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HomeMy Public PortalAboutBELAIRE-WEST LANDSCAPE, INC.CITY OF CARSON AND LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT CONSTRUCTION AGREEMENT FOR PROJECT NO. 990 CARSON PARK IMPROVEMENTS, REHABILITATION OF THE EXISTING IRRIGATION SYSTEM GRANT NO. 58118-04-2058. GAPROJECTS\990 Carson Park\Belaire-West\agreement.doc CONTRACT PROJECT NO. 990 Carson Park Improvements Rehabilitation Of The Existing Irrigation System GRANT NO. 58B8-04-2058. AGREEMENT THIS AGREEMENT is made and entered into by and between Owner, consisting of one or both of the following described public entities: [X] ■ The City of Carson, California [ ] ■ The Carson Redevelopment Agency and BELAIRE — WEST LANDSCAPE, INC. hereinafter called Contractor. The Owner and the Contractor mutually agree as follows: ARTICLE I. THE PROJECT For and in consideration of the mutual promises set forth herein, Contractor agrees with Owner to perform and complete in good and workmanlike manner all work required by the Contract Documents for Owner's PROJECT NO. 990, which is described as follows: Carson Park Improvements Rehabilitation Of The Existing Irrigation System Said work shall be performed in accordance with the Plans, Specifications and other Contract Documents, all of which are referenced in Article III hereof and incorporated herein as though fully set forth. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are provided in the Contract Documents to be furnished by Owner. ARTICLE II. CONTRACT SUM AND PAYMENT For performing and completing the work in accordance with the Contract Documents, Owner shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding Schedule. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. Owner shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 2 GAPROJECTS\990 Carson ParMBelaire-West\agreement.doc ARTICLE III. CONTRACT DOCUMENTS The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are enumerated as follows: Proposal Documents, including the Notice Inviting Bids, Instructions to Bidders, Bidding Schedule, Bidder's Declaration, Designation of Subcontractors, Bidder's Assurance, and Fair Employment Practices documents; this Agreement; Standard Specifications; Special Provisions; Technical Provisions; Drawings; Plans; and all addenda issued prior to and all modifications issued after the execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. ARTICLE IV. EFFECTIVE DATE This Agreement shall become effective and commence as of the date set forth below on which the last of the parties, whether Owner or Contractor, executes said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized. Attest: Bv: CITY CLERK APPROVED AS TO FORM: : OWN:L,- By: i:) -41d'OA7 MAYOR Dated: eof— Oci-45 SEAL. CONTRACTOR 26 tia �� GKo�� By: Y "t, Signature JD, S (►2il t K S , o foT Title Dated: /1(1 05 3 GAPROJECTS\990 Carson Park\Belaire-West\agreement.doc EXECUTED IN FOUR ORIGINAL COUNTERPARTS Bond No. C812230 Premium: $5,383.00 CONTRACT PROJECT NO. 990 Carson Park Improvements Rehabilitation Of The Existing Irrigation System GRANT NO. 508-04-2058. FAITHFUL PERFORMANCE BOND WHEREAS, the Owner, consisting of one or both of the following described public entities: [X] ■ The City of Carson, California [ ] ■ The Carson Redevelopment Agency has awarded to Belaire West Landscape, Inc. , hereinafter designated as the "Principal", a Contract for: Project No. 990 Carson Park Improvements, rehabilitation of existing irrigation system WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW, THEREFORE, we, Belaire West Landscape, Inc. , as Principal, and Financial Pacific Insurance Company as Surety, are held and firmly bound unto the Owner in the sum of _**see below Dollars ($292,220.00 ), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sutn well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney's fee to the "Owner" in an amount to be .fixed by the court. **Two Hundred Ninety Two Thousand, Two Hundred Twenty and No/100** THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 4 GAPROJECTS\990 Carson Park\9e1eire•We9t\ayreement.doc FAITHF UI PERFORMANCE BOND CONTINUED FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents, or of the work to be performed thereunder, shall in any way affect the obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the Contract Documents or of the work to be performed thereunder. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the 22nd day of July , 2005, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant'to authority of its governing body. Belaire West Landscape, Inc. Principal By Financial'Pacific Insurance Company Surety By Jan L. Miller, attorrey-in-=act 5 GAPROJECTS1990 Carson Parkl8olalre-WezAagreement.doc CALIFORNIA JURAT WITH AFFIANT STATEMENT -�--C:F`i<.c"f�,c-�i�`�p�K`�1.C�',EY".F`c`.,c-�l�'cfJ�V",Fr�c�rS'f`�`�,c�c��'�`r,�C.�',fr�`f��rf'1^�-+`��`f`,c•i�cv�c�F+c�c��'+�ct+ct�+c.