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A6683 - SO CAL LAND MAINTENANCE
PLMsA y City of Palm Springs Department of Maintenance and Facilities 44FOaN P 425 North Civic Drive,Palm Springs,California 92262 Tel:(760)323.8167• www.palmspdngsca.gov April 21, 2020 SoCal Land Maintenance, Inc. Attn: Stephen Guise, President 3000 E. Coronado Street Anaheim, CA 92806 Re: Month to Month Extension Letter per Agreement No. A6683 for Roadside Maintenance of Specified City Streets and Right-of-ways. Dear Mr. Guise, On April 21, 2015, the City of Palm Springs and SoCal Land Maintenance, Inc., entered into Contract Services Agreement 6683 (A6683) for Roadside Maintenance of Specified City Streets and Right-of-Ways. The initial term of A6683 commenced on April 21, 2015, and continued through April 21, 2018, with two one (1) year optional renewals, upon mutual consent of the,Parties. December 3, 2018, the Parties agreed to extend A6683 for the first of the two one (1)year optional renewals, extending the contract through April 21, 2019. The second of the two one (1) year optional renewals was exercised on July 11, 2019, extending the contract through April 21, 2020. 3.4 Term. Unless earlier terminated under this Agreement, this agreement shall commence upon the effective date of this Agreement and continue in full force and effective until completion of the Services. However,the term shall not exceed three 3) years with two one (1) year renewal options from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above.Any extension must be through mutual written agreement of the Parties. The City is requesting SoCal Land Maintenance, Inc., mutual agreement in extending the term beginning April 22, 2020, on month-to-month basis, continuing through October 21, 2020, unless earlier terminated. pniM,s City of Palm Springs Department of Maintenance and Facilities cq<%®ro- 425 North Civic Drive, Palm Springs,California 92262 Tel:(760)323.8167• www.r)almsorinosca.go_v Except as expressly provided herein, all terms and conditions of the Agreement (A6683) shall remain in full force and effect by and between the parties. If you have any questions, I can reach at 760-323-8170 or via email at Staci.SchaferCa)palmsprinlasca.aov. Respectfully, Staci A. Sc fer Director of aintenance and Facilities CITY" CONTRACTOR" CITY OF PALM SPRINGS So Cal Land maintenance, Inc. c David M. Ready, City M Stephen Guise, President ATTEST: Q AAA- Vt ny MejikjQty Cle Darin Doucette, Secretary APPROVED AS TO FORM APPROVED BY CRY COUNCIL N 693 C ATT RNEY Q PA`'M sA- r City of Palm Springs Department of Maintenance and Facilities C,QE FORN P. 425 North Civic Drive, Palm Springs,California 92262 Tel: (760)323.8167• www.oalmsr)ringsca.gov Except as expressly provided herein, all terms and conditions of the Agreement (A6683) shall remain in full force and effect by and between the parties. If you have any questions, I can reach at 760-323-8170 or via email at Staci.SChafeKaDDalmspringsca.gov. Respectfully, Staci A. ScVafer Director of JAaintenance and Facilities CITY" CONTRACTOR" CITY OF PALM SPRINGS So Cal Lan anc , Inc./ David H. Ready, City Manager Stephen P uise, President ATTEST: Anthony Mejia, City Clerk grin Doucette, Secretary @_LA4 SAGA City of Palm SpringsY Department of Maintenance and Facilities q/FORN 425 North Civic Drive,Palm Springs, California 92262 Tel:(760)323.8167:• www.nalmspringsca.gov May 8, 2019 SoCal Land Maintenance, Inc. Attn: Stephen Guise, President 3000 E. Coronado Street Anaheim, CA 92806 Re: Extension Letter per Agreement No. A6683 for Roadside Maintenance of Specified City Streets and Right-of-ways. Dear Mr. Guise, The above referenced Agreement between SoCal Land Maintenance, Inc., and the City of Palm Springs has expired on April 21, 2019, and in accordance with the said Agreement, the term may be extended upon mutual consent of the City and the Contractor. This letter is to inform you that if SoCal Land Maintenance, Inc., decides to extend the Agreement for an additional one (1)year; to April 21, 2020, please inform the City of your intentions by providing your wet signature below, along with all your updated insurance documents and endorsements, as required in your original agreement. Please note, you are entitled to a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index(CPI) pursuant to page 53 of your original agreement. Should you desire such price adjustment, please include that request in your response. If you have any questions 1 can reach at 760-323-8170 or via email at Staci.Schafer a)-palmspringsca.gov Respectfully, Staci. Schafer Direct r of Maintenance and Facilities CONTRACTOR" So Cal'La en . ce, Inc. ep en G ise, President In Doucette, Secretary SO CAL LAND MAWTENANCE, WC.- 5/30/19 Staci A.Schafer City of Palm Springs 425 N Civic Drive Palm Springs, CA 92262 RE: Contract Services Agreement 6683 for Roadside Maintenance of Specified City Streets and Right-of-Ways Dear Staci A.Schafer, As per our Contract Agreement, I am requesting to renew our contract with the City of Palm Springs for another year.SoCal is currently servicing Roadside Maintenance and Transient Camp Maintenance. Due to an increase in fuel cost and minimum wage we have requested your approval to increase our fees of the next year for our continued services. Using CPI's inflation calculator,we are able to identify how inflation has affected our labor cost and we would appreciate for the remaining year of our contract we be paid these rates: Exisfing rates per contract: Roadside Maintenance: 2019-20 Proposed rates: Lead Worker 22.72/HR 23.40/HR Worker 11.90/H R 12.26/H R Vehicle &Supplies 70.33/DAY 72.44/DAY Transient Camp: Lead Worker 23.81/HR 24.52/HR Worker 12.98/H R 13.37./H R Vehicle 8,Supplies 102.80/DAY 105.88/DAY Oy, ns regarding this request,please contact Steve Guise 714-231-1454. President,So Cal Land Maintenance, Inc. So Cal Land Maintenance,Inc. - 2965 East Coronado Street,Anaheim,CA 92806 P:714-517-1226 4 SWO Ub City of Palm Springs Department of Maintenance and Facilities Q FORN 425 North Civic Drive, Palm Springs, California 92262 Tel:(760)323.8167 . www.palmspringsoa.gov July 11, 2019 i SoCal Land Maintenance, Inc. Attn: Stephen Guise, President 3000 E. Coronado Street_ Anaheim, CA 92806 Re: Extension Letter per Agreement No. A6683 for Roadside Maintenance of Specified City Streets and Right-of-ways. Dear Mr. Guise, On April 21, 2015, the City of Palm Springs and SoCal Land Maintenance, Inc., entered into Contract Services Agreement 6683 (A6683) for Roadside Maintenance of Specified City Streets and Right-of-Ways. The initial-term of A6683 commenced on April 21, 2015, and continued through April 21, 2018, with two one (1) year optional renewals, upon mutual consent of the Parties. December 3, 2018, the Parties agreed to extend A6683 for the first.of the two one (1) year optional renewals, extending the contract through April 21, 2019. 3.4 Term. Unless earlier terminated under this Agreement, this agreement shall commence upon the effective date of this Agreement and continue in full force and effective until completion of the Services. However,the term shall not exceed three 3) years with two one (1) year renewal options from the commencement date, except as otherwise provided in the:Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. The City is requesting SoCal Land Maintenance, Inc., mutual agreement in exercising the second of two one-year extensions, extending the term an additional year to continuing through April 21, 2020. In accordance with Exhibit "D" Schedule of Compensation, year 5 of the Agreement is subject to a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period. Should you desire such price adjustment, please include that request in your response, along with updated certificate(s) of insurance, and endorsement, as required by Section 5 of Agreement 6683. M City of Palm Springs o Department of Maintenance and Facilities 4 0OR P 425 North Civic Drive, Palm Springs, California 92262 Tel:(760)323.8167. www.palmsoringsca.aov Except as expressly provided herein, all terms and conditions of the Agreement shall remain in full force and effect by.and between the parties. If you have any questions I can reach at 760-323-8170 or via email at I Staci.Schafer -Palmspringsca.gov I i Respectfully, ST:A Staci Albhafer Director f Maintenance and Facilities Clerk APPROVED AS TO FORM S y fie C NTIRAC :OR •',• t el!ATr6RWEY So C m tenan Wep.een Guise, President laarin Doucette, Secretary Attachments: 1. Page 53 of Agreement 6683 APPROVED BY CITY COUNCIL I O AND TomQ OSCHOULt s"A°anti Total Amount In Woids Total Amount InFlour= S 18 urtderstodd and:e this Bid.mWI%I be wlthdMw until aizty(80)d$ys'Gam:the dateofttiealteringthereof;and at:no fl_ma after ewiaid of Bid. Prices to remain BWd_for•Initraf.etii ct.Wod.of 3.yEiihL 1 +FOR S YE1A i'EI AII ANt!'CPI A E31il8 PAR PTIGM R 1AtA1 M, For the Enitiai;`tlur=e{3)years of the ABreamant'.term, tl Unft Prking ehali remain fixed. 'Foroptionalyears:4 ertd 6;Contnrctor ntay-request a price adJustmenfi net fa:exceed the_Bureau ofcrSlafrsttCon6umeaBricelrtdex{Cply for ttra LAlRhiersidelAeet IT:isalan for the prkr lmartthReriodeffedivaarrths`annitr rsary data: Optlpnal retiewat 4 and;5, fusel"any .assacfafed CPi irttm3Qsa,er8;atih®muttiaf cot> tt of tllg Cily ems,... . . ctar. o-CAC CAM' tM i Yz&e,hic, NAME OF BIDDER {PERSON,. cMNT;p-=OR;CORp) rDf%O14O 51GNA OFAUiHORIZJ:D REP ATIVEADDRESS f - NAME PRINT aRTrnE C C7trMTE T_ELEPHONE:NUMBER 5 111 SC SOlGI'II Yi, j 7r( Od TW. FAX NUMB'EWA 63 ACORO® DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/08/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Donna Cyphers Beachview Insurance MEW:EW: (714)901-3494 Fac No): (714)901-3495 5011 ArgosyAve#15 E-MAI AD DRESS: L cynde@beachviewinsurance.com INSURERS AFFORDING COVERAGE NAIC N Huntington Beach CA 92649 INSURER A: JAMES RIVER INS CO 12203 INSURED INSURER B: INFINITY SELECT INS CO 20260 So Cal Land Maintenance INSURER C: 2965 E Coronado St INSURER D,: INSURER E: Anaheim CA 92806 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DDNYYY) 1MMIDDfYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occu rence $ 50,000 MED EXP(Any one person) $ 1,000 A Y 00091296-0 04/28/2019 04/28/2020 PERSONAL&ADV INJURY $ 1,000;000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO-JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000Eaaccident ANY AUTO BODILY INJURY(Per person) $ B X OWNED SCHEDULED Y 504-61012-0414-001 04/28/2019 04/28/2020 BODILY INJURY(Per accident) $AUTOS ONLY AUTOS X HIRED EX NON-OWNED PROPERTYDAMAGE AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED I I RETENTION$ WORKERS COMPENSATION I PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? Mandatary in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Palm Springs its officials,employees and agents are added as additional insured per the attached blanket form and endorsements. Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days written notice to the certificate holder named. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS. 3200 East Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE p Palm Springs CA 92262 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 00091296-0 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Or anization s : tions Where required by written contract or written All operations of the Named Insureds agreement Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II—Who Is-An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by"your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the"products-completed operations hazard". CG 20 37 07 04 ISO Properties, Inc., 2004 Pagel of 1 POLICY NUMBER: 00091296-0 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement Information requited to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of We waive any right of recovery we may have against Rights Of Recovery Against Others To Us of the person or organization shown in the Schedule Section IV—Conditions: above because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 06 09 Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: 00091296-0 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Locations Of Covered Operations Where required by written contractor written agreement All operations of the Named Insureds Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended-to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage or personal and advertising injury property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work; including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf-,or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above.2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organization s : Where required by written contract or written agreement If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis.. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031 US O4-10 Page 1 of 1 i ram SOCALLA-01 LAUREN A1CORO" ATE(MMIDD/YW1)CERTIFICATE OF LIABILITY INSURANCE D10/23f2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such.endomement(s). j PRODUCER CONTACTAMEL Goodman Insurance Services,Inc. PHONE FAX " 101 Pacifica,Suite 150 ac,NgEM):(949)769-3100 — A/c,No)_(949)769-3930 Irvine,CA 92618 E-MAILADDRE s: INSURER(S,AFFORDING COVERAGE NAIC#__ _ INSURER A:Benchmark Insurance Company. ._. 41394 INSURED INSURER B: So Cal Land Maintenance,Inc.INSURER C: 2965 E Coronado Street INSURER D: Anaheim,CA 92806 INSURER E: COVERAGES CERTIFIcATENUMBER-' REVISION'NUMBER:: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR.MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION_S_AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE,BEEN REDUCED BY PAID CLAIMS. INSR' TYPE OF)NSURANCE ADDL SUBR POLICY EFF POLICY EXP 1ig -y/yp POLICY NUMBER 0 MMIDD LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR DAINAGET oeORENTED"PREMISES{Eaa"nce)_S PERSONALBADVINJURY _- $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _.