HomeMy WebLinkAboutA6697 - INTERACTIVE DESIGN CORPORATION - ARCHITECTURAL SVCS FOR DESERT HIGHALND UNITY CTR OUTDOOR PERF. FACILITY/BALLFIELD LIGHTING ff
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 6697
WITH INTERACTIVE DESIGN CORPORATION
JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER
OUTDOOR PERFORMANCE STAGE AND OUTDOOR BALL FIELD
LIGHTING PROJECT,
CITY PROJECT NO. 14-18
The following articles of Agreement No. 6697 are hereby amended to read as follows:
SECTION 3.1 Maximum contract amount is increased by $16,500 and the total amount of
compensation is amended to $62,400.
SCOPE OF SERVICES (Exhibit "A") - Exhibit "A" is amended as follows:
Add the following Phase IV scope of work:
Phase IV—Construction Administration
a. Construction Administration for the Outdoor Performance Stage
1. Site observation by Architect and Consultants
2. Attend construction meetings
3. Review shop drawings submittals
4. Review pay requests if requested by City
5. Respond to questions from the field
6. Coordinate Contractor's notes
7. Review Contractor's as-built/record documents
b. Construction Administration for the Outdoor Ball Field Lighting
1. Site observation by Architect and Consultants
2. Attend construction meetings
3. Review shop drawings submittals
4. Review pay requests if requested by City
5. Respond to questions from the field
6. Coordinate Contractor's notes
7. Review Contractor's as-built/record documents
The Compensation identified on Exhibit"A" is hereby amended as follows:
Compensation for Phase IV— Construction Administration shall be hourly based upon the standard
rates of the Architect and his Consultants, not to exceed the following:
a. Outdoor Performance Stage in the amount of$8,500
b. Outdoor Ball Field Lighting in the amount of$7,500
Reimbursable for expenses shall be on an allowance, not to exceed $500.
Total Contract amount is increased by$16,500 and amended to a total amount of$62,400.
ORIGINAL BID
n"I0//01`1 AGREEMENT
PURCHASE ORDER SUMMARY
Purchase Order Number(s): 16-0379
Agreement Number: 6697
Original City Manager Approval: June 8, 2015
Original Contract Amount: $ 14,900
Amendment No. 1 $ 10,000
Amendment No. 2 $ 21,000
Amount of This Increase $ 16,500
Amended Total: $ 62,400
Account Number: 260-4500-59401
Except as specifically amended by this Amendment No. 3, all terms and provisions of Agreement
No. 6697 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a California charter city
City Clerk t �g� —
V1VI� City Manager
APPROVED TO FORM:
'Q,rvv�,�, 3 LpVnttl
APPROVED BYrCwITDYflMMFq'#�(€��1-11.�1
By ityAttorney bb6on'.'- 1'��V► 1
CONSULTANT: Interactive Design Corporation b'\'��G
Check one:_Individual_Partnership X Corporation
Corporations require two notarized signatures: One signature must be from the 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).
By: Notarized Signature of Chairman of Board, President By: Notarized Signature Secretary, Asst. Secretary,
or any Vice President Treasurer,Ass Treasurer or Chief Financial Officer
Name: ax&y��
�� hrr Name:
Title: ��jF,U' (milil— Title: S
Certificate of Acknowledgement of Notary Public
A notary public or other officer 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.
State of California,
County of Riverside
On . before me Richard W Martin
117- -X "
Notary Public, personally appeared � SL i62 C T of L ,¢ you N
who
proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed
to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary
RICHARD yl.MAgTIN
J commieaion#1993192
_ - Nnlary Public-CIIII,nia
flhenlEe Ccunly
M Gomm.E irea Noa 2,291E
AMENDMENT NO. 2 to the
CONSULTING SERVICES AGREEMENT
Architectural Services for JOJDesert Highland Unity Park
- Outdoor Performance Facility & Ballfield Lighting -
This amendment represents the necessary consultants participation and coordination for the
completion of the Architectural Services of the JOJ Desert Highland Unity Park, and its outdoor
performance facility and ballfield lighting under the Consulting Services Agreement, dated June
8, 2015, by expanding Phase III of the Scope of Work and increasing the total Compensation to
cover the cost for the additional Phase III work.
1. SCOPE OF WORK
a. PHASE III: CONSULTANTS FOR CONSTRUCTION DOCUMENTS OF
THE OUTDOOR PERFORMANCE FACILITY
i. Project Coordination/Approvals
1. Project presentations and adopting changes in the scope of work from
meetings with various City Staff from September 2015 to January 2016
• Project re-packaging from bidding as one project to the projects being
separately bid due to funding allocation. The projects are to bid together
with alternate bid schedules for flexibility of scope
• Up-front project site preparation revisions occurred through the progress
of the contract documents such as removal of sod and irrigation lines, and
installation of new meter room sleeves for future electrical work due to
earlier SCE transformer
2. Boulder source and delivery
3. Import fill source and delivery
4. Preliminary staking of area of work for project understanding
5. Prepare presentation material for PS Park and Recreation Commission and
Desert Highland—Gateway Estates Neighborhood Association.
