultation in
accordance with Exhibits A, B. and C.
2.2 CONSULTANT may secure such other persons as,
in the opinion of CONSULTANT, are needed to comply with the terms
of this Agreement. If such persons are retained by CONSULTANT,
such persons shall be fully qualified to perform such services and
shall be employees of CONSULTANT and not of CITY.
2.3 Invoices for services shall be submitted by
CONSULTANT in accordance with the Standard Compensation Schedule
attached hereto as Exhibit B or as such schedule may be revised
from time to time. CONSULTANT shall not charge for any fees in
excess of the Estimate of Costs for Conservtech Services, which is
attached hereto as Exhibit C and made a part hereof by reference,
unless expressly authorized in writing by CITY.
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SECTION 3. OBLIGATIONS OF CITY.
3.1 Payment. CITY will pay CONSULTANT's monthly
invoices in accordance with the Standard compensation Schedule in
effect at the time the services are provided. If an aspect of the
invoice, including amount, percentage completion, or supporting
documentation is disputed, CITY will notify CONSULTANT in writing
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contested, it shall be paid within thirty (30) days of date of
receipt.
3.2 Services to be provided bv CITY. CITY shall assume
primary responsibility for the following tasks:
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(a) preparations for UST Removals and
Replacements.
(i) Solicit and evaluate bids.
(ii) Prepare a final contract or agreement
between CITY and contractor.
(iii) Schedule all on-site work with
contractor.
(iv) The selected contractor will assign a
Health and Safety Officer for each facility location.
(b) On-site Activities
Monitor and direct UST removals, and
installations and testing of replacement USTs and TM/LD systems.
(c) Concluding Activities
(i) Evaluate final laboratory results.
(ii) Decide the need for each case
requiring major remediation, if any.
(iii) Address each need for major
remediation.
SECTION 4. OWNERSHIP OF DOCUMENTS.
All documents, data, studies, surveys, drawings,
maps, models, photographs and reports prepared by CONSULTANT under
this Agreement shall be considered the property of CITY upon
payment for services performed by CONSULTANT. Said documents and
materials shall be delivered to CITY by CONSULTANT as they are
generated; however, CONSULTANT may take and retain copies of said
documents and materials as desired.
SECTION 5. TERMINATION.
This Agreement may be terminated by either party
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upon the giving of a written "Notice of Termination" to the other
party at least fifteen (15) days prior to the termination date
specified in said notice. In the event this Agreement is
terminated, CONSULTANT shall be paid in full value of services
rendered, based upon the percentage of completion of CONSULTANT's~
work on the date of termination.
SECTION 6. NOTICES.
Any and all notices, demands, invoices, and written
communications between the parties shall be addressed to the
parties as follows:
TO CITY:
Bruce V. Malkenhorst
City Administrator/City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TO CONSULTANT:
Harry W. Evans
Conservtech
3655 South Soto street
" Vernon, CA 90058
Any such notices, demands, invoices and written
communications shall be (i) hand delivered, (ii) sent by telecopy
and mail, or (iii) sent by mail. Mail shall be conclusively
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deemed to have been received by the addressee five (5) days after
the deposit thereof in the United states Mail, postage prepaid and
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properly addressed as noted above.
SECTION 7. ENTIRE AGREEMENT.
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This Agreement supersedes any and all other
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agreements, either oral or in writing, between the parties with
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respect to the subject matter herein.
Each party to this
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1 Agreement acknowledges that no representations by any party which
2 are not embodied herein and that no other agreement, statement or
3 promise not contained in this Agreement shall be valid and
4 binding. Any modification of this Agreement will be effective
5 only if it is in writing signed by the parties.
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SECTION 8. SEVERANCE CLAUSE.
7 If any provision of this Agreement is found to be
8 invalid, void or unenforceable, the remaining provisions shall
9 nevertheless continue in full force and effect without being
10 impaired or invalidated in any way.
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SECTION 9. GOVERNING LAW.
12 This Agreement shall be governed by and construed in
13 accordance with the laws of the State of California.