$ POLICY_-_j I - LOG PRODUCTS.COMP/OP AGG_$ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE,LIMIT' Ea:accidenl) ANY AUTO _ BODILY INJURY(Perperson),-_3 OWNED SCHEDULED BODILY INJURY(Peraccident $AUTOS ONLY AUTOS EpAUTOSONLYAUTOSONLY i POPtDAMAGE UMBRELLA LIAB _'OCCUR EACH OCCURRENCE_ EXCESS LIAR-- CLAIMS-MADE AGGREGATE DED RETENTION 5 A •WORKERS COMPENSATION X 'PER` OTH- ANDEMPLOYERS'LIABILITY STATUTE:_ _ER,__—_____ Y< XN iCST5014246 10/23/2016 10/23/2019 1,000 000ANYPROPRIETOR/PARTNER/EXECUTIVE - E1_EACH ACCIDENT________$OFFICE lMF MBE EXCLUDED?Y', NIA and ry,nNH E,L__DISEASE-EA EMPLOYEE$1,000,000 Kyyu s,desmbaunder.. 1,000,000DESC111-IIN OF OPERATIG S-below E.L_61SEAS--'POLICY LIMIT'.S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be allathad if motespace is requlred). A Blanket waiver of subrogation applies per the attached when required by written contract;,with respects to-the,following: All operations per written contract. Certificate holders continued:The City of Palm Springs it's officials,employees and agents 6ERTIFICA-etHOL•DER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) 198.8-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.0 %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 10/23/2018 Policy No. CST5014246 Endorsement No. Policy Effective Dates: 10/23/2018-10/23/2019 Premium$ Insured: So Cal Land Maintenance, Inc Carrier Name/Code: Benchmark Insurance Company A WC040306 Ed.4-84)Countersigned by Page 1 of 1 ALAA E. r City of Palm Springs Department of Maintenance and Facilities FOR 425 North Civic Drive, Palm Springs, California 92262 Tel: (760)323.8167 a www.palmspringsca.gov July 11, 2019 SoCal Land Maintenance, Inc. Attn: Stephen Guise, President 3000 E. Coronado Street Anaheim, CA 92806 Re: Extension Letter per Agreement No. A6683 for Roadside Maintenance of Specified City Streets and Right-of-ways. Dear Mr. Guise, On April 21, 2015, the City of Palm Springs and SoCal Land Maintenance, Inc., entered into Contract Services Agreement 6683 (A6683) for Roadside Maintenance of Specified City Streets and Right-of-Ways. The initial term of A6683 commenced on April 21, 2015, and continued through April 21, 2018, with two one (1) year optional renewals, upon mutual consent of the Parties. December 3, 2018, the Parties agreed to extend A6683 for the first of the two one (1) year optional renewals, extending the contract through April 21, 2019. 3.4 Term. Unless earlier terminated under this Agreement, this agreement shall commence upon the effective date of this Agreement and continue in full force and effective until completion of the Services. However, the term shall not exceed three 3) years with two one (1) year renewal options from the commencement date, except as otherwise provided. in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. The City is requesting SoCal Land Maintenance, Inc., mutual agreement in exercising the second of two one-year extensions, extending the term an additional year to continuing through April 21, 2020. In accordance with Exhibit "D" Schedule of Compensation, year 5 of the Agreement is subject to a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period. Should you desire such price adjustment, please include that request in your response, along with updated certificate(s) of insurance, and endorsement, as required by Section 5 of Agreement 6683. QpLM sA N City of Palm SpringsuY Department of Maintenance and Facilities c'Q IFORN P 425 North Civic Drive, Palm Springs, California 92262 Tel: (760)323.8167 a www.oalmspringsca.gov Except as expressly provided herein, all terms and conditions of the Agreement shall remain in full force and effect by and between the parties. If you have any questions I can reach at 760-323-8170 or via email at Stac'ii,Schafer(o)palmspringsca:gov. Respectfully, Stael:A.`S:" afer Directorbf Maintenance and Facilities C.ON. AC .OR" APP OME WMAGER So Ca.d m : ntenance, Inc.. S..ep f 'n Guise, President APPROVED 8Y CITY COUNCIL n Doucette, Secretary Attachments: 1. Page 53 of Agreement 6683 BRA D.TOTAL O ..."Q[ Total Amount In Words'.-- Total Amount fn Ffgures 1t}6;undeTop and agreed 1hjt this Bid may nol'ba withdrawn until sizty_(60)days`tror»ftie dale',of the opening thereof,and et_no time afterawacd:of SId. Prices to remain"(txedfbt I Itiai;ccntr crp2ttadaf3:yaita;' P C F R 3 YEAt2 Tl=F2Yi' -0 CAlUS78BEt44TS!rOR:®l?SdOfltAL'Rt3V11l4tA! For fhe In}tiai,thre3 i(3) yeam of the Agr$aiftne beta, the Un}k rccing sha}I tgrtt in Taxed Foraptronalyearsasad6,Contract may,-request a price adJusterterit not to exceed the aureau ofLakerStatcshc's Consumer Price index(cpi}tor;tha l A1RlverstdlAnefteim_iagtort ®r the pifpr 12irstonthperiod.eft'ectn!e an,thy:anniurar3an dzta Optlapai rVrrs val ., 4 as'Ac! 5, and;;°sty._•`'_assac d_CPI,Increese,are alµ:aft®mutuef cons'nt±of iite Ciiy and tit tractflr .'_ ,_._ t 1f0CLandt # rr ,ILA MAIVtE OF ':EtDDER {PARSON,CONTR+9CTOR,_Ct:lRR) JvtJd- .. p>'pl otdo 5 SICaNtA e:OFALITHORI2ED ADDRESS' w ' REFRES ATIVE< PBOORSrS 1 YrF r f AM'E 3TrtA Fi i}T,.g R T YP"E ; t DATE TELEPHONE NlJIN13ER s ,C soc l c6r,=,__ _ FAX NUMBER; I 28 63 AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO.6683 WITH SO CAL LAND MAINTENANCE, INC. ROADSIDE MAINTENANCE SERVICES The following article of Agreement No. 6683 are hereby amended to read as follows: THIS FIRST AMENDMENT TO THE CONTRACT SERVICES AGREEMENT(herein Second Amendment"), made and entered into on this5"day oLb , 2016, by the City of Palm Springs (herein "City"), a charter city organized and existing in the County of Riverside, under the laws of the State of California, and So Cal Land Maintenance, Inc. (herein Contractor"), amends that certain Contract Services Agreement dated April 21, 2015 (herein Agreement")by and between the same parties. SECTION 1 —Section 2.1 of the Agreement is amended to reflect an annual cost increase of 93,705,to add an additional crew for Transient Camp and Shopping Cart clean-up. Total revised Annual Contract Sum of$174,725. SECTION 2—Exhibit D Schedule of Compensation is amended in its entirety by the revised Exhibit D Schedule of Compensation attached to this First Amendment as Attachment 1. SECTION 3—Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 6683 and all preceding executed amendments remain in full force and effect. Agreement Number: 6683 Original Approval:April 1, 2015 Original Contract Amount: 81,020 Amount of Previous Increase(s) $ 0 Amount of this increase: 93,705 Amended Total: 174,725 Account Numbers: SIGNATURES ON NEXT PAGE ORIGINAL BID AND/OR AGREEMENT ATTEST:CITY OF PALM SPRINGS, a California charter city By: City Clerk City Manager APP ftVA O FORM: APPROVED BY CITY COUNCIL By:16* 2 hl K16W A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. CONSULTANT:So Cal d Maintenance,Inc. Check one:_Indiv' a artnership X Corporation Corporations out to' ad signatures: One signature must 6e from[h of Board,President,or any Vice President.Th Be I re must be from the Secretary,Assi etary,Tre rer, sist t r r,or C f Financial Offi r). By: By: 7 le No zed$ nature of Chairman of Board, zed Signature Secretary,Asst S reta , Presli nt or any VViiicee President Trees er,Asst treasu or,C_hief Financial Officer Name: tie T--t.A t Name: Title: Vt AA y &APN Title: notary public or other officer completing this certificate Stale of State of GQll'r't`l"verifies only the Identity of the individual who signed the ll document to which this Certificate b attached,and not the County of 1ss County of 1rVAort- Iss wthfulness,accuracy,or validity of that document. On before Es, On 0 fora me, A'h !n\ .tyl I FYbt1c personally appea d personally appeared '1 C--A-et IOIL r PA C who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) istare subscribed to the within the person() whose name((),js/ye subscribed to the within instrument and acknowledged to me that he/she/they instrument and acknowledged to me that he/sh4fthey executed the same in his/her/their authorized capacity(ies), executed the same in tILs/hel/1"eir authorized capacity(iRis), and that by his/her/their signature(s) on the instrument the and that by his/her/tDeir signatum(9) on the instrument the person(s), or the entity upon behalf of which the person(s) person(j), or the entity upon behalf of which the person(sr) acted,executed the instrument acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct.correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: /`Y Notary Seal: Notary Seal: Commission p 1999077 J.BHANDERI a Notary Public-California N Q34 COMM.12123998COUNTYOFORANGENOTARYPUBLIC•CALIFORNIAComm.Ex fires NOV.23,2018 My Comm.EXP.SEPT. ANGE T1d,2019" 91ete of Camomia, of ! A A notary public crother officer completing this certificateewevarj6 Metseal) verifies only the Identity of the Individual who slgnedthed by document to which this certificate is attached,and not thee so rye eltce outhfulness,accuracy,or validity of that document. ATTACHMENT 1 EXHIBIT "D" SCHEDULE OF COMPENSATION SCHEDULE "A": Rate for Roadside Maintenance work based on a two-man crew consisting of one Lead Worker and one Worker, each working 10 hour per day, 40 hour per week, and including all associated costs. Title: Unit Cost Annual Hours Annual Cost Lead Worker: 21.00 per/hr X 2080 hrs 43,680.00 Worker: 11.00 per/hr X 2080 hrs 22,880.00 Vehicle& Supplies: 65.00per/day 197 days 12,805.00 SUBTOTAL 79,365.00 SCHEDULE °B": Rate for Emergency Call Out, based on an estimate of 70 hours annually and based on a two man crew consisting of one Lead Worker and one Worker, and including all associated costs. OVERTIME HOURS: Title: Unit Cost Annual Hours Annual Cost Lead Worker: 21.00 per/hr X 35 hrs 735.00 Worker: 14.00 per/hr X 35 hrs 490.00 Vehicle& Supplies: 40.00per/day I days 40.00 SUBTOTAL 1,265.00 HOLIDAY HOURS: Title: Unit Cost Annual Hours Annual Cost Lead Worker: 21.00 per/hr X 10 hrs 210.00 Worker: 14.00 per/hr X 10 hrs 140.00 Vehicle& Supplies: 40.00per/day 1 days 40.00 SUBTOTAL 390.00 TOTAL FOR BID SCHEDULES"A" AND "B" 81,020.00 ATTACHMENT EXHIBIT"D" SCHEDULE OF COMPENSATION SCHEDULE "C": Rate for Transient Camp and Shopping Cart Clean-up work based on a two- man crew consisting of one Lead Worker and one Worker,each working 10 hour per day,40 hour per week, and including all associated costs. Title: Unit Cost Annual Hours Annual Cost Lead Worker: 22.00 per/hr X 2080 hrs 45,760.00 Worker: 12.00 per/hr X 2080 hrs 24,960.00 Vehicle& Supplies: 95.00per/day 197 days 18,715.00 SUBTOTAL 89,435.00 SCHEDULE "D": Rate for Emergency Call Out, based on an estimate of 70 hours annually and based on a two man crew consisting of one Lead Worker and one Worker, and including all associated costs. OVERTIME HOURS: Title: Unit Cost Annual Hours Annual Cost Lead Worker: 33.00 per/hr X 70 hrs 2,310.00 Worker: 18.00 per/hr X 70 hrs 1,260.00 Vehicle& Supplies: 95.00per/day 1 days 95.00 SUBTOTAL 3,665.00 HOLIDAY HOURS: Title: Unit Cost Annual Hours Annual Cost Lead Worker: 33.00 per/hr X 10 hrs 330.00 Worker: 18.00 per/hr X 10 hrs 180.00 Vehicle& Supplies: 95.00per/day 1 days 95.00 . SUBTOTAL 605.00 TOTAL FOR BID SCHEDULES "C"AND"D"93,705.00 GRAND TOTAL FOR BID SCHEDULES "A",°B", "C" AND "D": 174,725.00 PRICING FOR INITIAL THREE (3) YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: Pricing for initial three(3)years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index(CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increases, are at the mutual consent of the City and the Contractor. CONTRACT SERVICES AGREEMENT ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF-WAYS LOCATED IN CITY OF PALM SPRINGS THIS CONTRACT SERVICES AGREEMENT ( "Agreement") is entered into, and effective on Nfi 201f , between the CITY OF PALM SPRINGS, a California charter city and Municipal corporation, ("City") and So Cal Land Maintenance, Inc. a California Corporation ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City has determined that there is a need for providing roadside maintenance of specified city streets and right-of-ways located in the City of Palm Springs California project Project"). B. Contractor has submitted to City a proposal to provide roadside maintenance to City for the Project under the terms of this Agreement. C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Contractor to provide such contractservices. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light of such status and experience, Contractor covenants that it shall follow the highest standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Invitation for Bid; and, I Revised: 6/16/10 720669.1 ORIGINAL BID ANDOOR AGREEMENT 4) the Contractor's signed, original proposal submitted to the City ("Contractor's Proposal"), collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (]s`)the provisions of the Scope of Services (Exhibit "A"); 2nd)the provisions of the City's Request for Proposal (Exhibit "B"); (3`d) the terms of this Agreement; and, (0)the provisions of the Contractor's Proposal (Exhibit"C"). 1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor(a) has thoroughly investigated and considered the Scope of Services to be performed, b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City. 1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 2 Revised: 6/16/10 7206691 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of Two hundred forty three thousand sixty Dollars, ($243,060.00) ("Maximum Contract Amount") for the initial 3 year term, except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be 3 Revised: 6/16/10 720669.1 submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated by reference. 3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted) if Contractor, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, tires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for 4 Revised: 6/16/10 720669.1 performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the term shall not exceed three (3) years with two one (1) year renewal options from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty 30) days written notice. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. Contractor may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Contractor may determine. 