� —, -S-_-1 State of California County of A �rr� c! ss. S? /See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this day of L>eby ate ont Year Mcg Y 6 COf11� # f4mb Name of Signer V 11b/C ' C Nwft personally known to me CoO=W r� Proved to me on the basis of satisfactory evidence to be the person who appeared before me - (and Place Notary Seal Above of Signer ❑ Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared re me.) Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of DocumentR& 1 I Document Date: t �C Number of Pages: Signer(s) Other Than Named Above: RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER #1 OF SIGNER #2 .p of thumb h Top of Q2004 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER 0812230 POWER NUMBER 812231 PRINCIPAL Belaire West Landscape, Inc. PENAL SUM $292,220.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company. a California corporation (the "Company"), does hereby make, constitute and appoint: Janelle L. Miller, Jeff Aase, Will Mingrant, Christopher M. Haenel its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of the Comp; the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other v follows. Bid, Performance, Payment, Subdivision and Miscellaneous Bon, and to bind the Company thereby. This Power of Attorney is siggned and sealed by resolutions adopted by the Board of Directors of Financial Pacific Esurance Company full force and effect: RESOLVED, that the President or any VicePresident, in conjunction with attorneys -in -fact or agents with authority as defined or limited in the instrument evide the Company, to execute and deliver and as the seal of the Company to bonds, unbde kinds; and said officers may remove any such attorney-in-fact or agent and revoke any RESOLVED FURTHER, that any bond, undertaking, recognizance,or sur Company when signed and sealed (if a seal be required) by one or more attorneys -ii evidenced by the power of attorney issued by the Company to such person or persons. , to execute, deliver and affix itions in the nature thereof as to $1,500,000.00 facsimile under and by the authority of the following at the meeting duly held July 6, 1995, which are now in the Secretary or any Assistant Secretary, may appoint ncing the appointment in each case, for and on be of ttakings, recognizances, and suretyship obligations of all power of attorney previously granted such person. wtyship obligation shall be valid and binding upon the i- 'act pursuant to and within the limits of the authority RESOLVED FURTHER, that the signature of any authorized' officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 15th of March; 2004. 1NSU�� rim �Q. �ULY22 �.o' z : RZ E Robert T. Kingsley, President Jo n R. Hollingshead, Secr tary �• 1986 y 9�IFOP�••'• STATE OF CALIFORNIA, COUNTY OF SACRAMENTO On this 15th day of March, 2004, personally came before me Robert T. Kingsley and John R. Hollingshead, to me known to be the individuals and officers of Financial Pacific Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. REBEKAHMOELLER V. COMM. *1471389 W c s Notary Public -California N PLAC9tCtHl " Rebekah Moeller, Notary Public My Comm. Exp. Fab 21,200 ��►�� CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. Signed and sealed at Sacramento, this 22nd day of July _20 05 John IV ollingshead, Secretary Financial Pacific Insurance Company seal must be affixed State of California County of San Diego On July 22, 2005 before me, Rachel G. Holbrook, Notary Public personally appeared Janelle L. Miller, personally known to me —OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) (Seal) C> s = RC1 -a �. �;, y 0 ++✓ ==zr-- -� HNA NCL L PACIFIC TM Bond #C812230 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of $100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. EXECUTED IN FOUR ORIGINAL COUNTERPARTS CONTRACT PROJECT NO. 990 Carson Park Improvements Rehabilitation Of The Existing Irrigation System GRANT NO.58B8.04-2058.- PAYMENT BOND BOND No. C812230 Premium: included in performance bond WHEREAS, the Owner, consisting of one or both of the following described public entities: (X] ■ The City of Carson, California ( ] ■ The Carson Redevelopment Agency has awarded to Belaire West Landscape, Inc. ,.as Contractor, a contract for the work described as follows: Project No. 990 Carson Park Improvements, rehabilitation of existing irrigation system OWNER'S PROJECT NO.: 9 9 o Project No. 990, Carson Park Improvements Rehabilitation Of The Existing Irrigation System AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, material men and other persons, as provided by law; NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the Owner in the sum of **see below for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. **Two Hundred Ninety Two Thousand, Two Hundred Twenty and No/100 ($292,220.00)** THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then the Surety or Sureties herein will pay for the same: in an amount not exceeding the sum specified in this .bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to the plaintiff(s) and Owner in an amount to be fixed by the court. 