6. Status Meeting and project reports to City Departments and Staff.
ii. Working Drawing Phase
1. Architecture (site plan, elevations, sections, and details)
2. Prepare Submittal Plans and Specifications for Permit
• Coordination with Structural Engineering (stage related concrete slabs and
retaining CMU walls)
• Coordination with Electrical Engineering (stage power connection)
3. Contract Plans were reviewed and processed plan check with PS Public
Works and Engineering Department as well as plan checked and permitted by
PS Building and Safety Department.
4. Specifications
• Coordinate plan submittal and plan check with PS Building Safety
Department
• Coordinate plan submittal and plan check with PS Public Works and
Engineering Department after PS Building and Safety Department
approval
5. Revisions of Plans and Specifications based on changes on project program
6. Project Construction Estimates
iii. Bid Document Preparation
1. Technical specifications preparation
2. Revisions to specifications per PS Public Works and Engineering Department
3. Coordination with PS Public Works and Engineering Department for front-
end of Project Manual
ORIGINAL BID
I AND10R AGREEMENT
b. PHASE III:CONSULTANTS FOR CONSTRUCTION DOCUMENTS OF THE
BALLFIELD LIGHTING
i. Project Coordination/Approvals
1. Project presentations and adopting changes in the scope of work from
meetings with various City Staff from September 2015 to January 2016
• Project re-packaging from new sport lighting material/controls which were
to be PS purchased material for contractor installation to sport lighting
system/parts changed for contractor to purchase and installation during
final plan check stage, research/evaluation for sport lights to be vandalism
proof, default values used for soils engineering for approved/permitting by
the PS Bldg. Dept. and request for geotechnical soils engineering report.
• Up-front project site preparation revisions occurred through the progress
of the contract documents such as retaining the existing light poles and
conduits versus new,relocation of backstop, benches and drinking
fountain, and installation of new meter room sleeves for future electrical
work due to earlier SCE transformer.
2. Prepare presentation material for PS Measure J Commission.
3. Status Meeting and project reports to City Departments and Staff.
ii. Working Drawing Phase
1. Prepare Submittal Plans and Specifications for Permit
2. Coordination of project with transformer improvement project serving JOJ
Desert Highland Unity Community Center.
3. Coordination Electrical Engineering (ballfield electrical site plan,
photometric, lighting specification, and light pole structural footing plan,
details, and calculation).
4. Research and coordination with Electrical Engineering and Vendor for City
purchasing process requirements
5. Fixture Cut Sheets for City on equipment and parts.
6. Coordinate with PS Building Department and make corrections based upon
plan check & permit.
7. Revisions of Plans based on changes on project program.
8. Provide Project Construction Estimates
• Potential phasing options
• Revisions due to changes in project program.
iii. Bid Document Preparation
1. Technical specifications preparation
2. Revisions to specifications per PS Public Works and Engineering Department
3. Coordination with PS Public Works and Engineering Department for front-
end of Project Manual
2. COMPENSATION FOR PHASE III SCOPE OF WORK SERVICES
a. Under existing Agreement, dated June 8, 2015, the following costs are added to the
original Agreement amount ($14,900) plus the amount added by Agreement No 1
($10,000):
1. Outdoor performance facility compensation of Twelve Thousand Dollars
($12,000), and shall not be exceeded
2. Ballfield Lighting compensation of Eight Thousand Dollars ($8,000), and
shall not be exceeded
3. Reimbursable: Allowance of One Thousand Dollars ($1,000) to be billed at
1.10 times cost to Consultant, and shall not be exceeded.
The revised Agreement total is $45,900.
Total compensation, under Agreement Amendment No 2 not to exceed Twenty-one
Thousand Dollars ($21,000), and will be billed per Agreement.
2
Except as otherwise amended the terms and conditions of the Agreement remain in full force and
effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 as of the
dates stated below.
"CITY"
City of Palm Springs
11, t—
Date:
ifDavid H. Ready,
City Manager APPROVED By CITY COUNQ..
1•t'h1b �V Ab1��
APPROVED AS TO FORM: ATTEST
By: By:
Dougl C. Holland, ames Thompson,
City Attorney City Clerk
"CONSULTANT"
Interactive Design Corporation
Date: I By : 7r
Reuel A. Young
President
Date:
Maria Song
Secretary
3
AMENDMENT NO. 1 to the
CONSULTING SERVICES AGREEMENT
Architectural Services for JOJDesert Highland Unity Park
- Outdoor Performance Facility & Ballfield Lighting -
This amendment represents the necessary consultants participation and coordination for the
completion of the Architectural Services of the JOJ Desert Highland Unity Park, and its outdoor
performance facility and ballfield lighting under the Consulting Services Agreement, dated June
8, 2015, by adding Phase III to the Scope of Work and increasing the total Compensation to
cover the cost for the Phase III work.
1. SCOPE OF WOK
a. PHASE III: CONSULTANTS FOR CONSTRUCTION DOCUMENTS OF
THE OUTDOOR PERFORMANCE FACILITY
i. Working Drawing Phase for Consultants Only
1. Landscape and Irrigation Plans (planting in the boulder mound)
2. Structural Engineering (stage related concrete slabs & retaining
CMU walls)
3. Electrical Engineering (stage power connection)
4. Technical Specifications
b. PHASE III: CONSULTANTS FOR CONSTRUCTION DOCUMENTS OF
THE BALLFIELD LIGHTING
i. Working Drawing Phase for Consultants Only
1. Electrical Engineering (ball field electrical site plan, photometric,
and lighting specification).