4. COORDINATION OF WORK 4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Stephen Guise, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, 5 Revised: 6/16/10 720669.I were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City. 4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee. A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor. B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contractfees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall 6 Revised: 6/16/10 720669_1 not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contractliability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. WAIVED FAR-intain in Ad' fiHree and @Aeet thi,4---ghatit the tefm of this Agreement, standard industry fenm mill;en dollars ($1 nnn nnn 00) POF an,l t...,. million ,Jolla«,. ($2 nnn nnn 00) a .al aggrt l a..ae . ,:th .J.e .. of this st:enl.e ae a6eer FIS e 1) Gentrae.er shall either; (a) eoi4;a, iR writing to the Git, that afly Farts .vh:eh m lead to suah a ela;m a flat nentraeter. or (b) if GOAtraater .lees flat e...Jersome.d p viding that the red lim:.a of the pel:av shall apply a fatal, to ela;ms g f em e....ers and efn6siens in the fynd:t:en e f senyiees Under this Agreement 2) JF the polio.. of :nsuranee is e s'ola:ms made" ha the polio., shall be a .a.l :n fi.11 J:.«oa ef1d aliC of at ..I1 t;mea .!..ring the toFm of this Agfeeme..t Date aF the a mplet:on of the Se...,:ees n . :.Je.J In the Oyont Of*OF-Mangtion of the polie), during this period, Gentmeter shall ebtain e;the« a olio., eyi lamina n b obtaining separate extended "tail"v.aaioc cf.v t v a e, a....erage eaher..F.vh:ah shall he ....L.:egt t.. the..,rate.i a«..ra.,al h.,the !`;t.. Manager. 7 Revised: 6/16/10 720669.1 3) r., the a em the ..,.key of iHstl-aflep, ,ritte„ tin. an "eeeurrenee" B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars 1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of$10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the g Revised: 6116/10 720669.1 insurance policies required of Contractor under this Agreement: 5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement_(e.g., elimination of contractual liability or reduction of discovery period). unless the endorsement has_tirst been submitted to the City Manager and approve- m writ 5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 9 Revised: 6/16/10 720669.1 5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 5.3.1 1 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Contractor shall furnish City with both certificates of 10 Revised: 6/16/10 720669.1 insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1.The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract Na" or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. 11 Revised: 6/16110 720669 1 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Design ContractServices Indemnification and Reimbursement. If the Agreement is determined to be a "design contractservices agreement" and Contractor is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Contractor shall indemnify, defend at Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party'; collectively"Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Contractor shall require all non-design-contractsub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In addition, Contractor shall require all non-design- contractsub-contractors, used or sub-contracted by Contractor to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance 12 Revised: 6/16/10 720669.1 provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accountine Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. 13 Revised: 6/16/10 720669.1 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default. A. if the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Contractor to fulfill its 14 Revised: 6/16/10 720669.1 obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert Contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 15 Revised: 6/16/10 720669.1 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Aeainst Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise: A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or 16 Revised: 6/16110 720669.1 claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Citv: City of Palm Springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760)323-8204 Facsimile: (760) 323-8332 To Contractor: So Cal Land Maintenance, Inc. 3000 E. Coronado Street Anaheim, CA 92806 Attention: Stephen Guise, President Telephone: 714-231-1454 Facsimile: 714-630-9471 10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition 17 Revised: 6/16/10 720669.1 or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Excel2t as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights a a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 1911 Recitals The above-referenced Recitals are hereby incomorated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 18 Revised: 6/16/10 720669.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CITY" City of Palm Springs Date:p 1 ` By: David H. Ready City Manager APPROVED BY CITY COUNCIL APPROVED AS O FORM: ATTEST By: tCityDouglC. Holland, Thompson, City ly torney lerk APPROVED BY CITY COUNCIL: Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. 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OUr: a PAPF WdWW 9Pwb 6 CM14 NSSmrd NWwy Ammciml rr•w JAdw wdbtwy ap•14W4A NOTARY(I-OM7649M Am aW W 20 EXHIBIT "A" SCOPE OF SERVICES SPECIAL CONDITIONS FOR ROADSIDE MAINTENANCE SERVICES SCOPE OF WORK: Maintain six (6) assigned street routes (attached) located within the City of Palm Springs by policing and litter pick-up to remove paper, glass, trash, vegetation, and other accumulated debris from City streets and right-of-ways; from centerline of road to 10 feet off of road edge in both directions. All routes should be completed once during each ten (10) business day work period. Perform a city-wide palm frond route when directed by the Contract Administrator or his designee. During normal work hours, respond within thirty (30) minutes to radio, or telephone requests from the City's Street Maintenance staff to remove debris or vegetation that is located in the streets or right-of-ways from events such as traffic accidents, illegal dumping, paint, diesel and oil spills, downed trees, vegetation, and rain and wind storms, transient camp cleanup (trash bedding and other personal effects) as directed by City's Contract Officer. The Contractor must be prepared to respond to changing work assignments. An example is: being pulled off of an assigned route to respond to a request by the Contract Administrator, or her designee, to pick up an abandoned mattress or appliance, etc., and then immediately return to the previous assignment. Contractor shall maintain a log sheet of daily activities and hours worked that is turned into the City's Street Supervisor at the end of the work shift (log sheet will be provided by the Contract Administrator). Contractor shall provide phone number, pager number for all personnel on Call-Out" list. PERSONNEL. Roadside Maintenance Crew shall consist of two-person crew, both capable of lifting up to 100 Ibs in weight. The lead worker of each crew must be able to understand, read, and write English, possess an appropriate valid California Driver's License, and have knowledge of how to use the equipment listed below. One of the crew members will be designated as a lead worker and will be the primary point of contact to receive and implement instructions. Within 60 days of contract implementation a minimum of one individual member of the crew on duty must possess a current certificate of training in Work Zone Traffic Control. The certificate must be issued by the International Municipal Signal Association, the University of California Institute of Transportation Studies, or an equivalent training program approved by the City. The Contractor will be responsible for any cost associated with Traffic Control Certification. To provide for continuity, rotation of individuals assigned to this program must be held to a minimum. The City may, at its sole discretion, direct or allow the Contractor to use a single person to provide the required services. Such work, when authorized by the City, will be governed by the rates proposed in Schedule "A", or in the case of an emergency, Schedule "B". Except when directed otherwise, the Contractor will be required to provide a 2-man crew. MINIMUM EQUIPMENT NEEDED: A four-wheel drive vehicle equipped with a flashing arrow 21 sign (FAS), cones (10 each 28" orange with reflective bands), roadwork ahead sign (2 each) and caution light. Vehicle must have a hauling bed or pull trailer with a capacity no less than 10 feet long, five feet wide, with side boards at least five feet high. Anticipated mileage is in excess of 2,000 miles per month. Commercial hand tools, such as clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weed-eaters, and safety equipment, are required. Radio will be provided by the City. Contractor will be held responsible for loss and/or damage of equipment provided by the City. WASTE DISPOSAL: The City will be responsible for disposal of waste material collected by the Contractor and no fee should be included in the bid for dump fees. The Contractor will be responsible for sorting of material into the proper bins provided at the City Corporate Yard, located at 425 North Civic Drive, Palm Springs. Should the Contractor fail to dump the collected materials into the proper bins, Contractor will be responsible for payment of dump fees for the contaminated bin and repeat offenses could result in the Contractor becoming responsible for his own disposal arrangements, or termination of the Contract. 22 Roadside Maintenance Routes i Street From To Route 1 Palm Canyon Dr Vista Chino Gene Autry Trail Gateway Dr Highway 111 Rosa Parks Rd Rose Parks Rd Indian Canyon Dr Gateway Dr Tremview Rd Indian Canyon Dr West End Route 2 i Vista China Gene Autry Trail Whitswater Wash El Mirsdor Ave Caballeros Sunrise Way Tachevah Dr Ave Caballeros Sunrise Way Amado Rd Calls El Segundo Sunrise Way Baristo Rd El Cielo Rd Farrell Dr I i Route 3 Ramon Rd La Mirada Belardo Rd Crossley Rd Ramon Rd Avenue 34 El Clelo Rd Esooba Rd&Bike path Sunny Dunes Rd Ramon Rd El Cielo(incl. medians) San Luis Rey Ramon Rd San Luis Rey(so. Side) Ramon Bridge Mesquite Ave Vella Rd City Limit San Luis Rey Mesquite Ave Ranan Rd Sunny Dunes Rd Gene Autry Trail Crossley Rd Camino Parooells San Luis Rey Gene Autry Trail Indian Springs Crossley Rd Rio Blanco Rio Blanco Indian Springs San Luis Rey Public Rd Sunny Dunes Rd Camino Parocella Vella Rd(west Bide)Sunny Dunes Rd Mesquite Ave Route 4 S.Palm Canyon Dr E.Palm Canyon Dr South End Belardo Rd Alejo Rd Sunny Dunes Rd Sunny Dunes Rd S.Palm Canyon Dr Belardo Rd Alejo Rd PS Irntemtrnl.Airport Vine Rd Mesquite Ave S. Palm Canyon Dr West End Bogert Trail S.Palm Canyon Dr Andreae Hills Laverne Way Camino Real(S.side) Calls Palo Fierro 23 Street From To Route 5 Farrell Dr Tamarisk Rd Vista Chino c Sunrise Way North End Vista Chino Ave Caballeros Alejo Rd Satumino Rd Ave Caballeros Racquet Club Rd Via Escuela Calls Encfllia Alejo Rd Ramon Rd Celle El Segundo Alejo Rd Ramon Rd Route 6 Virginia Rd San Carlos San Rafael Radio Rd McCarthy Indian Canyon Dr Indian Canyon Dr Vista Chino Interstate 10 Indian Canyon Dr(W side)Interstate 10 le Ave j Garnet Rd East End W.City Limit I 20"'Ave W. City Limit Indian Canyon Dr Dillon Rd Melissa Lane Diablo Rd Tipton Rd Highway 111 Interstate 10 Wendy Rd Tipton Rd North End Salvia Rd West End East End Gene Autry Trail Interstate 10 Vista Chino Executive Dr Vista Chino Via Escuela Via Escueia Executive Dr(N side) Whitewater Club Route 7 Miscellaneous: Complaints,transient camp dean ups,traffic accidents,etc.,as instructed by Supervisor. Route 8 Highway 111 (fence line) Gateway(E side) End of fence line To be completed twice per calendar year as instructed by Supervisor. Palm Fronds To be completed as instructed by Supervisor;usually following adverse weather conditions;wind, rain,etc. Palm Canyon Dr Gateway Farrell Dr Indian Canyon Dr Ramon Rd Vista Chino Tahquitz Canyon Way Palm Canyon Dr El Cielo Cerritos Dr Ramon Rd Camino Parocells Camino Parocella Cerritos Dr Sunrise Way Frontage Road Camino Paroceila Cerritos Dr 24 DRAIN EASEMENTS DESERT WAY&LAS PAMPAS WAY, NORTH SIDE OF INTERSECTION NORTH END OF ORCHID TREE NORTH END OF BURTON WAY NORTH END OF SUNSET WAY EAST END OF CALLE CONJERA EAST END OF CALLS PAPAGAYO QUINCY WAY,SOUTH SIDE OF STREET MESQUITE&CERRITOS, NORTH SIDE OF INTERSECTION PEBBLE BEACH&LAKESIDE DRIVE, SOUTH SIDE OF INTERSECTION PASEO CAROLETA&CALLE PAUL,EAST SIDE OF INTERSECTION ARNICO&NORLOTI, EAST SIDE OF INTERSECTION EASEMENT THAT RUNS NORTH TO SOUTH FROM VISTA CHINO TO EL CONQUISTADOR MESQUITE&COMPADRE, NORTH SIDE,FROM STREET TO END OF CEMENT FEY NORTE TO CHIA OFF OF VISTA CHINO CALETA WAY EAST OF HERMOSA EAST END JULIAN&JUANITA 25 1 6 lam` _ a® arg _ 5 J SAN GORGONIO aaaw a 9228 d a g a s r 10 12 b 9 NNY C j N N 1B P 17 L M 1 13 1e- j 9223q I p Iaugalp i 92262 Z4 19 71 AMWMM e, if PALM r M- I I i I y 10 Ln z I INiA a a -a u i n;' — —••— o w SLF 4p i r • i 3_ A' I 1 a.J. I MLL 1 r V I 1 1i YI 1 Iti 9r'y"_ o Iti 2 I n i N 1 R!f k 1 r LL t5vx 1 We M:a1VMYt 90M1R WJM. dek 28 rw ice a w c T pp a K S SPGS I FRIC WALES 4 1 t.r ar,4 r ei .i rrr < f l*-fj W- fiCam'T •, -r t r 1 1 Mai, Id!Eli rm F , 4 lul L4 61 Ya p IMP 5/ pGGGpGGGp FFF 9 INiIn, g 71 - ij n Srf.. .. i WOQ•O' N IN SR L I . w I, f f l.y..• C RY W j 1M] PAM UP, 6, Yof a' ti Tr I P asar w F All V i 33 36i 226 36 71 F SPRING ru - I f m1 10 71 7Y i 76 15 14 13 78 389 V 1' A yY41T: fT- t7M Z% I , a g' M- 7., r ja IN A.. . 1l E tea.,.. . a+ a .. i•` .. E _ '". 0 17 .,. ,•". 