Loading...
HomeMy WebLinkAbout4.04 Amend Street Sweeping Agreement CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 8, 1986 SUBJECT Amendment to Street Sweeping Agreement EXHIBITS ATTACHED o Letter dated October 27, 1986 from A-1 Enterprises ' Insurance Broker o Resolution Amending Agreement RECOMMENDATION /� Adopt Resolution FINANCIAL STATEMENT: Amendment will not impact cost of service DESCRIPTION At the regular City Council meeting on September 22, 1986, the Council awarded a contract to A-1 Enterprises for the provision of street sweeping services . Subsequent to that time the firm has experienced difficulties with meeting the insurance requirements of the agreement. The agreement called for $1 million of General Liability Insurance and $1 million of Auto Liability Insurance. A-1 Enterprises currently maintains $500, 000 of General Liability Insurance and a total of $1 . 5 million of Auto Liability. Their current insurance program ends on February 1, 1987 . In seeking a renewal they have requested General Liability policy limits of $1 million. Although the renewal is two months away, their Insurance Broker is hopeful that a softening in the insurance market will result in their ability to place the $1 million General Liability policy. A-1 Enterprises has requested an amendment to the agreement to allow the existing insurance limits . The City Attorney has reviewed the proposal . Given the problem with the insurance markets and the fact that the greatest potential for risk is with their vehicles, the policy limits appear reasonable. The policy limits would be $500, 000 General Liability Insurance and a total of $1 . 5 million Auto Liability Insurance. Staff recommends that the City Council adopt the Resolution amending the agreement. i ---------------------------------------------------------------------------- . � COPIES T0: ITEM NO. � , F'�e,' `fds .'. 1 , .. BUiiC t Rbliir son., BROKIItS R E E I V E D NOV 41986 (` October 27, 1986 City of Dublin Contract Service Section P.O. Box 2340 Dublin, CA 94568 A-1 ENTERPRISES, PLEASANTON, CA Gentlemen: I have received a request from our insured A-1 Enterprises to provide your City with a certificate of insurance evidencing General Liability, Auto Liability and Workers' Compensation coverages for our insured, A-1 Enterprises. 'As you know, the main exposure for A-1 Enterprises as regards their contract with you is Auto Liability coverage. This coverage meets your request for $1 million. As regards General Liability coverages, we would prefer that we provide you with $500,000 as the exposure is nominal and the $500,000 limit is accepted by all of the other entities for which this company does business. As you know, in a very difficult insurance marketplace liability insurance premiums are very expensive and particularly in relationship to the size of the contracts that are being awarded to our various insureds. Inasmuch as the exposure is almost nil as regards General Liability, we trust that our enclosed certificates of insurance will suffice. Please feel free to call me if I can answer any additional questions. truly yours, Donald L. Bone President DLB:tab Enclosures) 3161 PUTNAM BOULEVARD (P.O. BOX 232004), PLEASANT HILL, CALIFORNIA 94.523 ,...� ': 51t,. �yet 4 - 'F ,� e• RESOLUTION N0. A RESOLUTION OF THE 'CITYrCOUNCILti:, OF THE CITY OF=;DUBLIN f D� AMENDING AGREEMENT FOR 'f° STREET SWEEPSING AND LITTER PICK=UP SERVICES WHEREAS, the City of Dublin',entered :iJnto an agreement.';. with A-1 Enterprises to provide street`sweeping.,and :litter pick-up services; and :. WHEREAS, the agreement was' approved by"the City 'Council on September 22, 1986; and WHEREAS, the City required the :services of A-1 Enterprises beginning October 1, 1986;',' and WHEREAS, due to insurance market `condi'tions, A-1 Enterprises has had difficulty obtaining the specified limits of general liability insurance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the Mayor to execute the contract amendment attached hereto and made apart hereof, which will modify the insurance limits for the street. swe.eping and litter pick-up services contractor. PASSED, APPROVED AND ADOPTED this 8th day of December, 1986 . AYES: NOES : ABSENT: Mayor ATTEST: City Clerk AMENDMENT TO AGREEMENT - ..F,OR STREET SWEEPING AND LITTER PICK-UP SERVICESS This amendment to the agreement dated the 22nd day of September., 1986, by,,'and between the City of Dublin, hereinafter "CITY" and A-1 Enterprises, hereinafter "CONTRACTOR" , shall amend the original agreement in the following manner: Section-6 . ' Insurance and Indemnification shall be amended to read as follows : 6. Insurance and Indemnification Contractor shall assume liability and pay all costs of defense, including -legal fees and court costs, and hold the City harmless from loss, damages, costs or expenses caused by any negligent or wrongful acts or omissions of Contractor' s officers, employees and agents which may occur in the performance of the term, duties and obligations of this agreement. Contractor shall provide a certificate of insurance to the City, to be included as part of this agreement, which will give evidence of general liability of not less than $500, 000 and auto liability insurance of not less than $1, 500, 000 for personal injury and accidental death per occurrence, and $500, 000 for property damage per occurrence. The City shall be named as an additional insured in any such liability insurance policy. The Contractor shall pay all premiums for said insurance. Contractor shall also provide City with a certificate of insurance, to be included as part of this agreement, which will give evidence that Contractor ' s employees are covered by Workers ' Compensation Insurance. Contractor shall provide City with a performance bond issued by a corporate surety, naming City as obligee, in an amount equal to the estimated street sweeping charges for a one month period as determined by the City Manager. Said performance bond shall be included as part of the agreement with the City. All certificates of insurance and performance bonds which are part of the agreement with City shall be approved by the City Manager and City Attorney as to form and content. City of Dublin, Mayor Date ATTEST: City Clerk James Rashleigh, A-1 Enterprises