2. Musco Sport Lighting Research and Selection for City to allow
sole sourcing in the contract documents for equipment and parts.
3. Structural Engineering (light pole structural footing plan, details,
and calculations).
4. Soils Engineer to issue letter of review for sport light footing
design.
2. COMPENSATION FOR PHASE III SCOPE OF WORK SERVICES
a. Under existing Agreement, dated June 8, 2015, compensation of Nine Thousand
and Five Hundred Dollars ($9,500), and shall not be exceeded.
b. Reimbursable: Allowance of Five Hundred Dollars ($500) to be billed at 1.10
times cost to Consultant, and shall not be exceeded.
Total compensation, under Agreement Amendment not to exceed "Fen Thousand
Dollars ($10,000), and will be billed per Agreement.
Except as otherwise amended the terms and conditions of the Agreement remain in full force and
effect.
[ End Signatures on Next Page ]
ORIGINAL BID
1 AND/OR AGREEMENT
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the
dates stated below.
"CITY"
City of Palm Springs
Date: �• �•�O�b By
David H. Ready,
City Manager !�
APPROVED AS TO FORM: ATTEST
By: _ b e" B
Dougl . Holland, ames Thompson,
City Attorney City Clerk
"CONSULTANT"
Interactive Design Corporation
Date: �i� l S� By : ZW2 �l
Reuel A. Young /
/� � {{����.. nr "dentDate: !/� Pat-1 �
Maria Song
Secretary
2
CONSULTING SERVICES AGREEMENT
Architectural Services for JOJDesert Highland Unity Park
— Outdoor Performance Facility &Ballfteld Lighting—
Interactive Design Corporation
THIS A RE EME�NT FOR CONSULTING SERVICES ("Agreement") is made and
entered into on M , 2015, by and between the City of Palm Springs, a California
charter city and municipal corporation ("City"), and Interactive Design Corporation , a
California Corporation , ("Consultant"). City and Consultant are individually referred to as
"Party" and are collectively referred to as the "Parties".
RECITALS
A. City requires the services of a Licensed California Architect, for design service
for a new outdoor performance facility and ballfield light fixtures and poles , ("Project"),
B. Consultant has submitted to City a proposal to provide "On-call Architectural
Services" in accordance with the City's "On-call" list of qualified architects, to City under the
terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Consultant for the Project.
In consideration of these promises and mutual agreements, City agrees as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide architectural design , services to City as described in the
Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by
reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of
performance and the schedule of fees. Consultant warrants that all services and work shall be
performed in a competent, professional, and satisfactory manner consistent with prevailing
industry standards. In the event of any inconsistency between the terms contained in the Scope
of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement
shall govern.
1.2 Compliance with Law. Consultant services rendered under this Agreement shall
comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful
orders, rules, and regulations.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
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720599.1
ORIGINAL BIU
AAi11OR AGREEMENT
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
it has carefully considered how the work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A."
Consultant shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set forth
in Exhibit"A". The total amount of Compensation shall not exceed $14,900.00 .
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall submit to City an invoice for services rendered prior to the date of the
invoice, no later than the first working day of such month, in the form approved by City's
finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for
authorized services performed. City shall pay Consultant for all expenses stated in the invoice
that are approved by City and consistent with this Agreement, within thirty (30) days of receipt
of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work 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 Consultant's profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not
made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
2 Revised:6116110
720599.1
4.2 Schedule of Performance. All services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time
period extension must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered under this
Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, if Consultant notifies the Contract
Officer within ten (10) days of the commencement of such condition. Unforeseeable causes
include, but are not limited to, acts of God or of a public enemy, acts of the government, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and
unusually severe weather. After Consultant notification, the Contract Officer shall investigate
the facts and the extent of any necessary delay, and extend the time for performing the services
for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay
is justified. The Contract Officer's determination shall be final and conclusive upon the parties
to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of fourteen
months, commencing on April 1, 2015, and ending on June 30, 2016, unless extended by mutual
written agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where
termination is due to the fault of Consultant 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 receipt of the notice of termination, Consultant shall immediately cease all
services except such as may be specifically approved by the Contract Officer. Consultant shall
be entitled to compensation for all services rendered prior to receipt of the notice of termination
and for any services authorized by the Contract Officer after such notice. Consultant may
terminate this Agreement, with or without cause, upon thirty(30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act and make all
decisions in its behalf with respect to the specified services and work: Maria Song , Secretary .
It is expressly understood that the experience, knowledge, education, capability, 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 Consultant and devoting sufficient time to personally supervise the
services under this Agreement. The foregoing principal may not be changed by Consultant
without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the services. Consultant shall refer any
3 Revised:6/16/10
720599.1
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.