1 h Ilk AITT IF l r J1-Art% l pi *• 1 t EXHIBIT "B" CITY'S INVITATION FOR BID INVITATION FOR BID IFB 15-11 FOR PROVIDING ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF- WAYS LOCATED IN CITY OF PALM SPRINGS, CALIFORNIA THIS INVITATION FOR BID CONSISTS OF THE FOLLOWING: PAGE CONTENTS ....................................................................................................................................1 NOTICE INVITING BIDS............................................................................................................. 2-3 BIDDER'S CHECK LIST................................................................................................................. 4 TERMS & CONDITIONS .............................................................................................................5-9 SCOPE OF WORK& SPECIAL CONDITIONS ....................................................................... 10-12 ATTACHMENT "A", MUST BE MANUALLY SIGNED....................................................................13 ATTACHMENT"B" ROUTE LIST AND MAPS.........................................................................14-26 BID PROPOSAL, PAGE 28 MUST BE MANUALLY SIGNED...................................................27-28 AFFIDAVIT OF NON-COLLUSION ...............................................................................................29 INFORMATION REQUIRED OF BIDDER .....................................................................................30 BIDBOND.....................................................................................................................................31 SAMPLE PAYMENT BOND FORM..........................................................................................32-33 EXHIBIT "A" SAMPLE CONTRACT SERVICES AGREEMENT ...............................................34-58 NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF, OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. ADDRESS: Procurement& Contracting 3200 Tahquitz Canyon Drive Palm Springs, CA 92262 760) 323-8237 DATE DUE: TUESDAY, MARCH 24, 2015 TIME DUE: 3:00 P.M., LOCAL TIME COMPANY NAME: ADDRESS: TELEPHONE/FAX: E-MAIL ADDRESS: AUTHORIZED SIGNATURE: PRINT NAME: 36 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS IFB 15-11 ROADSIDE MAINTENANCE SERVICES NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting bids from qualified Contractors for the following: Provide roadside maintenance on six (6) assigned street routes located within the City of Palm Springs by policing and litter pick-up to remove paper, glass, trash, vegetation, and other accumulated debris from City streets and right-of-ways, from centerline of road to 10 feet off of road edge in both directions, in addition to a city-wide palm frond route when directed. Bids will be received until 3:00 P.M., TUESDAY, MARCH 24, 2016 at the Office of Procurement and Contracting, 3200 Tahquitz Canyon Way, Palm Springs, California, 92262, at which time they will be publicly opened and read in the Procurement and Contracting Office. No Bid will be considered unless it is made on a bid form furnished by the City. Bids must be submitted in sealed envelopes and either hand delivered or mailed to: City of Palm Springs, Procurement and Contracting Division, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262. Each sealed envelope containing a Bid must be plainly marked on the outside as "IFB #15-11 Roadside Maintenance Service". The envelope shall show on the outside the name of the Bidder, Bid title, Bid number and time and date of the Bid Opening. The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of Bids. Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see that any Bid sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened. Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value). Such guaranty shall be forfeited should the Bidder to whom the Work is awarded fail to furnish the required proof of insurance, bonds and enter into a Purchase Order Contract with the City within the period of time provided by the IFB's requirements. OBTAINING IFB DOCUMENTS AND REGISTRATION AS A BIDDER: The bid documents may be downloaded via the internet at www.i)almspringsca.gov (go to Departments, Procurement, Open Bids & Proposals). Note: You may also register your Company in the City's on-line general vendor database system while on the website, but you MUST still contact Public Workings & Engineering as instructed below to register as a Bidder for this specific IFB 15-11. NOTE: Contact Leigh Gileno, Procurement Specialist II via email at Leigh.Gileno(dpalmspringsca.gov to register as a Bidder. Failure to register as a Bidder may result in not receiving bid addenda. Failure to acknowledge addenda with your bid may cause your bid to be considered non-responsive. CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner 37 via the Division of Labor Standards Enforcement) as further described in Article 5 of the Construction Contract(Mutual Obligations). A copy of said wage rates is available on-line at: www.dir.ca..qov/dlsr/DPreWageDetermination.htm The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates and other notices prescribed by regulation at the project site. The City of Palm Springs reserves the right to reject any or all Bids and to waive any informality or technical defect in a Bid. It is the responsibility of the Bidder to see that any Bid sent through the mail shall have sufficient time to be received by the Procurement Office prior to Bid opening time. Late Bids will be returned to the Bidder unopened. The receiving time in the Procurement Office will be the governing time for acceptability of Bids. Telegraphic and telephonic Bids will not be accepted. February 18, 2015 Procurement Specialist II 38 BIDDER'S CHECK LIST INSTRUCTIONS TO Bidder I GENERAL: Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation For Bid only the documents shown and detailed on this sheet need be submitted with and made part of their Bid. Other documents may be required to be submitted after Bid time, but prior to award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet MAY RENDER THE BID NON- RESPONSIVE. II REQUIRED DOCUMENTS FOR BID: BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the Bid. NOTE: ONLY THOSE ITEMS MARKED BY AN "X" ARE REQUIRED. X Page (1) one, Invitation For Bid, must be manually signed. X All Addenda issued shall be acknowledged in the space provided on Attachment A", page 13. Failure to acknowledge all Addenda may render your Bid non- responsive. X Bid Schedule Page, page 28 must be manually signed. X Erasures or other changes made to the Bid Proposal pages must be initialed by the person signing the Bid. X Affidavit of Non-collusion by Contractor form, page 29 must be notarized, and signed by a Notary Public. X Information Required of Bidder, including reference information, Page 30 must be completed. X Bid Bond, Certified Check, Cashier's Check, Money Order or Cash shall be submitted with the Bid in the amount indicated. Page 31 must be executed and notarized as indicated, if applicable. Other: 39 CITY OF PALM SPRINGS TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS 1. Bids must be submitted on Bid forms supplied by the Procurement and Contracting Office in a sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number and date of opening. The sealed envelope containing the bid must be enclosed in another envelope addressed to the City of Palm Springs, Procurement and Contracting, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262. 2. Bids submitted may be withdrawn by written request received before the hour set for the opening. After that time, Bids may not be withdrawn by the Bidder for a period of ninety 90) days and at no time after award of Bid. 3. The City of Palm Springs reserves the right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time, agreements of similar nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily. The City also reserves the right to make such investigations as it deems necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. 4. Bidder's signed bid and written acceptance by the City shall constitute an agreement. 5. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Invitation For Bid, and any attached agreement. Failure of a bidder to carefully read and examine the Bid documents shall in no way relieve any Bidder from any obligation with respect to the Bid. 6. The price quoted by the Bidder in his/her bid shall include any sales or use tax levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of Congress. 7. When discrepancies occur between unit prices and extended amounts the unit prices shall govern. 8. Bidder will be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public with a commission in the State of California. 9. Successful Bidder will be required to be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax and must meet the City's insurance requirements. 10. Award of Bid: The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) or technical defect in a bid, or to make award in whole or in part, to the lowest responsive, responsible bidder on the basis of the total of the Bid Schedule, and reject all other bids, as it may best serve the interest of the City. 40 11. The decision of the Palm Springs City Council will be final. 12. Any questions pertaining to this Invitation for Bid should be directed to: Leigh Gileno, Procurement Specialist II Procurement& Contracting Dept. 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Leigh.Gileno(&i)almspringsca.gov DEADLINE FOR RECEIPT OF QUESTIONS IS 3:OOPM ON TUESDAY, MARCH 17, 2016 Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of Addenda, mailed or delivered to all parties recorded as having received the Bid Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 13. It is understood that the services offered by the Bidder will meet all requirements of the specifications in this Invitation unless deviations there from are clearly indicated in an attachment titled "Exceptions to Specifications" submitted and signed by Bidder's authorized representative. In order for the Bid to be considered, an explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken. 14. Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value). Such guaranty shall be forfeited should the Bidder to whom the Contract is awarded fail to furnish the required proof of insurance, bonds and enter into a Contract with the City within the period of time provided by the IFB's requirements. 15. Basis of Award: It is the City's intent to award on an "ALL OR NOTHING" basis to the lowest responsive and responsible Bidder on the basis of the unit prices submitted on the Bid Pricing Page of this document. 16. Notice of Award: After Award of the Bid by the Palm Springs City Council, a Notice of Award and Purchase Order will be issued to the successful Bidder. The successful Bidder shall provide all required Certificates of Insurance within 14 calendar days. 17. Local Preference in Public Works Contracts (Sub-Contracting). The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contractors are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non-responsive 41 the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. 18. California Wage Rate Requirements: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement) as further described in Article 5 of the Construction Contract(Mutual Obligations). A copy of said wage rates is available on-line at: www.dir.ca.gov/disr/DPreWageDetermination.htm The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates and other notices prescribed by regulation at the project site. 19. Performance Bond: The requirements of a performance bond have been waived for this project. 20. Payment/Labor and Materials Bond: The successful Bidder shall furnish within 14 calendar days after Notice of Award, a Payment/Labor and Materials Bond in the amount of twenty-five thousand dollars ($25,000.00) in the form provided by the City Clerk, to satisfy claims of material suppliers and mechanics and laborers employed by Contractor on the work. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be certified and current copy of his power of attorney. The bond shall be unconditional and remain in force until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. 21. Notice to Proceed: A Notice to Proceed will be issued upon receipt of the required and approved Certificate of Insurance and the required bonding. 22. Termination for Default: The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the City. The prevailing market price shall be considered the fair repurchase price, If, after notice of termination of this contract under the provisions of this clause, it's determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 42 23. Termination for Convenience: The City may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time. The City shall pay the vendor as full compensation for performance until such termination the unit or pro rate price for the delivered and accepted portion, and a reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the City, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. In no event shall the City be liable for any loss of profits on the resulting order or portion thereof so terminated. The rights and remedies of City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 24. Fiscal Year: Obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funding from which payment can be made. No legal liability shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. 25. Governing Law: This contract shall be construed and interpreted according to the laws of the State of California. 26. Increases to Scope of Work: The City may, at any time Work is in progress, by written Order, make alterations in the terms of the Work as shown in the Specifications, require the performance of extra work, or make such other changes as the City may find necessary or desirable. The successful Bidder shall not claim forfeiture of Contract by reason of such changes by the City. The amount of compensation to be paid to the Contractor for any extra Work as so ordered shall be determined by unit prices quoted on the Bid pages of these documents. 