6 GAPROJECTSM0 Carson PerkNBelaire-west%greement.doc This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed thereunder shalt in any way affect its obligations on this bond, andit docs hereby waive notice of such change, extension of time, alteration or modification of the Contract Documents or of work to be performcd thcrcunder. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 22nd day of July 2005. Bela' e West Landscape, Inc. i CONTRACTOR 7 GAPROJECTS1990 Carson Park\Belafre-Wes(\agreement.doc Financial Pacific Insurance Company S iTY anelle L. Miller, attorney-in-fact CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California ss. County of )/See Attached Document (Notary to cross out lines 1-6 below) �] See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this `i A /1 �l� day Of �r ;, by Date ont Year (1) Name of Signer personally known to me Proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) Name of Signer J Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be person who�p'eared,bgl re me.) ZL1 n rJJ, Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document:, d r ✓ Document Date: / SIL. Number of Pages: Signer(s) Other Than Named Above: LU/ RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER #1 OF SIGNER #2 ... • p of C2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER 0812230 POWER NUMBER 812230 PRINCIPAL Belaire West Landscape, Inc. PENAL SUM $292,220.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: Janelle L. Miller, Jeff Aase, Will Mingram, Christopher M. Haenel its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid, Performance, Payment, Subdivision and Miscellaneous Bunds up to $1,500,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995, which are now in full force and effect: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or Limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, unbdettakings, recogmzances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact of agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or sure%yship obligation shall be valid and binding upon the Company when signed and sealed (if a seal be required) by one or more attorneys -in -fact pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 15th of March, 2004. 3tutnrutit G�.. INS(/q�� -� �\�LY22 �.0_ / v : = Robert T. Kingsley, President IR. Hollingshead; Secr tary �. 1986 ate;EF 4 y'•.9�/F0 iR\' r ra i m STATE OF CALIFORNIA, COUNTY OF SACRAMENTO On this 15th day of March, 2004, personally came before me Robert T. Kingsley and John R. Hollingshead, to me known to be the individuals and officers of Financial Pacific Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. REBEKAH MOELLER r41MY COMM. 91471389 WNotary Publle-Cslifomia WPLACERCODUTY Rebekah Moeller, Notary Public Comm. Exp. Feb 21, 2008 CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. WJ Signed and sealed at Sacramento, this 22nd day of July20 OS at,, — John ollingshead, Secretary Financial Pacific Insurance Company seal must be affixed State of California County of San Diego On July 22, 2005 before me Rachel G. Holbrook, Notary Public personally appeared Janelle L. Miller, personally known to me —OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. P,kj J, 14,&txd (Signature of Notary) (Seal) 9T A T`;!C, } yy .rtifl'Mdi $)1�ideV'.�fi3SR^Y.x^ 77" ( F�1 •mA• J b-�F'c9,I,�.,MGntL•c�29�a'��`lsP�'3tJT r, .�. ]w �;y FINANCIAL PACIFIC =TM Bond #C812230 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of $100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. CONTRACT PROJECT NO. 990 Carson Park Improvements Rehabilitation Of The Existing Irrigation System GRANT NO. 58B8-04-2058. WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of the Contract. DATED: 2t� p�� Ise F. M. i2- 0-1,� C I— M Title GAPROJECTS\990 Carson ParMBeiaire-West\agreement.doc A t ILE i.) C-5 r CONTRACTOR By f� Signature J 4� STn k s �rS t 0_ Title INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description:_ 1-790 - 5"'1 Indemnitor(s) (list all names): 3�L p l �� W£5� L/� y.>Y�SG� �£ SNL, To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Carson and the Los Angeles County Park and Open Space District and their respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by or subject to the approval of Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Na Sinv<<c5�4Name By: 215 By: Its Its TO BE SIGNED BY THE CONTRACTOR 0 G:\PROJECTS\990 Carson ParMBelaire-West\agreement.doc 07/19/2005 15:25 8054979437 STATE FARM INSURANCE PAGE '02 CERTIFICATE OF INSURANCE STATI MRM Th th ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloom!Von. Illinois ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ins rtW#* 'ng policyholder for the coverages indicated below. N2Me of policyholder BELAIRE WEST LANDSCAPE, INC. Address of policyholder 7371 WALNUT AVENUE BUENA PARK, CAIFORNIA 90620-1759 