14 SECTION 10. ATTORNEY'S FEES.
15 In the event that legal action is necessary to
16 enforce the provisions of the Agreement, the prevailing party in
17 said legal action shall be entitled to recover attorney's fees
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18 from the opposing party in any amount determined by the Court to
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SECTION 11. INSURANCE.
21 Consultant shall maintain in full force and effect
22 during the term of this Agreement the insurance and proof thereof
23 as set forth in Exhibit D, which is attached hereto and made a
24 part hereof by reference.
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SECTION 12. ASSIGNMENT PROHIBITED.
26 No party to this Agreement may assign any right or
27 obligation pursuant to this Agreement except with the express
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purported assignment of any right or obligation pursuant to this
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Agreement shall be void and of no effect.
SECTION 13. HOLD HARMLESS.
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CONSULTANT shall indemnify, hold harmless,
5 and defend CITY, its Council, servants, boards and commissions,
6 and their officers, agents and employees from and against any and
7 all claims and losses, costs or expenses for any damage due to
8 death or injury to any person and injury to any property resulting
9 from any act or omission of CONSULTANT or any of its officers,
10 employees, servants, agents or subcontractors in the performance
11 of this Agreement. Such cost and expense shall include reasonable
12 attorney fees. CONSULTANT shall further indemnify and hold
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harmless CITY, its Council, servants, boards and commissions, and
their officers, agents and employees from and against any damages,
liability, loss, cost or expense which arise out of CONSULTANT's
willful misconduct or negligent performance of the work under this
Agreement, provided that such liability, loss, cost or expense is
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caused by the act or omission of CONSULTANT or any of its
officers, employees, servants, agents or subcontractors in
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performance of this Agreement.
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CITY reserves the right to participate in the
22 defense of any such action.
23 SECTION 14. INDEPENDENT CONTRACTOR.
24 At all times during the term of this Agreement,
25 CONSULTANT shall be an independent contractor and shall not be an
26 employee or agent of CITY. CITY shall have the right to control
27 the CONSULTANT only insofar as the results of the CONSULTANT's
28 services rendered pursuant to this Agreement; however, CITY shall
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not have the right to control the means by which the CONSULTANT
accomplishes services'rendered pursuant to the Agreement except to
the extent that such services involve the use of CITY property of
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4 Confidential Information. Except as CITY may specify in writing,
5 CONSULTANT shall have no authority, express or implied, to act on~
6 behalf of CITY in any capacity or to bind CITY to any obligation
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SECTION 15: SIGNATURE CLAUSE.
9 Each signatory hereto represents that it has been
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day of i.;?;/~~ 1995.
EXECUTED this
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CITY OF VERNON
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BY:_
.......L ONIS C. MALBU G, Mayo
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By: ~ ~fi~~
BRUCE V. MALKENHORST, City Clerk
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APPROVED AS TO FORM:
By: ~~i~,M'~~
DA B. BR EY, City At . rney
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CONSERVTECH
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By~fJ~
Name: ~5ePH L... Pe;e-AJe-Y
Title: FR!5,
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EXHIBIT A
SCOPE OF SERVICES
A. preparations for UST Removals and Replacements
(1) Prepare plot plans.
(2) Prepare design documents for thirteen replacement
tanks, fueling systems, and eank monitoring/leak
detection (TM/LD) systems.
(3) Prepare Technical Specifications for contractor
services for removals and installations. (CITY to
issue General Specifications and solicit contractor
bidS.)
(4) Prepare bid package for laboratory services; prepare
bid package for soil vapor survey.
(5) Assist in conducting job walks.
(6) Review site-specific Health and Safety Plan for each
site, prepared by contractor.
b. On-Site Activities
(1) Organize and direct soil vapor survey in vicinity of
two gasoline tanks at City Hall (between warehouse and
garage) prior to tank removal.
(2) Obtain soil samples from beneath USTs, dispensers, and
piping and deliver to lab.
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(3) Evaluate results of laboratory analyses for each UST
location.