27. Decreases to Scope of Work: The City may, at any time work is in progress, decrease the quantity of the Work to be performed under this Contract. The Contractor shall execute the Work as so ordered by the City, and the difference occasioned by the decrease shall be deducted from the amount payable under this Contract. The amount of such deduction(s) shall be determined by the unit prices quoted on the Bid pages of these documents. If such changes diminish the quantity of the Work to be done, they shall not constitute a claim for damages or for losses of anticipated profits if the Work which may be dispensed with, and the Contractor shall not claim forfeiture of Contracts by reason of such changes by the City. 26. Acceptance of Work: During performance and upon completion of the Work on this project, the Contractor will remove all equipment and instruments of service, all excess or unsuitable materials unless otherwise directed by these Specifications. The Contractor shall leave the entire area in a neat, clean and acceptable condition as approved by the Streets Maintenance Superintendent (Contract Administrator) or his designee. 29. Final Determination: The Bidder agrees that the City has the right to make all final determinations as to whether the Work has been satisfactorily completed. 30. Time of the Essence: Time is of the essence in performance of the Work. 31. Liquidated Damages: The application of Liquidated Damages have been waived for this project. 43 EIRY aGGFU8d liquidated damages. 32. Insurance Requirements: Prior to commencing any work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. For types of insurance required and the coverage amounts see the Exhibit included in this bid document for detailed Insurance instructions. 33. Contract Administration: After the Contract is awarded the Contract Administrator for the Palm Springs Streets Maintenance Division is to be Valerie Wagner, Street Maintenance Superintendent, or her designee. 34. Term of Contract: The term of this Contract will be for (3) three years from date of award, with two (2) one (1) year renewal options upon mutual consent of the Contract Administrator and the Contractor. A. Option to Renew: At the sole discretion of the City, the Contract may be renewed for two additional years or any portion thereof. B. Contract Services Agreement: The successful bidder will be required to sign a Contract Services Agreement in a form acceptable to the City. A sample of such an Agreement is attached as an Exhibit "A" herein. C. Schedule of Work - The Contractor shall furnish to the City Representative a detailed work schedule showing how the Contractor will accomplish the Contract requirements. This work schedule shall indicate the number of personnel, tasks to be performed by each person and the amount of time necessary to accomplish the work. The schedule shall be kept throughout the duration of the Contract, and shall be modified and re-submitted to the City Representative as required. Any work to be performed not conforming to this schedule shall be approved by the City Representative prior to such occurrence. D. Adjustment of Services - The City reserves the right to reduce or increase, or otherwise adjust the scope of services. 35. Invoicing: The Contractor will submit an itemized invoice quarterly/semiannually listing separately each of the zones listed on the Bid Proposal form. The invoice shall be accompanied by receipts, dated and signed by a City employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Administrator for approval. Billings must reference the purchase order number and shall indicate the unit (contract) price. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the vendor are authorized. It shall be the vendor=s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. 44 SCOPE OF WORK SPECIAL CONDITIONS FOR ROADSIDE MAINTENANCE SERVICES IFB 15-11 1. BASIC FUNCTION: Under the direction of the Contract Administrator or his designee, remove debris and vegetation from specified City streets and right-of-ways. Clean-up of transient camps on City property only. 2. SCOPE OF WORK: Maintain six (6) assigned street routes (Attachment "B" attached) located within the City of Palm Springs by policing and litter pick-up to remove paper, glass, trash, vegetation, and other accumulated debris from City streets and right-of- ways; from centerline of road to 10 feet off of road edge in both directions. All routes should be completed once during each ten (10) business day work period. Perform a city-wide palm frond route when directed by the Contract Administrator or his designee. During normal work hours, respond within thirty (30) minutes to radio, or telephone requests from the City's Street Maintenance staff to remove debris or vegetation that is located in the streets or right-of-ways from events such as traffic accidents, illegal dumping, paint, diesel and oil spills, downed trees, vegetation, and rain and wind storms, transient camp cleanup (trash bedding and other personal effects) as directed by City's Contract Officer. The Contractor must be prepared to respond to changing work assignments. An example is: being pulled off of an assigned route to respond to a request by the Contract Administrator, or her designee, to pick up an abandoned mattress or appliance, etc., and then immediately return to the previous assignment. Contractor shall maintain a log sheet of daily activities and hours worked that is turned into the City's Street Supervisor at the end of the work shift (log sheet will be provided by the Contract Administrator). Contractor shall provide phone number, pager number for all personnel on ACall-Out@ list. 3. WORK HOURS: Regular work hours consist of 5:30 A.M. to 4:00 P.M. Monday through Thursday, unless otherwise modified by Contract Administrator or her designee. Any hours worked other than the regularly scheduled hours are considered "emergency call- out" hours, and will be scheduled only at the direction of the Contract Administrator. Contractor has the right to modify the regular work hours/days upon 30 days written notice and approval by the Contract Administrator; however, regular work hours will not exceed 10 hours per day or 40 hours per week. Emergency call-out hours may be necessary in the case of downed trees, storm debris in right-or-ways, or any condition endangering the safety of the public. The Contractor must respond to an emergency call-out within one (1) hour. Hours worked on an emergency basis will be logged in the same way as regular hours, and will be indicated on the Contractor's invoice as "emergency call-out hours". Except in the case of an emergency call-out, there will be no work scheduled on days that the City is closed for holidays: New Year's Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 45 It is anticipated there will be sufficient workload to use the approximate 320 labor hours available per month (2-man crew, 10 hours per day, 4 days per week). However, there may be occasions when the City determines there is inadequate workload and may choose to require the crew to work less than ten hours per day. Therefore, it is imperative that the Contractor's bid proposal be on an hourly basis. The hourly rate must include the cost of equipment, insurance, uniforms or any other costs associated with this work. The Contractor will bill the City monthly using the number of hours worked as the basis for payment. Individuals assigned to this program will, in addition to daily log sheets, be required to record hours worked on a daily basis at the direction of the City official. 4. PERSONNEL. Roadside Maintenance Crew shall consist of two-person crew, both capable of lifting up to 100 Ibs in weight. The lead worker of each crew must be able to understand, read, and write English, possess an appropriate valid California Driver's License, and have knowledge of how to use the equipment listed below. One of the crew members will be designated as a lead worker and will be the primary point of contact to receive and implement instructions. Within 60 days of contract implementation a minimum of one individual member of the crew on duty must possess a current certificate of training in Work Zone Traffic Control. The certificate must be issued by the International Municipal Signal Association, the University of California Institute of Transportation Studies, or an equivalent training program approved by the City. The Contractor will be responsible for any cost associated with Traffic Control Certification. To provide for continuity, rotation of individuals assigned to this program must be held to a minimum. The City may, at its sole discretion, direct or allow the Contractor to use a single person to provide the required services. Such work, when authorized by the City, will be governed by the rates proposed in Schedule "A", or in the case of an emergency, Schedule "B". Except when directed otherwise, the Contractor will be required to provide a 2-man crew. 5. MINIMUM EQUIPMENT NEEDED: A four-wheel drive vehicle equipped with a flashing arrow sign (FAS), cones (10 each 28" orange with reflective bands), roadwork ahead sign (2 each) and caution light. Vehicle must have a hauling bed or pull trailer with a capacity no less than 10 feet long, five feet wide, with side boards at least five feet high. Anticipated mileage is in excess of 2,000 miles per month. Commercial hand tools, such as clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weed-eaters, and safety equipment, are required. Radio will be provided by the City. Contractor will be held responsible for loss and/or damage of equipment provided by the City. 6. WASTE DISPOSAL: The City will be responsible for disposal of waste material collected by the Contractor and no fee should be included in the bid for dump fees. The Contractor will be responsible for sorting of material into the proper bins provided at the City Corporate Yard, located at 425 North Civic Drive, Palm Springs. Should the Contractor fail to dump the collected materials into the proper bins. Contractor will be responsible for payment of dump fees for the contaminated bin and repeat offenses could result in the Contractor becoming responsible for his own disposal arrangements, or termination of the Contract. 46 7. LICENSE REQUIREMENT: Successful Contractor will be required to have a City Business License. 8. TERM OF CONTRACT: The term of this Contract will be three (3) years from date of award, with two (2) one year renewal options upon mutual consent of the City's Director of Public Works and the Contractor. 9. COMPENSATION: The first three (3) years of the contract will be paid monthly at the hourly rates bid. If the optional fourth year renewal is exercised, the hourly rates bid shall be adjusted once based on the regional (Los Angeles/ Riverside/Anaheim) Consumer Price Index (CPI) for the prior twelve months, to be effective on the anniversary date of the contract. If the optional fifth year renewal is exercised, the rates will remain the same as those in year four, with no additional adjustment. 10. AWARD OF BID: The bid will be awarded to the lowest responsive and responsible Bidder based on the Grand Total of Bid Schedules "A" and AB@. Schedule A and Schedule B, Grand Total of Schedules A and B, Non-Collusion Affidavit, Information Required of Bidder, and the Bid Bond must be filled out in their entirety and submitted. Responsibility of a bidder will be determined by the City based on each bidders experience and references. The City will be the sole judge with respect to the responsiveness and responsibility of each bidder. 11. CONTRACT SERVICES AGREEMENT: The successful bidder will be required to sign a Contract Services Agreement in a form acceptable to the City. A sample of such an Agreement is attached as Exhibit"A" herein. 12. PERFORMANCE BOND: The requirement of a Performance Bond shall be waived. 47 ATTACHMENT "A" IFB 15-11 PROVIDE ROADSIDE MAINTENANCE NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR BID* SIGNATURE AUTHORIZATION NAME OF PROPOSER/CONTRACTOR: A. I hereby certify that I have the authority to offer this bid to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my bid. SIGNATURE PRINT NAME B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; A corporation 2. My tax identification number is: CHECK IF THE FOLLOWING STATEMENT APPLIES: My Contractor/company is a Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license from a jurisdiction within the Coachella Valley is required to be attached to this document in order to request the Local Preference. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your bid being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addendum: Addendum(s) # is/are hereby acknowledged. 48 NOTE: " Attachment B (routes and maps) pages that appeared in the IFB may be found in Schedule "A" Scope of Work of this Agreement. The Bid Schedule and other executed forms as they appeared in the IFB may be found in Exhibits C and D. 49 EXHIBIT "C" CONTRACTOR'S PROPOSAL INVITATION FOR BID IFB 15-11 FOR PROVIDING ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF- WAYS LOCATED IN CITY OF PALM SPRINGS,CALIFORNIA THIS INVITATION FOR BID CONSISTS OF THE FOLLOWING PAGE CONTENTS....................................................................................................................................1 NOTICE INVITING BIDS............................................................................................................. 2-3 BIDDER'S CHECK LIST...............................................................................................................1. 4 TERMS&CONDITIONS .............................................................................................................5-9 SCOPE OF WORK&SPECIAL CONDITIONS....................................................................... 