Locationofoperations CARSON PARK, CITY OL' CARSON, CALIrORNIA Descriptionof operations JOB NO. 990/IMPROVEMENTS, RI;H1kBTLTTATION OF. IRRIGATION--1'SYS The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described: m; tneW_- , is ,uhlect to all the terms exclusions. and conditions of those oolicies. The limits of liability shown may have been reduced by any paid daims. ADDITIONAL INSURED: If any of the d.00bed policies are canceled .before its expiration date, Stalin Farm will tf Xdhail aMwritten not= to LOS ,ANGELES COUNTY REGIONAL PARR AND OPEN the certificate holder 30 days befot+e.. _=ncellatia. SPACE SPACE DISTRICT Names KddreOssNof CertffiT ateHo UR d r CITY OF CARSON — DEPT. OF RISK MANAGEMENT P.O. BOX 6234 CARSON, CALIFORNIA 90749 559-594 a 2-20 Printed In U.S.A. /rATi pass MICHAMC. GUS1CK Anent 199 LIMMWd Oaks Blad, Stdte 101 lho=W Oaks„ CA WM .InsultM(BMW-9435 ""� faot�05j497.9437 Signature ofAuthorWm Repmwntatlue AGENT Title JULY: 1.9 ,. 2005 nate POLICY PERIOD LIMRS.OF:LlABI�ITY - POLICY NUMBER TYPE OF INSURANCE Fffect vs Date EX irgtion Data at beginning of poliperiod) Comprehensive 130DILY INJURY AND Business Llability PROPERTY DAMAGE This insurance includes: ❑ Products - Completed Operations ❑ Contractual Liability ❑ Undergrouna Hazard coverage Each Ocxurrence $ ❑ Personal Injury ❑ Advertising Iniury General Aggregate $ ❑ Explosion Hazard Coverage Products - Completed ❑ Collapse Hazard Coverage Operations Aggregate $ ❑ Gcncml Aggregate Limit applies to each project 13❑ ACCESS LIABILITY POUCY PERIOD BODILY INJURY AND PROPERTY DAMAGE Effective Date Expiration Date (Combined Single Limit) ❑ Umbrella Each Occurrence $ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY workers' Compenzation and Employers Liability Each Accident $ Disease Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF I'ADILITY Ef edive Date Expiration Dade at be inns ofperiod) 055 6-75C TO LIABILITY 3 06 0 3/06/0600 OOOCSL 6 6526-75C AU 0 LIABIL Y 1AUTQ 03 05 03 NI•;ll H & 056 6526-75C LI ILII 03 06 05 03 06 OWNED ADDITIONAL INSURED: If any of the d.00bed policies are canceled .before its expiration date, Stalin Farm will tf Xdhail aMwritten not= to LOS ,ANGELES COUNTY REGIONAL PARR AND OPEN the certificate holder 30 days befot+e.. _=ncellatia. SPACE SPACE DISTRICT Names KddreOssNof CertffiT ateHo UR d r CITY OF CARSON — DEPT. OF RISK MANAGEMENT P.O. BOX 6234 CARSON, CALIFORNIA 90749 559-594 a 2-20 Printed In U.S.A. /rATi pass MICHAMC. GUS1CK Anent 199 LIMMWd Oaks Blad, Stdte 101 lho=W Oaks„ CA WM .InsultM(BMW-9435 ""� faot�05j497.9437 Signature ofAuthorWm Repmwntatlue AGENT Title JULY: 1.9 ,. 2005 nate 67/19/2005 15:25 8054979437 STATE FARM INSURANCE PAGE 03 AUTONZOBILE LIrA$l = ADDITIONAL MIDI fila ENDORSEXff- T 13ELAIRE WEST LANDSCAPE INC.r 7371 WALNUT AVEINM, BU -NA pARR, CALIFORNIA 90620-1759 NAME OV ADDRESS. OF INS URiw-, TmPnnvF.wNTS AND RRHABILITATION OF IRRIGATION SYSTEM Genernl description of agrcerncnt(s)-and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is ettachedpr in any endorsement now or hereafter attached thereto. it is agecd as follows: 1. The Owner, Consisting of one or both of the following described public entities: N IR The City of Carson, California; and Los Angeles County Regional Park and Open Space District [ 1 ■ The Carson Rcdcvclopment ,A Amey and its or their elected offir:ials, officers, agents and employees are insured thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured. 2, Such insurance shall be primary, and not contributing with any other..insurauc maintained by the Uwner. 3. The policy to which this cudursemcnt is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to rhe limits of the company's liability. y 4. The policy to which this endorsement . is attached shall not be subject .;io Cancellation, change in coverage, redttctioa of limits or non-mnewal except tom' written notice to Risk Management, City of Carson, by certified nWI, return receipt requested, not less than thirty (30) days prior to the effective date thereto C"CLLIATION NOTICE AND ENDORSEMENT TO BE 5)5N ' TO: Risk Managemont City of Carson P.O. Box 62.34 Carson, CA 90749 (310) $30-7600 40 EXHIBIT C GAPR0dECr8WD Carson ParMdair0-Westiagraem4nt.dW 07/19/2005 15:25 8054979437 STATE FARM INSURANCE PAGE e4 Excc t as stated above and not in conflict with this endorsernent, Clothing .e s containedh= h P all be held to waive, alter or extend any of the limits, agreements, gr-exclusior►s of the.._pallc)► which this endorsement is attwhed. Endarsemem. Effective TYPE OF COVERAGES TO WMCH $1 MILLION CSL Scheduled items or locations are to be identified on an attached sheet. The following = covered by tho policy.