(4) Monitor soil remediation by excavation for each case of
localized leakage, if any.
C. concluding Activities
(1) Document the UST removals for each facility location in
a separate written report.
(2) Document the installation of replacement tanks lias
built", including dispensers, piping, and monitoring
system, for each facility location in a separate
written report.
D. possible Additional services
If more than minor soil contamination is detected in the
vicinity of any UST, CONSULTANT services, in addition to those
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EXHIBIT A
listed above, may be required for remediation. Such additional
services will be required only if the remediation of affected
soils cannot be completed on the same day as the tank removal by
excavating a small additional quantity of soil. No major soils
remediation effort will be undertaken without express CITY
authorization in writing.
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EXHIBIT B
STANDARD SCHEDULE OF COMPENSATION *
Applicable to Service Furnished on a Per Hour Basis
Principal Engineer
Senior Project Engineer or Senior Scientist
Project Engineer
Staff Engineer
Associate Engineer
Assistant Engineer or Assistant Scientist
Design Draftsperson
Draftsperson
Technical Assistant or Field Technician
Support ServicesIWord Processing
$95.00
90.00
85.00
80.00
75.00
65.00
55.00
50.00
45.00
35.00
The above Standard Schedule of Compensation includes salary costs and ordinary over-
head. Applicable..expenses for travel and subsistence, incidental out-of-pocket costs, com-
munications, printing, etc. are reimbursable at invoice cost plus 15%. Mileage is reimbursed
at thirty-five cents ($0.35) per mile. Invoicing is monthly or as mutually arranged.
NOTES
(A) The teml Engineer (above) refers to Engineer or Engineer/Scientist.
(B) For services involving legal consultation, fees are set on the basis of a separate
schedule.
(C) Terms are Net on Receipt. Accounts over thirty (30) days are subject to I 1/21;;' per
month service charge.
* Effec{jve October 1. 1993
CONSERVTECH
3655 South Soto Street . Vernon, CA 90058 . Phone: (213) 583.6897 . Fax: (213) 587-8132
B-1 EXHIBIT B
Conservtech shall hire a subcontractor to perform Laboratory
analysis of soil samples and a soil vapor survey of the two
gasoline tanks in the City yard located between the warehouse and
garage. Conservtech shall be compensated for such work at a rate
of actual cost of subcontractor plus 15% for administrative fees.
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EXHIBIT C
ESTIMATE OF COSTS FOR CONSERVTECH SERVICES
The estimated level of effort for each task to be performed
by Conservtech is given below. The need for possible additional
services, including work that may be required to remediate
contaminated soils, is not known at this time. Such additional
services, if needed shall not be undertaken without the written
authorization of the City of Vernon.
A. preparations for CST Removals and Replacements
(1) Prepare plot plans.
(2) Prepare design documents for thirteen
replacement tanks, fueling systems, and
tank monitoring/leak detection (TM/LD)
systems.
(3) Prepare Technical Sp~cifications for
contractor services for removals and
installations. (CITY to issue General
Specifications and solicit contractor bids.)
(4) Prepare bid package for laboratory services;
prepare bid package for soil vapor survey.
(5) Assist in conducting job walks.
(6) Review site-specific Health and Safety Plan
for each site, prepared by contractor.
B. On-Site Activities
(l) Organize and direct soil vapor survey in
vicinity of two gasoline tanks at City Hall
(between warehouse and garage) prior to tank
removal.
(2) Obtain soil samples from beneath USTs,
dispensers, and piping and deliver to lab.
(3) Evaluate results of laboratory analyses for
each UST location.
(4) Monitor soil remediation by excavation for
each case of .localized leakage, if any.
(TBD = To be determined)
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40 hrs
lOO hrs
30 hrs
8 hrs
8 hrs
8 hrs
lO hrs
30 hrs
18 hrs
TBO
EXHIBIT C
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c. concluding Activities
(1) Document the UST removals for each facility
location in a separate written report.
80 hrs
(2) Document the installation of replacement tanks
"as built", including dispensers, piping, and
monitoring system, for each facility location
in a separate written report.