10-12 ATTACHMENT"A",MUST BE MANUALLY SIGNED....................................................................13 ATTACHMENT"B",ROUTE LIST AND MAPS.........................................................................14-26 BID PROPOSAL,PAGE 28 MUST BE MANUALLY SIGNED...................................................27-28 AFFIDAVIT OF NON-COLLUSION...............................................................................................29 INFORMATION REQUIRED OF BIDDER.....................................................................................30 BIDBOND.....................................................................................................................................31 SAMPLE PAYMENT BOND FORM..........................................................................................32-33 EXHIBIT"A"SAMPLE CONTRACT SERVICES AGREEMENT...............................................34-58 NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF,OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. ADDRESS: Procurement&Contracting 3200 Tahquitz Canyon Drive Palm Springs,CA 92262 760)323-8237 DATE DUE: TUESDAY,MARCH 24,2015 TIME DUE: 3:00 P.M., LOCAL TIMEI I COMPANY NAME: 50 G'A1 (And 1"-/`'1m->;YV YI-' Ih('. ADDRESS: 3UDr7 E CaronrO S"IY-C2 TELEPHONEIFAX: E-MAILADDRESS:oeAl m, t)YY7 AUTHORIZED SIGNATURE: C IIOO PRINT NAME: JTL n 50 ATTACHMENT"A" IFB 15.11 PROVIDE ROADSIDE MAINTENANCE NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR BID" SIGNATURE AUTHORIZATION NAME OF PR OSER/CONTRACT R a L Nt i . ru r A. I hereby certify that I have the auk r' t offer this bid to the City of Palm Springs for the above listed Individual or I yy rt'rfy that I have the authority to bind myself/this company in a contract shou I e6essful In my bid. SIGNATURE ift n &0(sel PRINT NAME B. The following information relates to the legal contractor listed above,whether an individual or a company. Place check marks as appropriate: 1. If successful,the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; A corporation 2. My tax identification number ls:GCO CHECK IF THE FOLLOWING STATEMENT APPLIES: My Contractor/company is a Loral Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license from a jurisdiction within the Coachella Valley is required to be attached to this document in order to request the Local Preference. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your bid being deemed non-responsive. In the space provided below,please acknowledge receipt of each Addendum: Addendum(s)# 1 I JL1 islare hereby acknowledged. 51 BID PROPOSAL FOR ROADSIDE MAINTENANCE SERVICE(IFS 15-11) Responding to Invitation For Bids No. 15.11 for providing roadside maintenance for assigned street routes located within the City of Palm Springs, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. IANe will accept as full payment therefore the following amount. NOTE: BIDDERS MUST COMPLETE SCHEDULE "A" AND SCHEDULE"B". Note: Offeror should state the hourly rate for each level of personnel provided for in this Contract and which will apply to all work of the Contract. The hourly rate shall constitute the sole basis for payment and include all associated costs or charges Le, vehicle, supplies, insurance, uniforms, not all inclusive). SCHEDULE "A": Rate for Roadside Maintenance work based on a two-man crew consisting of one Lead Worker and one Worker, each working 10 hours per day, 40 hours per week, and Including all associated costs. Title Unit Cost Annual Hours Annual Cost Lead Worker. yoerrhrs Worker: 1 oer/hrrSW X 2080 hrs Vehicle&Supplies: oJ pedday X197 days f a gl) SUB TOTAL: T— SCHEDULE "B": Rate for Emergency Call Out, based on an estimate of 70 hours annually and based on a two man crew consisting of one Lead Worker and one Worker, and including all associated costs. Tide Unit Cost Annual Hours Annual Cost Overtime Hours: i Lead Worker. per/hr X 35 hrs 36 Worker: 14 per/hr X 35 hr Vehicle&Supplies: `10 per/day X1 day Ha Holiday Hours: Lead Worker: 1 oer/hr X 10 hrs ai'O Worker. perthr X 10 hrs Vehicle&Supplies: —9D—perldsy X1 days 4f 10 SUB TOTAL: 27 52 GRAND TOTAL OF BID SCHEDULES"A"and Q . B" : l —7ITotalAmountinWords: ES 6.K trh ©Nk_ I 6-14 w- NM Sc Total Amount in Figures: $ 1-1 '6 It is understood and agreed that this Bid may not be withdrawn until sixty(50) days from the date of the opening thereof, and at no time after award of Bid. Prices to remain fired for Initial contract period of 3 years. PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index(CPI)for the to/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal rs 4 and 51 and any associated CPI increase, are at the mutual consent of the City and thetractor. So Ceti [And tm ins-mnLe, Inc,: NAME OF BIDDER (PERSON, CONTRACTOR, CORP) aQ e /,ro dO ` ie-e, REPRESENTATIVE HORIZED JW C.['J 1 rT-T 7 REPRESENTATIVE ADDRESS gWlr-, r CA Vko& NAME TITLE(PRINTDINT OR T 1Er Sid nf TYPE) ADDRESS Z., 2 9-'C14) a DATE TELEPHONE NUMBER 714) wui'Sc° )s FAX NUMBER EMA 28 53 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY OFFEROR AND SUBMITTED WITH PROPOSAL State of California ss. Countyof Ul52 being first duty worn,dep}sea and says that he or she is PYLf- of 11 /(! [a t1 OU.fllft'rwrnt8he party making the foregoing bid that the bid is not made in he interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not Collusive or sham;that the bidder has not directly or indirectly induced m solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements Contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay,any fee to any corporation, partnership, company assoclatlan, organization, bid depository, or to any member or agent[hereof to effectuate a collusive or sham bid. BIDDER Cp U I BY TITLE pv iA rLt ORGANIZATION 70 qrd V0it'1'fGytQl'U:(, A nOaryP aothMo Pox mmplMYlhN/q SS 6000 57 60rprVw(b 5l tr%em- 4soMruieMditltrda.maNNu+wwrmws.1'Y[.l'L'I YI't , C'/t •("0 fo mameattoWMeaartlgagrs4ttaeAe4w mr ee trolMxhq anrnry,aMaMdNrtdooa0ea. SUBSCRIBED AND SWORN TO BEFORE ME THIS e1$ DAY OF M6.eM 20(A--- NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE J.aHANOERI MY COMMISSION EXPIRES: SQ0.1 H r N \V n CMIMISri00 R 1946500 Notary Putim-caiilornia : Orange County My Comm.Expires Se 14.2015+ 29 54 BID BOND KNOW ALL MEN BY THESE PRESENTS, That So Cal Land Maintenance,Inc. as Principal,and Westchester Fits Insurance Canpany as Surety, are held and contractually bound unto The City of Palm Springs, hereinafter caged the"City"in the SLIM of: Ten Percent(10%)of the total bid amount dollars Not less than 10 percent of the total amount of the bid) for the payment of which sum,well and truly to be made,we bind ourselves,our heirs,executors, administrators,successors,and assigns,jointly and severally,contractually by these presents. WHEREAS,said Principal has submitted a bid to said City to perform the Work required under the bidding schedule(s)of the Citys Contract Documents entitled: IFS 15-111, PROVIDING ROADSIDE MAINTENANCE SERVICE OF SPECIFIED CITY STREETS AND RIGHT OF WAYS NOW THEREFORE, if said Principal is awarded a contract by said City, and,within the time and in the manner required in the"Notice Inviting Bids"and the"Instructions to Bidders"enters Into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance,and furnishes the required Performance Bond and Payment Bond,then this obligation shall be null and void, otherwise it shall remain In full force and effect. In the event suit is brought upon this bond by said City and City prevails, said Surety shall pay all costs incurred by said City in such suit,including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED,this 20ih day Of March 20 _ So Cat Land Mainten c- SEAL) SEAL) ISEAL) Principal) Westchester Fire Insurance Conn SEAL,) SUr By: Signal re) By: Dale Harshaw,Attorney-in Fact Signature) SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) 31 55 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this cerlificale verifies only the identity 01 the individual who signed the document to which this certificate is attached,and not the hutMWness,amuracy,or validity of that document. Stale of California County of San Diego On March 20,2015 before me, Maria Hallmark, Notary Public insert name and title of the officer) personally appeared Dale Harshaw who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)islare subscribed to the within instrument and acknowledged to me that hetshelthey executed the same in histherttheir authorized capacity(ies),and that by his/her/their signatures)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 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RwEx Nf °r r.nw mrPnr .xwrmrm wwJ _- oaea hereby nomuum uhMjWRmld appd[yr411Of,D41311AR3lIAW,G eY ShelmO KYIa Xus6,Mlgne fJy0nla,Rd$kY Qv0.lul Twq•Spepn aKMlM' ,' Cay of SAN DIEM.California,mh d Wuetlylfshom W mme lhpn uepwa£d,id Waerd luw(ul anorrcy in fed,to make,cools,lal lld ddlfvef on M Scwf, aMlm in,iMalq?vManY°b9 ell bpmM uMsClkfdgs xemBnaancaF conlrxv aMi peer wpUslg7n[Iq mum lhprwin vm4li-p4 AN emldmE Flflun million ib1 h d ge..c.lymiSp(RI,Y1daRmAdlfud!by Oe ofauchd,{dpmpve.L1. apro oIv*J,tJ 6mwdpgupo¢ggNJ Caryypny,ss(ully and emyly mifhryhadbeendulyfacettedmgaiknOwledgedf!Y the iejS,almlY elected PIRPM of Ne/?MndanY M;IR prpwipd aRfce„I nu WnWESS WHMOF.Ihaa0smptwn[.1R.",Y64rciden4 has hercunWWhtcd3'PedM nunPard wr{. tfie colpaT.,.w f,",4 PVESTCH"-ER FIRE UNSURANCE COMPANY W.Id f May 2UF$ W RSTCN66'i'SR FFRE Ip1aVIMTiC t6 COMPANY SlaFlda dA,FWgy.Vke^tM1' C'OMMONWEACfR OF PENNSYLVANIA COUNIY OF PIf1LADW-IVA u - OP.idtw flit Mar AD1011xk FIRE PPyybbJc the Co`1111nonweEllh ofPonnrylYpniEln alM r U1 COIMyaflMllPdelFfiu bhR SWphmMpromsViumprmlmj1WoWFS4eciod#m a IMod Rbe4 ,*tdihmlhv tomeprmmllyknpvnwba the nAdlYld city Pf ieEau!dlhaVWmidorpoumonnrdAeaPkMwbdW*4almeracdyddh0 W14%W4 imolgrof , mdmprmedwg Am 1W RmoIt Jp eeradopW'Iy wid Cp ofpij Ih!dse Mldcorpaem Beal dnd his ngnnmre WOYndury nlmleddry dle M11M1WAry And dlre vlf.WlhP s9d cvrprplkin HN tlSc Rasolydwb adapmd by'>!9aasd Pp W n - ofeeid Compmy,mhnad to inthafMudingnyW.4na0n Is n91v naplge l4 TESTIMONY W13EREOF;I have M1ercunio SEYidy hold pnd'idiaed mynifildW aal n IAeCIry Of YhIlWdphuPTdday eM year CMt aWve wrill'cn F? k i k y J aa u11B1 E F I,Im arAde Aaalpara$ecremry OflM1e s'FS CHS'TER•MRg'INSUNANCE COMPANY dvherbYy mMCy WI{h Nipn llpDtYF@Dh t;TT4fk1aGY:oI•. wluctruW funxowe Wottba mllry tAw wo PWtoot *,'N 16&1 fofve Md etlkl In.wimasa w>!lamY,fhive heryngaubssn611d AIYr?amPAa 3xalipM Selanu;':pod sfliud Ne eerpOsa R sad of fps Corpulpn,Ulls2y{[6dai'cf IdkaChr` 2015 q¢¢ 1 r ww W v+wf`K iq''E^I!M mMgy ' I ZFIfS P4W6R OF AT"1DRHEY MAY NOT BEllSED'FpE%ACUTE AI:Y BOSI I SyfTH AT7'I{1C'EPI'IONDATE.AFXER ffpWStllf 57 CITY OF PALM SPRINGS PROVIDING ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF- WAYS LOCATED IN THE CITY OF PALM SPRINGS,CALIFORINA Informatlon Required of Bidder NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL ALL APPLICABLE ITEMS MUST BE FILLED OUT. Bidder is required)to_"supply the following: 1) Contractor/Contractor Name and Address: jo CAI,I, (Andd 1KAiY1{G"yIL4, kx1. 2) Name and Title of person authorized to,negotiate a contract for the Contractor: PYwn vi5r, pf es.`l dent F, i3) Telephone Number.( 1 V;J I"' Ira°f' FAXX Number) l 14) 6 S b- qN 4) Type of Contractor. _Individual _Partnership _Corporatan _Other 5) Corporation organized under the laws of the State of rA Irb rl1!i- 6) Business License No. qw Q0 Expiration Date: 3 17 7) List at least five (5) current contracts which are similar to the City of Palm Springs' requirements. Contract$ Contract Account Name&Address Contact Person Amount Term Phone Number a. i00D CC P rr -3'oLN. lf AIz°rt gcr fa blL je, FllGl nn 714')q 3-31Cr n.4' Olo s 2t of lhWilkeOkjur`e, o Dfor no r- (o r-. Mgir SfiVet 020 034 -99D c D 5'1Is Pndv rztnLv4o Comm.cuNege, Le ood F, (A fr(m n Ave- 014)b 10- 47w d. j±1 __]hy. e Iw S t Y4 U U14 - k1 1 -j jp List name and title of the perso who will sue ise full-a the work of this Contract for your Contractor: p XVr), rV1j /- Jeiop fJ o.re r 9) Number of years in this type of business: lI 10) Response Time: _I ^Nr USE ADDITIONAL PAGES IF NECESSARY) 30 58 k 9pI., V yA: L INVITATION FOR BID(IFS 15.11) FOR ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF-WAYS LOCATED IN CITY OF PALM SPRINGS ADDENDUM NO. 1 This Addendum is being Issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE IFB DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. DELIVERY OF BIDS — NOTIFICATION OF PARKING LOT CONSTRUCTION AT CITY HALL: Contractors are hereby notified that there will be construction In progress at the Palm Springs City Hall parking lot on the day that bids are due. Bids will be received by the Office of Procurement& Contracting until 3:00 P.M. on Tuesday, March 24, 2015. Contractors shall take this into account in the delivery of their bid, as neither the City nor the parking lot contractor shall be liable or responsible for the late delivery of a bid due to the construction in progress. It is the responsibility of the bidder to see that any bid hand delivered or sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Office of Procurement& Contracting by the due date and time. Late bids will not be accepted and shall be returned unopened. The City has received the following questions and is hereby providing answers thereto: O 1: Who is the current contractor? A 1: R.Robles Pipeline Laying dba:Southern Valley Water Features O 2: What were previous bid results? A 2: Refer to attached Bid Abstract(total based on annual cost) BY O "' RDER OF THE CITY OF PALM SPRINGS,CALIFORNIA P'.'Fr'`9 Procurement Specialist II DATE: March 5,2015 ADDENDU M ACKNOWL MENT: Proposer Firm Name: 0 59 Authorized Signature: Date: 2 Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this addendum with your response. Failure to acknowiedge this Addendum may result in your IFB being deemed non-responsive. 60 VENDORS& AMOUNTS BID VENDORS& AMOUNTSBID BID ABSTRACT y 1DOt : 3E A2- j EL PATE: 3. ac 1 C IPDING TO: Zna/ ra. A - 1!`_ 0'' T J 4 1 P'Tw f.. VANITYDOMNOORY T oI NA 26- 7-01 g 2$. Z O z 57 ' sm F YPI, 1 rypOPYy\T INVITATION FOR BID(IFB 16-11) FOR ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS AND RIGHT-OF-WAYS LOCATED IN CITY OF PALM SPRINGS ADDENDUM NO.2 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS ANDIOR ADDITIONS TO THE IFB DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS, The City has received the Aftwing questions and Is hereby providing answers than"., 0 1: 1 understand that all future work is now prevailing wage. My question is to the classification of this roadside maintenance contract. I assume that this is a Landscape Maintenance Laborer? A 1: Yea. Generally the work is related to landscape maintenance which also includes removal of(rash and debris from the right of way. Q 2: The attached Addendum 1 indicates bid result figures in Dolrars. 