- (X) olicy: {X} Owned Automobiles {) Owned, Nonowned and 1-hred. Automobiles (x) Mmowned Automobiles (20 Hired Automobiles A deductible or self-insured retention (strike out one) of Nth applies to coverage. DEDtJC` XBLE APPLIES I -ER CLAM PER OCCVRRENCE . STILTE FAQ N11TIIAT. AUTO INS CO.. INSURANCE CONPANX ADDFM$; 1-99 E. THOUBAND OAKS,, BLVD #101 THOU -'qAM OWNS CA .91361 T. NICBAEL C. G"USICK (print flame) hereby d=14W under penalty of peijury, under the laws of the State of California, that I have the authority to bind the abovC- iiiraea insurance cOmPAny to this ondors=ent and by my execution hereof, do so bind said company, w w Sign$ture of Authorized RepresenWyc (Nginal Signatcxre only; NO facsimile signature or initialed signature accepted) Executed atL THOUSAND OAKS CALIFORNIA un .rULY 19 .2005 Phonc No.. C805 1 497-9435 41 GAPROJECnW% p Orson PWMaelatreXHIB1T •WesflagreemontaC Unofficial Until Approved by City Council Absent: None ITEM NO. (9) HEATING, VENTILATION AND AIR CONDITIONING MAINTENANCE CONTRACT EXTENSION WITH HONEYWELL INTERNATIONAL, INC (DEVELOPMENT SERVICES) RECOMMENDATION for the City Council: TAKE the following actions: 1. APPROVE a five-year extension of the contract with Honeywell International, Inc., in the amount of $194,750 for the first year, effective August 1, 2005. 2. AUTHORIZE the Mayor to execute the contract after approval as to form by the City Attorney. ACTION: This item was Approved on the New Business Consent Calendar on motion of Santarina, seconded by Ruiz-Raber and unanimously carried by the following vote: Ayes: Mayor Dear, Mayor Pro Tem Ruiz-Raber, Council Member Santarina, Council Member Williams, and Council Member Gipson Noes: None Abstain: None Absent: None ITEM NO. (10) AWARD OF CONTRACT - PROJECT NO. 990: CARSON PARK IMPROVEMENTS, REHABILITATION OF THE EXISTING IRRIGATION SYSTEM (DEVELOPMENT SERVICES) RECOMMENDATION for the City Council: TAKE the following actions: 1. AWARD a construction contract for Project No. 990: Carson Park Improvements, Rehabilitation of the Existing Irrigation System in the amount of $292,220 to the lowest responsible bidder, Belaire West Landscape, Inc. 2. AUTHORIZE construction contingencies in the amount of $43,833 (15%) for change orders such as the removal and remediation of contaminated soils, substructure conflicts and other unforeseen construction work that may be required to complete this project. 3. AUTHORIZE the Mayor to execute the agreement following approval as to form by the City Attorney. ACTION: This item was Approved on the New Business Consent Calendar on motion of Santarina, seconded by Ruiz-Raber and unanimously carried by the following vote: Carson City Council July 5, 2005 PAGE 10 Unofficial Until Approved by City Council Ayes: Mayor Dear, Mayor Pro Tem Ruiz-Raber, Council Member Santarina, Council Member Williams, and Council Member Gipson Noes: None Abstain: None Absent: None ITEM NO. (11) BOND RELEASE - PARCEL MAP NO. 26886: 545 E. 220TH STREET (DEVELOPMENT SERVICES) RECOMMENDATION for the City Council: TAKE the following actions: 1. APPROVE the work as completed. 2. AUTHORIZE the release of the surety bond in the amount of $18,000. 3. INSTRUCT the City Clerk to send a copy of the City Council action to the principal, surety, and County of Los Angeles Department of Public Works. ACTION: This item was Approved on the New Business Consent Calendar on motion of Santarina, seconded by Ruiz-Raber and unanimously carried by the following vote: Ayes: Mayor Dear, Mayor Pro Tem Ruiz-Raber, Council Member Santarina, Council Member Williams, and Council Member Gipson Noes: None Abstain: None Absent: None ITEM NO. (12) APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATES AND AUTHORIZATION TO ADVERTISE FOR BIDS - PROJECT NO. 1204: CORPORATE YARD BUILDING ROOF REPAIR, 2400 E. DOMINGUEZ STREET (DEVELOPMENT SERVICES) RECOMMENDATION for the City Council: TAKE the following actions: 1. APPROVE the plans, specifications, and estimate. 2. INSTRUCT staff to advertise the work and call for bids for Project No. 1204: Corporate Yard Building Roof Repair located at 2400 E. Dominguez St. ACTION: This item was Approved on the New Business Consent Calendar on motion of Santarina, seconded by Ruiz-Raber and unanimously carried by the following vote: Carson City Council July 5, 2005 PAGE 11 City of Carson Report to Mayor and City Council July 5, 2005 New Business Consent SUBJECT: AWARD OF CONTRACT - PROJECT NO. 990: CARSON PARK IMPROVEMENTS, REHABILITATION OF THE EXISTING IRRIGATION SYSTEM n <bm"itired by M.'Vi r Ro in Approved by Jerome G. Groomes Acting Development s General Manager City Manager I. SUMMARY On May 17, 2005, Council approved the plans and specifications for this project and called for bids. Six bids were received and opened by the City Clerk on June 21, 2005. The lowest responsible bidder is Belaire-West Landscape, Inc., with a bid in the amount of $292,220. II. RECOMMENDATION TAKE the following actions: 1. AWARD a construction contract for Project No. 990: Carson Park Improvements, Rehabilitation of the Existing Irrigation System in the amount of $292,220 to the lowest responsible bidder, Belaire-West Landscape, Inc. 2. AUTHORIZE construction contingencies in the amount of $43,833 (15 %) for change orders such as the removal and remediation of contaminated soils, substructure conflicts and other unforeseen construction work that may be required to complete this project. 