5.3 Prohibition Against Subcontracting or Assiunment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not contract with any other individual or entity to perform any services required under this
Agreement without the City's express written approval. In addition, neither this Agreement nor
any interest may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required, except as otherwise specified. Consultant shall perform all required
services as an independent contractor of City and shall not be an employee of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role; however, City shall have the right to review Consultant's work product,
result, and advice. Consultant shall not at any time or in any manner represent that it or any of
its agents or employees are agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to perform the
services in this Agreement. Consultant shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by
Consultant by providing written notice to Consultant.
Name: Title:
Reuel Young President
Maria Song Secretary
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Consultant shall
defend (at Consultant'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 (Consultant's employees included), for
damage to property, including property owned by City, from any violation of any federal, state,
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720599.1
or local law or ordinance, and from errors and omissions committed by Consultant, its officers,
employees, representatives, and agents, that arise out of or relate to Consultant'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 Consultant's indemnification obligation or other liability
under this Agreement. Consultant'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.
7.2 Desiun Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a
"design professional" under California Civil Code Section 2782.8, then:
A. To the fullest extent permitted by law, Consultant shall indemnify, defend
(at Consultant'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 (Consultant'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
Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent,
reckless or willful performance of or failure to perform any term, provision, covenant or
condition of this Agreement ("Indemnified Claims"), but Consultant'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 Consultant shall require all non-design-professional sub-contractors,
used or sub-contracted by Consultant to perform the Services or Work required under this
Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-
section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-
design-professional sub-contractors, used or sub-contracted by Consultant to perform the
Services or Work required under this Agreement, to obtain insurance that is consistent with the
Insurance provisions as set forth in this Agreement, as well as any other insurance that may be
required by Contract Officer.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the services required by this Agreement, or as the
Contract Officer shall require.
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720599.t
8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant
shall keep such books and records as shall be necessary to properly perform the services required
by this Agreement and 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.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement
shall be the property of City. Consultant shall deliver all above-referenced documents to City
upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall
have no claim for further employment or additional compensation as a result of the exercise by
City of its full rights or ownership of the documents and materials. Consultant may retain copies
of such documents for Consultant's own use. Consultant shall have an unrestricted right to use
the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer,
8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement. Consultant shall make such materials available at its offices at all
reasonable times during the term of this Agreement and for three (3) years from the date of final
payment for inspection by City and copies shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and 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 Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 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.
6 Revised:6116/10
720599.1
1
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Consultant. Any waiver by either party of any default must
be in writing. No such waiver shall be a waiver of any other default concerning the same or any
other provision of this Agreement.
9.4 Rights and Remedies are 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. 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.
9.5 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Consultant, or any successor-in-interest, in the event of any
default or breach by City or for any amount which may become due to the Consultant or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 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. Consultant warrants that Consultant 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.
10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status, disability, sexual orientation, national origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 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 and either served personally or sent by pre-paid, first-class mail to the address set forth
below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing
if mailed as provided in this Section. Either party may change its address by notifying the other
party of the change of address in writing.
7 Revised:6/16110
720599.1
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
To Consultant: Inactive Design Corporation
Attn: Maria Song
199 S Civic Dr, Ste 10
Palm Springs, CA 92262
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event that
any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted
to carry out the intent of the parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
11.6 Third Party Beneficiary. Except 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 as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated 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.
11.8 Authority. The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by
so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
g Revised:6/16110
720599.1
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date: By: /
David H. Ready
APPROVED BY CITY MANAGER City Manager
APPROVED AS TO FORM: ATTEST
By: &4 B .
Douglas olland, mes Thompson,
City Att ey City Clerk o��68�ZorS
"CONSULTANT"
Interactive Design Corporation
Date: ' ��� By
Reuel A. Youn
Pr 'dent
Date:
Maria Song
Secretary
Not to Exceed $ l oo ao
Without The Express Written
Authorization Of The City
Manager
9 Revised:6116/10
720599.1
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10 Revised:6116l10
720599.1
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Proposal for Professional Services follows:
Notwithstanding the provisions of Section 5.3 of this Agreement, "Prohibition Against
Subcontracting or Assignment," the City expressly approves the subcontracting on technical
subjects such as structural and electrical engineering. These subcontracts shall be part of the
overall compensation to the Consultant.
]] Revised:6116110
720599.1
■■❑ I N T E R A C T I V E D E S I G N C O R P O R A T I O N
ARCHITECTS +
199 S. Civic Drive,Suite 10
Palm Springs,California 92262
T: 760.323.4990
wv w.imeractivedesigncorp.com
April 16, 2015
Dale Cook, Community Development Administrator
City of Palm Springs
Project: JOJ Desert Highland Unity Center Site Improvements for Outdoor Performance
RE: Proposal for Professional Services
Dear Mr. Cook:
We are pleased to submit this Proposal for Professional Services between the City of Palm
Springs (the Client) and Interactive Design Corporation (the Architect) for Professional Services
relating to design modifications to the existing James O.Jessie Desert Highland Unity Center Site.
I. SCOPE OF THE PROJECT
A. The Client wishes to modify the existing James O.Jessie Desert Highland Unity
Center Site to include a modest outdoor performance facility which may also
serve as outdoor seating area for the baseball field.