1 would like to know what the unit measure or hours the figures were based on,Le.,how many hours were proposed for that contract for each figure/bid Item? A 2: The bid results reflected an Shr per day, 32hrs per week price which Included all equipment,supplies,Insurance,unHorms and other associated costs. Q 3: Could you provide me with a plan holders/bidders list for this project? A 3: See attached bidders list. BY ORDER OF THE CITY OF PALM SPRINGS,CALIFORNIA 62 Procurement Specialist* EN DATE: March 17, 2U15 ADDENDUM ACk= Proposer Firm Name: Ne- Authorized Signattuure: Date: f ] Acknowledgment of Receipt of Addendum 2 Is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your IFB being deemed non-responsive. 63 REGISTERED VENDOR LIST T A Jones Concrete Construction CSLB#894414 A,B,CS 12201iighland Avenue#691 Duarte,CA 91010 Tyrone Jones 951.757.9873 Goodwill Southern California Louise Oliver 14565 Lanark Street Panarama City,CA 91402 818-815-3020 Office 818-515-1403 Cell Golden Valley Construction Mike Honz 2000 Executive Drive Palm Springs,CA 92262 Email:goldenvalleyconst@vcrizon.net Phone:(760)322-0010 FAX: (760)322-0020 DBi Services Region 5 Kevin Scrivner 1459 South Cucamonga Ave. Ontario,CA 91761 800-278-1880 Office 951-545-4989 Cell 888-902-2194 Fax Coachella Valley Construction 6 Engineering PO Box 1182 Thermal,CA 92274 David Cordaro 780.989-2299 Phone 64 BUSINESS LICENSE CERTIFICATE CITY OF INDIAN WELLS Tb Fes'.M^w gx(uMpn mmNl Oe1av b OriW IH aNYaM ryvW b Na Pvanw M tlu CNy W 4w[[Tu DrG uwa Iuivw of o•.vlob b rFt an rdwm,mr,rer m Imo m eomPlr[a.uh oNy erOM[u Ywa,,v v auaup Nu e pgwuE uw b N<arOwmerin wN IM.nbswYO nOUYp>na TM ?., mNOab awWaWYg0.wIW:etlm Nx NO bYNM Oa Nearow®mq 6vn xm+Mgev Suk cl CeiYarva. CBUSINESS ITAME; S.Cel Lend Mamie.,Inc Budnns Type; 035 BUSINESS LOOATION; 741900YIIage0enter Br I3cccHPOun: Landu*p Melntenence Indian Wem CA 92216 Buaineac licence Numger: 2SSB Effwd"0a* Oec Mlmc t8,20% 1 ExPIMSen DAW. 0ecemeer 31,2015 SO CAL LAND MAINTENANCE,INC. Lloon FBYe Pell: i IISpp p 3000 E CONONAOO STREET p ANAHEIM,CA 99405 A By e Yw nwpfl iW TO SE POSTED IN A CONSPICUOUS PLACE NOT TRANSFENABLE 65 CITY OF RA11 C) AMAGE 69825 HIGHWAY 111AMAGERANCHOMIRAGE,CA 92270-20e8 hgI011.71a3207 - BUSINw S-1.161E SSE TA CERWICATE Business Ilceoses are Non-TraaaRrable.For Clause of Owners Ca arm Business license Application is required PHIS IS NOT A BILL DO NOT REMIT PAYMENT REMOVE TIME BOTTOM PORTION OF THIS PAGE AND POST IN A CONSPICUOUS Pi ACE. The folioniag amnaat Was eesxipted ter year Business,Lkerm T» LICENSE FEE: $ 89.00 PENA•LT1ES: .00. TOTAL DUE: $ 89.00 PATD: 89.:00 BALANCE DUE:$ 00 Remove b000m portion and post in a eanspicunus,pinee. I A + cm OR RANCHO:MIRACE BUSINESS LICENSE TAR CERTMCATE CITY OF WOOQ M) !7 ITa a baaw aYw ksnaanug nemoo.find ar cbq+oa n mmm bolow bas paid rye iuuAwdamWnrb(mo,®Yqqnn 12a[ a pjbueioenn livax pClK eklabe b9l a,W0,1r:.In1es cn7 by ndm NAmE C bosom a mllina, p '-ypo,LrlAbidorcorgeeygamn deaylYN below fur the pctod vW,t cnWIimu- 1HI(wt Yma ADP maQe ne-Bfnteem gquEaraamiarea6 •oM AWTeaartW'pr anaupm2. Fl38(a'1'xVPaANGaW+Yt8AC8pp85 N67 WAaaAN'Tlle ILCi QVAIYPIGI]YONS OF P9R5ONS OR 8U9M.F7,5$b$TAX80. Issue Dater : .'01/28/1015 Eapirallon Date: 01/31/2016 Business Id: 2.03W Business Address: Business Name: 74800 VHdAOE,CENTER DRIVE INDIAN wELLs,.CA-922t0 SO CAI,LAND MAINTENANCE 3000 E CORONADO ST LICIENSE.1'VE: 1 69.110 ANAHEIM,CA 92866 BALANCE DUE:'$ - ".00 nrmueaa re rnr_nov 17r rnNTRA(TORS l SPECIALTY Mebrm a Ad" mve Sere. 66 EXHIBIT "D" SCHEDULE OF COMPENSATION SCHEDULE "A": Rate for Roadside Maintenance work based on a two-man crew consisting of one Lead Worker and one Worker, each working 10 hours per day, 40 hours per week, and including all associated costs. Title Unit Cost Annual Hours Annual Cost Lead Worker: 21.00 per/hr X 2080 hrs 4-A,Fan nn Worker: 11.00 per/hr X 2080 hrs 22,880.00 Vehicle & Supplies: 65.00 per/day X197 days 12,805.00 SUB TOTAL:79.365.00 SCHEDULE "B": Rate for Emergency Call Out, based on an estimate of 70 hours annually and based on a two man crew consisting of one Lead Worker and one Worker, and including all associated costs. Title Unit Cost Annual Hours Annual Cost Overtime Hours: Lead Worker: 21.00 per/hr X 35 hrs 735.00 Worker: 14.00 per/hr X 35 hrs 490 nn Vehicle & Supplies: 40.00 per/day X1 day 40.00 Holiday Hours: Lead Worker: 21.00 per/hr X 10 hrs 210.00 Worker: 14.00 per/hr X 10 hrs 14n_no Vehicle & Supplies: 40.00 per/day X1 days 40.00 SUB TOTAL:1,655.00 GRAND TOTAL OF BID SCHEDULES "A" and "B" : Total Amount in Words : Eighty one thousand twenty dollars Total Amount in Figures: $ 81,020.00 PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. 67 EXHIBIT "E" SCHEDULE OF PERFORMANCE WORK HOURS: Regular work hours consist of 5:30 A.M. to 4:00 P.M. Monday through Thursday, unless otherwise modified by Contract Administrator or her designee. Any hours worked other than the regularly scheduled hours are considered "emergency call-out" hours, and will be scheduled only at the direction of the Contract Administrator. Contractor has the right to modify the regular work hours/days upon 30 days written notice and approval by the Contract Administrator; however, regular work hours will not exceed 10 hours per day or 40 hours per week. Emergency call-out hours may be necessary in the case of downed trees, storm debris in right- or-ways, or any condition endangering the safety of the public. The Contractor must respond to an emergency call-out within one (1) hour. Hours worked on an emergency basis will be logged in the same way as regular hours, and will be indicated on the Contractor's invoice as emergency call-out hours". Except in the case of an emergency call-out, there will be no work scheduled on days that the City is closed for holidays: New Year's Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. It is anticipated there will be sufficient workload to use the approximate 320 labor hours available per month (2-man crew, 10 hours per day, 4 days per week). However, there may be occasions when the City determines there is inadequate workload and may choose to require the crew to work less than ten hours per day. Therefore, it is imperative that the Contractor's bid proposal be on an hourly basis. The hourly rate must include the cost of equipment, insurance, uniforms or any other costs associated with this work. The Contractor will bill the City monthly using the number of hours worked as the basis for payment. Individuals assigned to this program will, in addition to daily log sheets, be required to record hours worked on a daily basis at the direction of the City official. For the initial three (3) years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. 68 RECEIVED Infinity Commercial Auto 11700 Great Oaks Way, Suite 450 NOV 0 7 P022 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 7 "on Desk Claims Service: (800) 334-1661 NOTICE OF CANCELLATION OF AUTOMOBILE POLICY �opy To Policy ID Number 504-61012-0414-001 The City of Palm Springs its officials, Dab of Notice East Tahquitz Canyon Way Palm Springs, CA 92262 10/31/2022 11/15/2022 12:01 a.m. I Named Insured: Agency: SO CAL LAND MAINTENANCE AGENCY SERVICE BUREAU 3121 E LA PALMA AVE PO Box 750997 STE K Petaluma, CA 94975 ANAHEIM, CA 92806-2804 YOU ARE HEREBY NOTIFIED, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE POLICY, THAT INSURANCE WILL CANCEL AT 12:01 AM ON 11115/2022 , Reason For Cancellation Non-payment: Premium and/or fees due on 10/28/2022 in the amount of $3502.85. This amount, and all other amounts due before the cancellation date,must be received prior to the cancellation date for the policy to be considered for reinstatement. Unless the reason accompanies, or is included in the Notice of Cancellation, the notice shall state or be accompanied b a statement that, upon written request of the named insured, mailed or delivered to the insurer not less than 1y5 days prior to the effective date of cancellation, the insurer will specify the reason of such cancellation. Such reason shall be mailed or delivered to the named insured within five days after the receipt of such request. Pursuant to Section 652 of the Insurance Code, you are hereby notified that: 1. The California Automobile Assigned Risk Plan provides a means by which applicants for automobile bodily injury and property damage liability Insurance may be assigned an insurer authorized to transact liability insurance. 2. If you are unable to procure such insurance through ordinary methods, and you are in good faith eligible for such insurance in accordance with the standards of the Plan, it is possible for you to obtain it through the plan. 3. Application forms for insurance through the Plan may be obtained from and submitted through (a) any licensed insurance agent or broker or 7917, (b) the Plan itself at 425 California Street, 15.0. Box San Francisco, CA 94120 ADDL INSURED COPY AMEND DATE: 11/15/2022 50461 PNC01 ENDORSEMENT: 5-14 RECEIVED NOV 0 7 2022 Infinity Commercial Auto 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 74A91onaDesk Claims Service: (800) 334-1661 R 4 6 3 A 8-fq?64 NOTICE OF CANCELLATION OF AUTOMOBILE POLICY The City of Palm Springs its officials, 3200 East Tahqultz Canyon Way Palm Springs, CA 92262 Policy ID Number 504-61012.0414-001 I 10/31/2022 1 1 11/15/2022 12:01 a.m. I Named Insured: Agency: SO CAL LAND MAINTENANCE AGENCY SERVICE BUREAU 3121 E LA PALMA AVE PO Box 750997 STE K Petaluma, CA 94975 ANAHEIM, CA 92806-2804 YOU ARE HEREBY NOTIFIED, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE POLICY, THAT INSURANCE WILL CANCEL AT 12:01 AM ON 11/15/2022 , Reason For Cancellation Non-payment: Premium and/or fees due on 10/28/2022 In the amount of $3502.85. This amount, and all other amounts due before the cancellation date,must be received prior to the cancellation date for the policy to be considered for reinstatement. Unless the reason accompanies, or is included in the Notice of Cancellation, the notice shall state or be accompanied by a statement that, upon written request of the named insured, mailed or delivered to the insurer not less than 15 days prior to the effective date of cancellation, the insurer will specify the reason of such cancellation. Such reason shall be mailed or delivered to the named insured within five days after the receipt of such request. Pursuant to Section 652 of the Insurance Code, you are hereby notified that: 1. The California Automobile Assigned Risk Plan provides a means by which applicants for automobile bodily injury and property damage liability insurance may be assigned an Insurer authorized to transact liability insurance. 2. If you are unable to procure such insurance through ordinary methods, and you are in good faith for insurance in accordance with the standards of the Plan, it is possible for you to obtain it eligible such through the plan. 3. Application fors for insurance through the Plan may be obtained from and submitted through (a) any licensed insurance agent or broker or b the Plan Itself 425 California Street, 15.0. Box 7917, San Francisco, CA 94120 at ADDL INSURED COPY AMEND DATE: 11/15/2022 50461PNC01 ENDORSEMENT: 5-14 nn I ry Infinity Commercial Auto 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 722-3391 Claims Service: (800) 334-1661 NOTICE OF CANCELLATION OF AUTOMOBILE POLICY �opy To Pot IG Number 504-61012.0414-001 The City of Palm Springs its officials, Dah of Notice 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 12/01/2022 12/16/2022 12:01 a.m. I a Insured: Agency: SO CAL LAND MAINTENANCE AGENCY SERVICE BUREAU 3121 E LA PALMA AVE PO Box 750997 STE K Petaluma, CA 94975 ANAHEIM, CA 92806-2804 YOU ARE HEREBY NOTIFIED, IN ACCORDANCE WITH THE TERMS AND CONDITIONS -DIFITHE POLICY, THAT INSURANCE WILL CANCEL AT 12:01 AM ON 12/16/2022 , Reason For Cancellation Non-payment: Premium and/or fees due on 11/28/2022 in the amount of $3502.24. This amount, and all other amounts due before the cancellation date,must be received prior to the cancellation date for the policy to be considered for reinstatement. Unless the reason accompanies, or is included in the Notice of Cancellation, the notice shall state or be accompanied by a statement that, upon written request of the named insured, mailed or delivered to the insurer not less than 1y5 days prior to the effective date of cancellation, the insurer will specify the reason of such cancellation. Such reason shall be mailed or delivered to the named insured within five days after the receipt of such request. Pursuant to Section 652 of the Insurance Code, you are hereby notified that: 1. The California Automobile Assigned Risk Plan provides a means by which applicants for automobile bodily injury and property damage liability insurance may be assigned an insurer authorized to transact liability insurance. 