3. AUTHORIZE the Mayor to execute the agreement following approval as to form by the City Attorney. III. ALTERNATIVES Reject all bids and take any other action that the City Council deems necessary and appropriate at this time. IV. BACKGROUND The Carson Park improvements project is listed in the City's Capital Improvement Program (CIP) for FY 2003/04. Carson Park is located at 21411 Orrick Avenue. This 11 -acre park is bordered by Main Street on the west, 213`'' Street on the north, Orrick Avenue on the east and 215`'' Street on the south. The project consists of the reevaluation and rehabilitation of the existing irrigation system and the development of a reclaimed water irrigation system. /0., City of Carson Report to Mayor and City Council July 5, 2005 Drip irrigation water -efficient spray heads will be used along with drought - resistant plants and sod wherever plants or grass are removed for construction. On May 18, 2004, the City Council adopted Resolution No. 04-041, approving the application for grant funds from the Los Angeles County Regional Park and Open Space District for improvements at Carson Park. On June 18, 2004, the Los Angeles County Regional Park and Open Space District approved Grant No. 58138-04-2058 in the amount of $387,622.73. The grant provides for the design, administration, and construction costs of this project. On December 8, 2004, the City Council executed an agreement with Community Works Design Group to prepare plans, specifications and estimates for the project. On May 17, 2005, the City Council approved plans and specifications and called for bids. On June 21, 2005, six bids were received and opened by the City Clerk as listed below: Bidder Place of Business Total Bid 1. Belaire-West Landscape, Inc. Buena Park, CA $292,220 2. Environmental Construction, Inc. Canoga Park, CA $297,368 3. Diversified Landscape Mission Viejo, CA $297,373 Management, Inc. 4. Mega Way Enterprises 5. America West Landscape, Inc 6. Mariposa Horticultural Covina, CA $308,000 Downey, CA $310,000 Irwindale, CA $396,758 Staff has reviewed the bids and finds that the lowest responsible bidder, Belaire- West Landscape, Inc., is a bona fide contractor licensed by the State of California. The bid bond, in the amount of 10% of the total bid supplied by Financial Pacific Insurance Company, a California Corporation, is in order and was submitted with the bid. The contractor's references have been checked, and it has been verified that the contractor has completed similar projects in an acceptable manner. An approximate schedule for this project is as follows: Award of Contract July 5, 2005 Bonds and Agreement Submittal July 18, 2005 Approval by City Attorney July 20, 2005 z City of Carson Notice to Proceed Start of Construction Report to Mayor and City Council Completion of Construction V. FISCAL IMPACT July 5, 2005 July 21, 2005 August 1, 2005 October 31, 2005 The estimated construction cost of this project is $292,220. The total estimated cost, including inspection and contingency is $350,000. The Los Angeles County Regional Park and Open Space District Grant No. 58B8-04-2058, Account No. 22-80-999-004-8008/0099001, provides for $387,622.73 of the total project cost, which is sufficient to cover the cost of this project. VI. EXHIBITS 1. Location Map (pg. 4). G:\PROJECTS\990 Carson Park\AGENDAS\07-05-05 CC AWARD CONTRACT PROJECT NO. 990, CARSON PARK IMPROVEMENTS.doc Prepared by: MASSOUD GHIAM sf:Rev061902 Reviewer] hv- City Clerk City Treasurer Administrative Services Development Services Economic Development Services Public Services Action taken by City Council Date Action 3 DSO CARSON O C) z SEPULVEDA Carson Park PROJECT SITE str City of Carson N PROJECT 994 CARSON PARK IMPROVEMENTS / 1 —1 zJ3 5 EXHIBIT NO. 1 ,ad,omao,>o,�o Unofficial Until Approved by City Council Ayes: Mayor Dear, Mayor Pro Tem Ruiz-Raber, Council Member Santarina, Council Member Williams, and Council Member Gipson Noes: None Abstain: None Absent: None ITEM NO. (10) APPLICATION FOR FIREWORKS STORAGE PERMITS (ADMINISTRATIVE SERVICES) RECOMMENDATION for the City Council: 1. APPROVE the issuance of a Fireworks Storage Permit to Carson High Boosters Club, Inc., Fraternal Order of Eagles Aerie #4001 and Carson Pirates. Traveling Baseball, contingent upon their compliance with Section 3101.8 of the Carson Municipal Code. ACTION: This item was Approved on the New Business Consent Calendar on motion of Gipson, seconded by Williams and unanimously carried by the following vote: Ayes: Mayor Dear, Mayor Pro Tem Ruiz-Raber, Council Member Santarina, Council Member Williams, and Council Member Gipson Noes: None Abstain: None Absent: None ITEM NO. (11) AWARD OF WORKERS' COMPENSATION THIRD PARTY ADMINISTRATOR CONTRACT (ADMINISTRATIVE