II. SCOPE OF SERVICES
The work to be done by the Architect and his consultants will generally follow these
stages:
A. PHASE I: PROGRAMMING AND CONCEPTUAL DESIGN
1. Research and Programming
a) Provide a scope of work for Client-hired Surveyor to document
existing conditions of the project site
b) Review current documents related to the JOJ Desert Highland
Unity Center Site including (Note: these documents will be used as
the "base plan" information for the proposed Project)
(1) Existing baseball field and parking lot.
(2) Client-provided electrical plans of the existing facility
(3) Client-provided landscape irrigation plans of the facility
c) Meet with city staff to discuss funding sources, phasing, and scope of
overall project.
2. Conceptual Design and Scope
a) Prepare overall Conceptual Site Plan based upon existing drawings
to illustrate alternative designs integrating relocation of ball-field,
outdoor ball-field lighting, and new outdoor performance facility.
Consider the possibility of a more permanent structure as outdoor
storage or backdrop to the outdoor performance area.
b) Prepare conceptual project scope and budget
c) Present to staff and others designated by staff
d) Refine design based upon comments; two (2) revisions.
IIDC No. 1502JOJ HUC Improvements ISFEBIS P a g e 1 1
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3. Project Phasing and Funding
a) Meeting with city staff(Economic Development and Public Works)
to define direct work and purchase possible by the Client, project
phasing, funding resources, and project schedule.
b) Determine which scope of work will be combined for contract
documents, permit, public bidding, and construction.
B. PHASE II: PRELIMINARY DESIGN
Based upon direction from city staff in terms of Project Program and Conceptual
Plan, Architect will proceed to Preliminary Design.
I. Develop Preliminary Design based upon preferred alternative of
Conceptual Plans. Drawings may include:
a) Site Plan
b) Shading/Storage Structure Plans and Elevations
c) Outline specifications
d) Preliminary opinion of probable project cost based upon
Preliminary Design
e) Prepare and Submit Plans to Planning Department with Minor
Architectural Application Requirements.
C. PHASE III: CONSTRUCTION DOCUMENTS/ADMINISTRATION
Based upon direction from city staff relating to the proposed scheme and
understanding of the funding sources and phasing of the project, prepare
Construction Documents and provide Construction Administration services under
an amended agreement. The phases of those services would generally be as
follows:
I. Working Drawing Phase
a) Architecture (site plan, floor plans, elevations, sections, and details)
b) Structural Engineering (shading structures, storage building or
container anchorage, stage retaining walls, ball-field light standards)
c) Electrical Engineering (ball field, site and stage, power and lighting)
d) Project Manual/Technical Specifications
e) Coordinate with Building Department and make corrections based
upon plan check.
2. Bid Phase
a) Bid documents, general conditions and technical specifications
b) Assist City in securing bids
c) Assist City in contract negotiations
3. Construction Phase
a) Site observation by Architect and consultants
b) Review shop drawings and submittals
c) Review pay requests if requested by City
d) Respond to questions from the field
e) Coordinate contractor's notes and prepare Record Documents
IDC No. 1502 JOJ HUC Improvements 18FEBI5 Page 12
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III. Disciplines Included
The Scope of Services described above will require the collaboration of a number of
consultants. Under this Agreement, the Architect may contract with the following
consultants as required and approved by the City in each Phase:
A. Structural Engineer
B. Electrical Engineer (power and lighting)
IV. PROJECT SCHEDULE
The project schedule for each of the phases is as follows (refer to Schedule Exhibit B):
A. PHASE I: PROGRAMMING AND SCHEMATIC DESIGN 3 months
B. PHASE II: PRELIMINARY DESIGN I month
C. PHASE III: CONSTRUCTION DOCUMENTS/ADMINISTRATION 8 months
(estimated)
V. SERVICES NOT INCLUDED UNDER THIS PROPOSAL, but may be
Required for the Project
If the following consultants are required, the Client will contract with them directly:
A. Civil Engineering
I. Existing site survey—horizontal and vertical controls
2. Site drainage
3. Precise Grading Plan
B. Fire Suppression system engineer
C. Security system engineer
D. Landscape Architecture
E. Geotechnical Investigation
VI. COMPENSATION
A. PHASE I: Programming and Conceptual Design
I. Meetings $600
2. Document research and field investigation 800
3. Programming 400
4. Conceptual Design 2,750
5. Project Scope and Budget 600
6. Project Phasing and Funding $1,000
7. Consultant Electrical Engineer 1200
subtotal Conceptual design and project scope $7,350
A. PHASE II: Preliminary Design
I. Preliminary Design $4,250
2. Engineering: structural and electrical 11000
3. Application and meetings 800
4. Project scope and budget 700
subtotal Preliminary Design and Scope $6,750
B. PHASE III: Construction Documents/Administration
I. TBD based upon scope of project
IDC No. 1502 JOJ HUC Improvements 18FEB15 P a g e 13
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C. Hourly compensation for work performed on a time and materials basis and as
additional services, shall be as follows:
RATE SCHEDULE
Principal $145
Architect 120
CADD 85
Administrative Assistant 55
D. Out-of-pocket expenses incurred by the design team which are related to the
project, such as reproduction costs (i.e. photocopying and blueprinting), telephone
expenses, facsimiles, shipping and postage, photographs, etc., will be included in the
monthly billing at 1.10 times the architect's cost. Travel outside of Coachella
Valley will be billed at 560 per mile. Estimated reimbursable expenses for Phases I
& II are Eight Hundred Dollars ($800).