2. If you are unable to procure such insurance through ordinary methods, and you are in good faith eligible for such insurance in accordance with the standards of the Plan, it is possible for you to obtain it through the plan. 3. Application forms for insurance through the Plan may be obtained from and submitted through (a) any licensed insurance agent or broker or (b) the Plan itself at 425 California Street, O. Box 7917, San Francisco, CA 94120 RECEIVEn ADDL INSURED COPY DEC 0 6 2022 AMEND DATE: 12/16/2022 50461PNC01 Re�w gall ENDORSEMENT: 5-16 01390763001663010100 Infinity Commercial Auto 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 722-3381 Claims Service: (800) 334-1661 NOTICE OF POLICY REINSTATEMENT To 504-61012.0414-001 1 04/28/2023 12 01a.m The City of Palm Springs its officials, Named Insured 3200 East Tan quitz Canyon Way Palm Springs, CA 92262 So Cal Land Maintenance This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested. This is to notify you that the policy described above has been reinstated. The notice of cancellation previously forwarded to you to be effective on 10/18/2022 will not take effect. The policy has been reinstated without lapse in coverage. However, if the premium payment that was made to reinstate this policy is returned for any reason, the reinstatement will be rescinded and coverage will have ceased on the original cancellation date. Further, if any representation made to reinstate this policy is false, misleading, or fraudulent, including but not limited to direct misrepresentations, omissions, concealment of facts or incorrect statements, the reinstatement will be rescinded and coverage will have ceased on the original cancellation date. RECEIVED OCT 2 0 2022 Office of the City Clerk ADDL INSURED COPY AMEND DATE: 10/18/2022 50461 RIN01 ENDORSEMENT: 5-13 Customer Service: (800) 722-3391 4�w �J �/� Infinity Commercial Auto 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 334-1661 NOTICE OF CANCELLATION OF AUTOMOBILE POLICY 504-61012-0414-001 The City of Palm Springs its officials, 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 08/31/2022 SO CAL LAND MAINTENANCE 3121 E LA PALMA AVE STE K ANAHEIM, CA 92806-2804 09/15/2022 12:01 a.m. AGENCY SERVICE BUREAU PO Box 750997 Petaluma, CA 94975 YOU ARE HEREBY NOTIFIED, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE POLICY, THAT INSURANCE WILL CANCEL AT 12:01 AM ON 09/15/2022 , Non-payment: Premium and/or fees due on 08/28/2022 in the amount of $3487.85. This amount, and all other amounts due before the cancellation date,must be received prior to the cancellation date for the policy to be considered for reinstatement. RECEIVED W 0 6 2022 Office of the City Clerk Unless the reason accompanies, or is included In the Notice of Cancellation, the notice shall state or be accompanied b a statement that, upon written request of the named insured, mailed or delivered to the insurer not less than 1y5 days prior to the effective date of cancellation, the insurer will specify the reason of such cancellation. Such reason shall be mailed or delivered to the named insured within five days after the receipt of such request. Pursuant to Section 652 of the Insurance Code, you are hereby notified that: 1. The California Automobile Assigned Risk Plan provides a means by which applicants for automobile bodily injury and property damage liability insurance may be assigned an insurer authorized to transact liability insurance. 2. If you are unable to procure such Insurance through ordinary methods, and you are in good faith eligible for such insurance in accordance with the standards of the Plan, it is possible for you to obtain it through the plan. 3. Application forms for insurance through the Plan may be obtained from and submitted through (a) any licensed insurance agent or broker, roker or b the Plan itself at 425 California Street, 15.0. Box 7917, San Francisco, CA 94120 ADDL INSURED COPY AMEND DATE: 09/15/2022 50461PNC01 ENDORSEMENT: 5-10 Customer Service: RECEIVED �/� Infinity Commercial Auto �J 11700 Great Oaks Way, Suite 450 OCT 0 6 2022 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company e City Ciertr Claims Service: (800) 334-1661 NOTICE OF CANCELLATION OF AUTOMOBILE POLICY op To Policy ID Number 504.61012-0414.001 The City of Palm Springs its officials, Date of Notice 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 10/03/2022 Cancellation Date 10/18/2022 12:01 a.m. Named Insured: Agency: SO CAL LAND MAINTENANCE AGENCY SERVICE BUREAU 3121 E LA PALMA AVE PO Box 750997 STE K Petaluma, CA 94975 ANAHEIM, CA 92806-2804 YOU ARE HEREBY NOTIFIED, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE POLICY, THAT INSURANCE WILL CANCEL AT 12:01 AM ON 10/18/2022 , Reason For Cancellation Non-payment: Premium and/or fees due on 09/28/2022 in the amount of $3502.84, This amount, and all other amounts due before the cancellation date,must be received prior to the cancellation date for the policy to be considered for reinstatement. Unless the reason accompanies, or is included in the Notice of Cancellation, the notice shall state or be accompanied b a statement that, upon written request of the named insured, mailed or delivered to the insurer the insurer the reason of such not less than 1y5 days prior to the effective date of cancellation, will specify cancellation. Such reason shall be mailed or delivered to the named insured within five days after the receipt of such request. Pursuant to Section 652 of the Insurance Code, you are hereby notified that: 1. The California Automobile Assigned Risk Plan provides a means by which applicants for automobile bodily injury and property damage liability insurance may be assigned an insurer authorized to transact liability insurance. 2. If you are unable to procure such insurance through ordinary methods, and you are in good faith eligible for such insurance in accordance with the standards of the Plan, it is possible for you to obtain it through the plan. 3. Application forms for insurance through the Plan may be obtained from and submitted through (a) any licensed insurance agent or broker or (b) the Plan itself at 425 California Street, 15.0. Box 7917, San Francisco, CA 94120 ADDL INSURED COPY AMEND DATE: 10/18/2022 gm 8 WM 01 r 50461 PNC01 ENDORSEMENT: 5-12 Infinity Commercial Auto "11700 Great Oaks Way, Suite 450" "Alpharetta, GA 30022" RECEIVED Underwritten by: Infinity Select Insurance Company Customer Service: (800) 722-3391 APR 0 4 2024 Claims Service: (800) 334-1661 NOTICE OF 6WAIN @ATI NIZIFYAUMOBILE POLICY �opy To Policy ID Number 504-61012.0414-001 The City of Palm Springs Its officials, Date of Notice 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 04/01/2024 Cancellation Date 04/16/2024 12:01 a.m. I N8nt9d # 4V1": Agency: SO CAL LAND MAINTENANCE AGENCY SERVICE BUREAU 3121 E La Palma Ave PO Box 750997 Ste K Petaluma, CA 94975 Anaheim, CA 92806-2804 YOU ARE HEREBY NOTIFIED, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE POLICY, THAT INSURANCE WILL CANCEL AT 12:01 AM ON 04/16/2024 , Reason For Conwfiatlon m Non-payment Premium and/or fees due on 03/28/2024 in the amount of $2892.06. This amount, and all other amounts due before the cancellation date,must be received prior to the cancellation date for the policy to be considered for reinstatement. Unless the reason accompanies, or Is included in the Notice of Cancellation, the notice shall state or be accompanied by a statement that, upon written request of the named insured, mailed or delivered to the Insurer the not less than 15 days prior to the effective date of cancellation, the insurer will specify reason of such cancellation. Such reason shall be mailed or delivered to the named insured within five days after the receipt of such request. Pursuant to Section 652 of the Insurance Code, you are hereby notified that: 1. The California Automobile Assigned Risk Plan provides a means by which applicants for automobile bodily injury and property damage liability insurance may be assigned an insurer authorized to transact liability insurance. 2. If you are unable to procure such insurance through ordinary methods, and you are In good faith eligible for such insurance in accordance with the standards of the Plan, it is possible for you to obtain it through the plan. 3. Application forms for insurance through the Plan may be obtained from and submitted through (a) any licensed insurance agent or broker or b the Plan itself at 425 California Street, P.O. Box 7917, San Francisco, CA 94120 ADDLINSURED COPY AMEND DATE: 04/16/2024 50461PNC01 ENDORSEMENT: 6-13 KEMPER Auto COMMERCIAL Customer Service: (800) 722-3391 Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 334-1661 PRIMARY AND NONCONTRIBUTORY ENDORSEMENT 12:01 a.m. THE CITY OF PALM SPRINGS ITS OFFICIALS 3200 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 SO CAL LAND MAINTENANCE This endorsement is attached to and forms a part of the listed policy. The following endorsement applies only if Form Numbet 500PNCV01 appears on your Declarations Page. This endorsement modifies the insurance provided under your COMMERCIAL AUTO POLICY. PART A — LIABILITY COVERAGE OTHER INSURANCE — PART A ONLY The -following is added to this section. The coverage afforded under your Commercial Auto Policy is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. You have agreed in writing in a contractor agreement that the coverage afforded under your Commercial Auto Policy would be primary and would not seek contribution from any other insurance available to such additional insured: and b. Such additional insured is a named insured under such other insurance. ALL OTHER TERMS, LIMITS, CONDITIONS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. RECEIVED APR 0 1 2024 OFFICE OF THE CITY CLERK ADDL INSURED COPY AMEND DATE 04/28/2024 500PNCV01 ENDORSEMENT:7-1 Kemper Auto Commercial KEMPER AUt® GA COMMERCIAL 1170o Great Alpharetta,i30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 722-3391 Claims Service: (800) 334-1661 ADDITIONAL NAMED INSURED ENDORSEMENT THE CITY OF PALM SPRINGS ITS OFFICIALS 3200 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 04/28/2025 12:01 a.m. 1 SO CAL LAND MAINTENANCE I This endorsement Is attached to and forms a part of the listed policy.) No changes will be effective prior to the time changes are requested. I THE CITY OF PALM SPRINGS ITS OFFICIALS I JI• Part A - Liability Coverage, Is changed as follows: The definition of insured is changed to include the additional insured named above. Adding an insured will not Increase the limit of our liability. The Insurance provided by this endorsement will be excess over any other valid and collectible insurance. All other parts of this Policy remain unchanged. ADDL INSURED COPY AMEND DATE: 04/28/2024 50461AIS01 ENDORSEMENT : 7-1 XEMPERAuto COMMERCIAL Customer Service: (800) 722-3391 Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 334-1661 PRIMARY AND NONCONTRIBUTORY ENDORSEMENT THE CITY OF PALM SPRINGS ITS OFFICIALS 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Policy ID Number Expiration Date 50007877101 04/28/2025 12:01 a.m. Named Insured SO CAL LAND MAINTENANCE This endorsement is attached to and forms a part of the listed policy. The following endorsement applies only ff_Form Number 500PNCV01 appears on your Declarations Page. This endorsement modifies the insurance provided under your COMMERCIAL AUTO POLICY. PART A — LIABILITY COVERAGE OTHER INSURANCE — PART A ONLY The following isadded_to_this _section: The coverage afforded under your Commercial Auto Policy is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. You have agreed in writing in a contractor agreement that the coverage afforded under your Commercial Auto Policy would be primary and would not seek contribution from any other insurance available to such additional insured; and b. Such additional insured is a named insured under such other insurance. ALL OTHER TERMS, LIMITS, CONDITIONS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. RECEIVED JUN 17 2024 OFFICE OF THE CITY CLERK ADDL INSURED COPY AMEND DATE : 05/31/2024 500PNCV01 ENDORSEMENT : 7-5 9 - — -.k- a M M KEMPERAuto Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 COMMERCIAL Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 722-3391 Claims Service: (800) 334-1661 ADDITIONAL NAMED INSURED ENDORSEMENT 50007877101 04/28/202512:01 a.m. THE CITY OF PALM SPRINGS ITS OFFICIALS 3200 E Tahquitz Canyon Way SO CAL LAND MAINTENANCE Palm Springs, CA 92262 This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested. slitional Insured THE CITY OF PALM SPRINGS ITS OFFICIALS Part A - Liability Coverage, is changed as follows: The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance. All other parts of this Policy remain unchanged. ADDL INSURED COPY AMEND DATE: 05/31/2024 50461 AIS01 ENDORSEMENT: 7-5 XEMPERAuto Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 COMMERCIAL Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Customer Service: (800) 722-3391 Claims Service: (800) 334-1661 PRIMARY AND NONCONTRIBUTORY ENDORSEMENT Copy Topaticy ID Number Expiration Date 50007877101 04/28/2025 12:01 a.m. THE CITY OF PALM SPRINGS ITS OFFICIALS 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 SO CAL LAND MAINTENANCE This endorsement is attached to and forms a part of the listed policy. The following endorsement applies only if Form Number 500PNCV01 appears on your Declarations Page. This endorsement modifies the insurance provided under your COMMERCIAL AUTO POLICY. PART A — LIABILITY COVERAGE OTHER INSURANCE — PART A ONLY The followings --added-to-this section: The coverage afforded under your Commercial Auto Policy is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. You have agreed in writing in a contractor agreement that the coverage afforded under your Commercial Auto Policy would be primary and would not seek contribution from any other insurance available to such additional insured; and b. Such additional insured is a named insured under such other insurance. ALL OTHER TERMS, LIMITS, CONDITIONS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. RECEIVED JUN 17 2024 OFFICE OF THE CITY CLERK ADDL INSURED COPY AMEND DATE: 05/31/2024 500PNCV01 ENDORSEMENT: 7-6 7.1 V I KEMPERAuto COMMERCIAL Customer Service: (800) 722-3391 Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 334-1661 ADDITIONAL NAMED INSURED ENDORSEMENT IiEcjWWr .:.. ;lration Date 50007877101 04/28/2025 12:01 a.m. THE CITY OF PALM SPRINGS ITS OFFICIALS 3200 E Tahquitz Canyon Way SO CAL LAND MAINTENANCE Palm Springs, CA 92262 This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested. Addltionol Insured THE CITY OF PALM SPRINGS ITS OFFICIALS Part A - Liability Coverage, is changed as follows: The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance. All other parts of this Policy remain unchanged. ADDL INSURED COPY AMEND DATE: 05/31/2024 50461AIS01 ENDORSEMENT: 7-6