SERVICES) RECOMMENDATION for the City Council: 1. AWARD a three-year contract for workers' compensation Third Party Administrator services to Integrated Claims Administrators, Inc. (CA -ICA) for FY 2005/06, FY 2006/07 and FY 2007/08, in the amount of $106,200 ($35,400 per year). ACTION: This item was Approved on the New Business Consent Calendar on motion of Gipson, seconded by Williams and unanimously carried by the following vote: Ayes: Mayor Dear, Mayor Pro Tem Ruiz-Raber, Council Member Santarina, Council Member Williams, and Council Member Gipson Noes: None Abstain: None Absent: None ITEM NO. (12) AUTHORIZATION TO EXTEND THE FORTIS (ASSURANT) SHORT- TERM AND LONG-TERM DISABILITY CONTRACTS AND TO -INCREASE THE CONTRACT AMOUNTS PENDING REVIEW OF PROPOSALS (ADMINISTRATIVE SERVICES) Carson City Council June 7, 2005 PAGE 12 I. SUMMARY City of Carson Report to Mayor and City Council June 7, 2005 NEW BUSINESS CONSENT The City contracted for workers' compensation Third Party Administrator (TPA) services to Fleming and Associates effective August 1, 2002. Third Party Administrators provide claims administration of all workers' compensation claims. Fleming and Associates discontinued business on February 18, 2005. Fleming and Associates did not give the City sufficient notice to allow completion of the Request for Proposal (RFP) process. On February 15, 2005, the City Council awarded an interim Third Party Administrator contract, for the period February 21, 2005 through July 31, 2005, to Integrated Claims Administrators, Inc. (CA -ICA) in order to allow the City time to complete the RFP process. II. RECOMMENDATION AWARD a three-year contract for workers' compensation Third Party Administrator services to Integrated Claims Administrators, Inc. (CA -ICA) for the period of July 1, 2005 through June 30, 2008, in the amount of $106,200 ($35,400 per year). III. ALTERNATIVES Select another firm to provide these services or reject the proposals and direct staff to issue another request for proposal. IV. BACKGROUND Fleming and Associates has served as the City's workers' compensation TPA since August 1, 2002. They notified the City on January 24, 2005 that the firm planned to close its Southern California operation on February 18, 2005. An interim TPA contract was awarded to Integrated Claims Administrators, Inc. to allow time for the City to complete the RFP process. The City issued an RFP for TPA services to 15 firms in February 2005. Proposals were received from eight firms. One firm's proposal from Buckeye Administrators was rejected as incomplete. City of Carson Report to Mayor and City Council June 7, 2005 The firms that responded were required to specifically address the areas of claims administration, experience and training of claims staff, early return to work program, medical and legal cost control, medical billing and management, new workers' compensation laws, online computer capabilities and statistical reports. The proposals were evaluated and scored based on the items listed above as well as on the quality of the proposal, references and cost. A copy of the evaluation form used by the review committee is attached as Exhibit No. 1. The review committee was composed of Sherrie Hamilton, Purchasing Manager, Ed Holton, Sr. Risk Management Analyst and Terry Williams, Risk Management Analyst. The three-member rating panel interviewed the top three proposers in accordance with the RFP evaluation criteria and cost of the proposal. The scores were averaged and then ranked and a final list compiled: Firm Name Integrated Claims Administrators Acclamation Insurance Management Services, Inc. Claims Management Service Tristar Risk Management JT2 Colen and Lee The Corvel Corporation Three -Year Rank Contract Amount $ 106,200 1 $ 217,300 2 $ 359,861 3 $ 218,117 4 $173.,400 5 Did not quote annual 6 fee as requested Did not quote annual 7 fee as requested Claims administration services are complex due to new workers' compensation laws and statutes. This has made it increasingly difficult to administer workers' compensation claims. Costs have increased due to disputes and litigation over the interpretation of new workers' compensation laws. Each TPAs proposal quoted start-up costs associated with contract implementation. These costs, which are included in the three-year contract amount, are for computer claims data conversion, annual computer online access and program implementation. TPAs have computer systems that are not compatible with each other. Computerized claims data must be converted to the new TPAs format before they can administer the City's workers' compensation claims. These start-up costs are items that all TPAs now require in addition to the annual claims administration fee. To reduce escalating medical costs, new workers' compensation laws now 2 City of Carson Report to Mayor and City Council June 7, 2005 require that TPAs provide medical utilization review services. Nurses and doctors perform these