VII. TERMS AND CONDITIONS
A. ARCHITECT'S INSURANCE
Architect shall maintain the following insurance:
I. Professional liability insurance in the amount of$1,000,000 per occurrence/$2,000,000
aggregate with a deductible not to exceed $50,000 from the date of this Agreement
until thirty-six (36) months after Final Completion.
2. Workers' compensation insurance and employer's liability insurance in the maximum
statutory liability amount, naming Client as an additional insured.
3. Commercial general liability insurance in the amount of$1,000,000 per
occurrence/$2,000,000 aggregate naming the Client as an additional insured. Said
policy(s) shall include contractual liability coverage, business papers coverage and
automobile liability covering all owned, hired and non-owned vehicles.
4. Each policy described above shall provide that insurance may not be cancelled or non-
renewed without thirty (30) days notice to Client.
B. ADDITIONAL SERVICES
Any additional services will be compensated pursuant to the Architect's hourly fee
schedule, or on a lump sum basis as may be mutually agreed.
C. FEE ADJUSTMENTS
Lump sum fees will be equitably adjusted if the scope and/or difficulty of the Architect's
performance is substantially increased by changes in the Project's scope or scheduling or
by conditions neither foreseen nor reasonably foreseeable by the Architect at the time
that the fee was determined, or if the Project is placed on hold for more than three (3)
months or extended for reasons beyond the Architect's control for more than twelve
(12) months. The Architect's hourly fee schedule is adjusted periodically in light of market
and economic conditions and thus can change over the course of the Project; and hourly
rate services are billed at the rate current at the time of performance. Overtime costs
necessitated by the Client's express request for expedited service will be billed without
markup.
IDC No. 1502 JOJ HUC Improvements 18FEB 15 P a g e 14
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D. INVOICING
The Client will be provided with monthly invoices for services rendered and costs
advanced. Each invoice shall be due and payable upon receipt, and delinquent thirty (30)
days after the invoice date. In the event of delinquency, the Architect may suspend or
terminate this Agreement and its related obligations with no liability for so doing, and in
addition, service charges will be assessed from the invoice date at 1.5% per month or at
the highest rate permitted by California law, whichever is lower, with payments applied
first to accrued interest. In light of the obvious advantage of resolving questions and
disputes regarding the Architect's billing quickly and while recollections are fresh, the
Client will notify the Architect of any questions or dissatisfaction regarding any particular
invoice within fifteen (IS) days of the invoice date; and if the Client fails to give the
Architect such notice, then the Client will have waived its right to dispute the accuracy
and appropriateness of the invoice and the invoice will be binding upon the Client.
S. GENERAL CONDITIONS
A. WARRANTY
The Architect warrants that all of the services provided by and on its behalf pursuant to
this Agreement will be performed with reasonable care, skill and diligence in accordance
with generally and currently accepted design professional principles and practices. This
warranty is in lieu of all other warranties, either express or implied. In particular, and
without limitation, the Architect will use its best professional judgment in interpreting and
applying the requirements of all laws applicable to the Project, but compliance with these
laws as others may eventually interpret them cannot be guaranteed. In no event will the
Architect guarantee cost estimates or Projections, or prognostications as to future
events; and it is understood that when used in conjunction with the providing of services
pursuant to this Agreement, such terms as "certify", "warrant", "verify", "confirm",
"insure", "ensure", "assure", or the like do not constitute a guarantee, but rather a
representation based on the Architect's professional opinion or judgment.
B. COOPERATION
The Architect and the Client shall strive to maintain a good working relationship
throughout the duration of the Project; and because of the importance of a good working
relationship, either party may terminate this Agreement by giving written notice to the
other, provided only that such notice is given in the good faith belief that the working
relationship is less than satisfactory. In the event that this Agreement is for any reason
terminated, the Client shall compensate the Architect for only the reasonable value of
whatever professional time and reimbursable expenses the Architect has devoted up to
the time of the termination or must necessarily devote to the Project thereafter due to
governmental requirements or otherwise necessary and reasonable to bring the Project
to a close.
C. OTHER CONSULTANTS
The Architect will coordinate the services provided pursuant to this Agreement with
those services provided by the Client's other consultants; but the Architect will have no
legal liability for any professional errors or omissions committed by these Consultants.
IDC No. 1502JOJ HUC Improvements 18FEBI5 P a g e 15
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D. LEGAL RESPONSIBILITY
The Architect will be legally liable for only the architectural services provided pursuant to
this Agreement, and not otherwise. The Architect will not be legally liable for the
providing of, or the failure to provide, legal, accounting, financial analysis, soils or
geotechnical engineering or hazardous waste or toxic substance engineering services.
Further, and without limitation, the Architect will not be responsible for delays beyond its
reasonable control, for inaccurate information provided to it by the Client or other
reasonably reliable sources, for site conditions of which it was not informed, for
hazardous materials or toxic substances at the Project site, for the specification of
products or equipment for purposes consistent with the manufacturer's published
literature, for the Client's materials and equipment decisions, for implementing the
Client's lawful decisions, for the timeliness or quality of any contractor performance, or
for the actions or inaction of any governmental or quasi-governmental agencies.