40 hrs
Total man-hours
372 hrs
Budget Amount for CONSULTANT (exclusive
of costs for remediation activities,
if necessary).
D. Possible Additional services
$30,000
If more than minor soil contamination is detected in the
vicinity of any UST, CONSULTANT services, in addition to those
listed above, may be required for remediation. Such additional
services will be required only if the remediation of affected
soils cannot be completed on the same day as the tank removal by
excavating a small additional quantity of soil. No major soils
remediation effort will be undertaken without express CITY
authorization in writing. .
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ESTIMATE OF THE COST OF OUTSIDE SERVICES
FOR CITY OF VERNON UST PROJECT
This cost estimate covers services to be provided by outside
parties in addition to the professional services to be
provided by Conservtech. However I this estimate does not
include contractor services which will be determined by
competitive bid..
Included are the following estimates:
(1) Laboratory analyses of soil samples for tank removals,
not remediation.
Unleaded Gasoline; 5 USTs; 8 Samples
- TPH, Method 80lSM/Gasoline
- BTEX, Method 8020
Diesel; 9 USTs; 10 Samples
- TPHr Method 801SM/Diesel
- BTEX, Meth.od 8020
Waste Oil; 1 UST; 1 Sample
- TPH, Method 801SM/Fuel Characterization
- TRPH, Method 418.1
- BTEX, Method 8020
Estimated Cost, Laboratory Analyses
$1,700-2,300
(2) Soil vapor survey in the vicinity of two gasoline tanks
at the Civic Center between the warehouse an~ garage.
As reported, each of the two tanks has a capacity of
apprOKimately 5,000 gallons, anc. the two units are in
close proximity to each other. The purpose of t.he
survey is to assess the extent to which the soil
surrounding the tanks has become contaminated by
leakage, if any, prior to uncovering the units.
Estimated Cost, Soil Vapor Survey
$2,500
Subcontract work and Conservtech's administrative fee for
above work shall not exceed $7,000.00 unless expressly authorized
by the City in writing
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EXHIBIT ))
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INSURANCE SCHEDULE (CONTRACTOR)
The Contractor shall provide proof of insurance, including a standard
certificate of insurance, in at least the following amounts and
coverage (combined single limit permitted) :
I.
Hazards
Coveraqe and Limits
Bodilv Iniurv Propertv Damage
Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles
Hired Automobiles
Non-Owned Automobiles
Workers' Compensation
Emplovers' Liabilitv
II. General Liability
$ 500,000
$ 500,"000
S 500,000
S Statutory
Sl,OOO,OOO per employer
$1,000,000
$1,000,000
$1,000,000
$1,000,000
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$1,000,000
$1,000,000
Sl,OOO,OOO
$2,000,000
$2,000,000
$2,000,000
$2,000,000
S2,000,000
$ 500,000
$ -500,000
S 500,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
Sl,OOO,OOO
Sl.000,000 Sl,OOO.OOO
contain the following special
or attached to the standard
1. An endorsement naming the City of Vernon, its officers, and
employees",as insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30r"days
notice of cancellation or material reduction of coverage.
3. An endorsement providing coverage for all operations under
City of Vernon Contract number
4 . Such other endorsement as may be required, by addendum
. hereto.
Premises Operations
Elevators
(if applicable)
Independent
Contractors
Products ~ Completed
Operations
Contract Liability
Professional Liability
(Errors and Omissions) Sl,OOO.OOO
a. The general liability policy shall
endorsements which shall be noted on
certificate of insurance:
b. In addition to the standard certificate of insurance, proof of
general and professional liability coverage shall be furnished in the
form checked below. Certification of the followinq proofs bv the
insurance aqent or broker will not be accepted:
X For each policy, a notarized letter from the underwriter or
carrier certifying that the cove page and statements in the
standard certificate of insurance (attached thereto) are
true and correct and that the signature is an officer
authorized to so certify.
A copy of each policy certified by an officer of the
underwriter or carrier and notarized.
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EXHIBIT D