state -required services for an hourly fee. These hourly fees are not included in the annual claims administration fee. The top three TPAs provide a "bundled" approach to third party claims administration services. Bundling of claims administration services is the integration of third party claims administration, medical bill review, utilization medical review, and in some cases, legal and medical lien resolution under one program umbrella. TPAs believe, and staff concurs, that integration of claims services leads to greater cost savings through uniformity and standardization of the entire claims handling process. The committee recommends that the City Council award a contract to the firm of Integrated Claims Administrators, Inc. (CA -ICA) because of their overall approach to claims administration, familiarity with the City's operations, claims cost savings potential, low claims administration fees and experience with public entities. Provided for your information are the qualifications of the top three proposers: Integrated Claims Administrators, Inc. (CA -ICA): This company is minority- owned. CA -ICA currently administers the City workers' compensation claims on an interim basis while the City completes the RFP process. In a little more than two months, Integrated Claims Administrators has closed 31 claims which saved the City $180,817. CA -ICA has reviewed all of the City's claims and implemented a plan of action to move the claims to conclusion. There will be no charge for computer data conversion and program implementation because it was already done when they became the interim provider. CA -ICA has quoted a significantly lower price for its overall claims program. References provided excellent responses regarding their experience with this firm. CA -ICA will meet with City staff on a regular basis to discuss City claims and agrees to train supervisors/managers on the workers' compensation claims process. CA -ICA is familiar with the City's operations. Acclamation Insurance Management Services, Inc (AIMS): This firm will provide the City with a claims examiner that has 17 years of claims handling experience. AIMS has a mix of private and public entity clients. The public entity clients are concentrated in Central and Northern California. However, they have an office in Pasadena that provides claims services for private employers in Southern California. The Pasadena office would handle the City's claims. References rated their overall experience with AIMS as "very good". AIMS is committed to customer service and will keep employees informed about their claims. Keeping employees informed about their claims will reduce litigation. AIMS agrees to meet with City staff on a regular basis and train supervisors/managers on the workers' compensation claims process. The data 3 City of Carson Report to Mayor and City Council June 7, 2005 conversion fee is $2,500, which is reflected in their quote. State Compensation Insurance Fund/Claims Management Service (CMS): This Company is part of the State Compensation Insurance Fund, the largest workers' compensation entity in the state. CMS has vast resources at its disposal to handle workers' compensation claims. The claims examiner that would be assigned to the City has 25 years of experience in the workers' compensation industry. CMS has excellent training and support for claims staff. CMS will meet with City staff on a regular basis to discuss City claims and agrees to train supervisors/managers on the workers' compensation claims process. The company will charge $1,750 for data conversion, $1,000 annually for licensing and system support and $600 per terminal for computer online access. CMS' approach to litigation management has led to significant legal costs savings to their clients. The top three TPAs had good references, public entity clients and can provide quality TPA services for the City of Carson, however, staff believes that Intergrated Claims Administrators, Inc. is the best choice for the City for the reasons stated on the previous page. Attached to this report is a draft Contract for Professional Services between the City of Carson and Integrated Claims Administrators, Inc. (CA -ICA) (Exhibit No. 2). This draft agreement was reviewed and approved by the City Attorney. V. FISCAL IMPACT Funds for this item will be included in the FY 2005/06, FY 2006/07 and FY 2007/08 budgets. VI. EXHIBITS 1. Sample Evaluation Form (page 6) 2. Draft Agreement for Third Parry Claims Administrator Service between the City of Carson and Integrated Claims Administrators (Pages 7-18). 3. Integrated Claims Administrators Proposal (available upon request) Documents Prepared by: Ed Holton, Sr. Risk Management Analyst sf:Rev0619O2 [,eviewed by: City Clerk City Treasurer City of Carson Report to Mayor and City Council June 7, 2005 Administrative Services Development Services Economic Development Services Public Services Action taken by City Council Date Action 5