E. RISK ALLOCATION
In light of the disparity between Architect's fee and the potential liability for problems or
alleged problems with the Project, and of the Architect's limited ability to affect the risks
inherent in the Project, the Client will release and indemnify the Architect and its affiliated
entities and individuals to the fullest extent allowed by law, even in situations involving
actual alleged "active negligence" or "design defects", concerning any liability and/or loss
related to the Project; provided, however, that this indemnification shall not apply to any
indemnities sole negligence or willful misconduct. Further, in any event, the Client agrees
to limit the total aggregate liability of the Architect and its affiliated entities and individuals
concerning or relating to the Project on any and all legal and equitable theories and
concerning any and all kinds of causes of loss to the m of$25,000 or the amount of the
Architect's fee, whichever is greater.
F. THE ARCHITECT'S INSTRUMENTS OF SERVICE
All sketches, drawings and other documents prepared by and on behalf of the Architect
pursuant to this Agreement shall, as instruments of service, remain the Architect's
property with all common law, statutory and other reserved rights including copyrights
reserved; but upon payment of the related fees and costs, and for so long as the
Agreement remains in force prior to its completion, the Client shall have a nonexclusive
license to use the Instruments of Service for the purposes of constructing and maintaining
the Project. It is expressly agreed that because information stored in electronic form can
be modified by others, intentionally or otherwise, without notice or indication of said
modification, and in any event will deteriorate over time, the Architect reserves the right
to retain possession of all information contained in any electronic medium in read-only
format, and to remove all indicia of its involvement from any information contained in an
electronic medium. The instruments of service shall not be used by Client on other
Projects, or for the completion of the Project by others, except by written agreement
with the Architect including provisions for appropriate compensation. The foregoing
notwithstanding, the Architect shall refrain from the use of the Project's overall design on
other Projects without the Client's express written approval.
IDC No. 1502 JOJ HUC Improvements 1 BFEB I S Page 16
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G. DISPUTE RESOLUTION
No lawsuit or other formal legal action of any kind may be commenced by either the
Architect or the Client against the other regarding any dispute which may arise under or
concerning this Agreement unless and until the complaining party has made a good faith
effort to mediate the dispute by. (1) first providing the other party with a formal demand
letter sent certified or registered mail fully and fairly describing the claim and setting forth
a settlement demand or other proposed solution; (2) if the demand letter fails to bring
about an agreement, attempting to initiate a formal mediation under the auspices of the
JAMS Endispute, or other reputable and unbiased dispute resolution service.
H. TERMINATION OR SUSPENSION
If the Client fails to make payments to the Architect in accordance with this Agreement,
such failure shall be considered substantial nonperformance and cause for termination or,
at the Architect's option, cause for suspension of performance of services under this
Agreement. If the Architect elects to suspend services, prior to suspension of services,
the Architect shall give seven days' written notice to the Client. In the event of a
suspension of services, the Architect shall have no liability to the Client for delay or
damage caused the Client because of such suspension of services. Before resuming
services, the Architect shall be paid all sums due prior to suspension and any expenses
incurred in the interruption and resumption of the Architect's services. The Architect's
fees for the remaining services and the time schedules shall be equitably adjusted.
This Agreement may be terminated by either party upon not less than seven days' written
notice should the other party fail substantially to perform in accordance with the terms of
this Agreement through no fault of the party initiating the termination.
This Agreement may be terminated by the Client upon not less than seven days' written
notice to the Architect for the Client's convenience and without cause.
In the event of termination not the fault of the Architect, the Architect shall be
compensated for services performed prior to termination, together with Reimbursable
Expenses then due and all Termination Expenses as defined below.
Termination Expenses are in addition to compensation for the services of the Agreement
and include expenses directly attributable to termination for which the Architect is not
otherwise compensated, plus an amount for the Architect's anticipated profit on the value
of the services not performed by the Architect.
I. INTEGRITY OF THE AGREEMENT
This Agreement supersedes all negotiations and prior agreements concerning the Project
and is intended as a complete and exclusive statement of the entire agreement between
the Client and the Architect concerning the Project. This Agreement is being entered into
and will be performed in Riverside County, California; and it shall be interpreted and
enforced under and pursuant to the laws of the State of California. No failure to exercise
or delay in exercising any right under this Agreement shall be construed as a waiver, and
no waiver of a breach of any term of this Agreement be construed as a waiver of a
IDC No. 1502 JOJ HUC Improvements 18FEBI5 Page 17
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subsequent breach of the same or other terms. In the event the Architect reasonably
seeks the assistance of an attorney in order to collect fees due pursuant to this
Agreement, the prevailing party shall be entitled to recover from the other its reasonable
litigation costs including expert and attorneys' fees. The Parties hereby mutually waive any
claims for consequential damages, which either might have against the other concerning
this Agreement or its termination. In the event that this Agreement is for any reason
terminated, then its risk allocation and indemnity provisions shall remain in full force and
effect; and in the event that any such provisions shall be prohibited by law, then the
subject provisions shall not be void, but rather shall be interpreted as operating only to
the fullest extent allowed by law. Any and all actual or alleged causes of action concerning
any services rendered pursuant to this Agreement, including without limitation those for
indemnification, shall be deemed to have accrued for purposes of any statutes of limitation
or repose as of the date of the Architect's last invoice concerning the Project. This
Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective partners, joint ventures, principals, heirs, estates, personal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereby execute this Agreement based upon the Terms
and Conditions stated above and on the date indicated below.
Maria Song, Vice-President Date
Interactive Design Corporation
199 So. Civic Dr. Ste 10
Palm Springs, CA 92262
City of Palm Springs Date
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
IDC No. 1502 JOJ HUC Improvements I8FEBIS Page 18
1502
JOJ Highland Unity Center
Outdoor Improvements
Project Schedule
PHASE 2015 2016
APR MAY JUN JUL AUG SEP OCT NOV DEC )AN FEB MAR APR MAY
CONTRACT NEGOTIATION
I PROGRAMMING& SCHEMATIC PHASE
PROGRAMMING
SCHEMATIC DESIGN&SCOPE
2 IPRELIMINARY DESIGN
3 APPROVAL PROCESS
4 FINAL WORKING DRAWINGS&SPECS
CONSTRUCTION DOCUMENTS
COST ESTIMATE
PLAN CHECK CORRECTIONS
SPECIFICATIONS _
BID DOCUMENT PREPARATION ,
9 JBID/AWARD PHASE
10 CONSTRUCTION PHASE
4/1 6120 1 5 Interactive Design Corporation
EXHIBIT 6B99
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
12 Revised:6116l10
720599.1
INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Consultant's performance under this Agreement.
Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Consultant shall also carry workers' compensation insurance in accordance with California
workers' compensation laws. Such insurance shall be kept in full force and effect during the
term of this Agreement, including any extensions. Such insurance shall not be cancelable
without thirty (30) days advance written notice to City of any proposed cancellation, or ten (10)
days notice in the event of cancellation for non-payment of premium. Certificates of insurance
evidencing the foregoing and designating the City, its elected officials, officers, employees,
agents, and volunteers as additional named insureds by original endorsement shall be delivered
to and approved by City prior to commencement of services. The procuring of such insurance
and the delivery of policies, certificates, and endorsements evidencing the same shall not be
construed as a limitation of Consultant's obligation to indemnify City, its elected officials,
officers, agents, employees, and volunteers.
2. Minimum Scone of Insurance. The minimum amount of insurance required
under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at
least one million dollars ($1,000,000.00) per claim and two million dollars ($2,000,000) annual
aggregate is:
✓ required
is not required;
4. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Consultant's
comprehensive General Liability and Automobile Liability insurance coverage shall be primary
with respect to the City and its respective elected officials, officers, employees, agents, and
volunteers. Any insurance or self-insurance maintained by City and its respective elected
officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance
and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance
13 Revised:6/16110
720599.1
only, the insurer shall waive all rights of subrogation and contribution it may have against City,
its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coveraue. If Errors & Omissions Insurance is required,
and if Consultant provides claims made professional liability insurance, Consultant shall also
agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to
cover claims made within three years of the completion of Consultant's services under this
Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in
the amount required by this Agreement for at least three years after completion of Consultant's
services under this Agreement. Consultant shall also be required to provide evidence to City of
the purchase of the required tail insurance or continuation of the professional liability policy.
5. 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 otherwise acceptable to the City.
6. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting 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
Consultant'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"maybe 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.
14 Revised:6/16110
720599.1
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 agentibroker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions with respect to the City, its elected officials,
officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
15 Revised:6/16110
720599.1
CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDONYYO
7/17/2014
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: H the Certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WANED,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
Gloria Gonzales
Weingarten & Hough PHoru: (760)325-2526 FAX ,(760)322-5970
CA License No. 0086542 WORk gloriaEwhinsurance.com
610 S. Belardo Rd Ste 300
INSU 8 AFFORDINGCOVERAGE NAICp
Palm Springs CA 92264 INSURED INSURER A.Liberty Mutual Insurance Co. 3043
INSURER 8
Interactive Design Corporation INSURER C:
199 S. Civic Dr., INSURERD:
Suite #20
INSURER E:
Palm Springs CA 92262 1 INSURER F:
COVERAGES CERTIFICATE NUMBER-.CL1471702024 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, 'PERM 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.
YGEN'LAGGREGATFLUrTAPPLIESPrIt
OFINSURANCE A POLICY NUMBER PO ER PODGY EXP LIMITS
TY
EACH OCCURRENCE 3 2,000,000
L GENERAL LIABILITY D S 300,000
-MADE OCCUR $ y ZS(15)56159807 /24/2014 /24/2015 MEDW An ore E 15,000
PERSONAL a ADV INJURY t 2,000,000GENERAL AGGREGATE 8 4,000,000
ELWfrAPPLIESPEIt PRODUCTS-COMPIOP AGG 8 41000,000
PRO. LOC
E
AUTOMOBILE LIABILITY
COMBINED SING LIMIT
ANY AUTO BODILY INJURY(Per perm) $
ALL ONMED SCHEDULED
AUTO$ NprFpWNEo BODILY'
(Per a=Idmt) $
M02E0 AUTOS gUTO$ PROPERTY DAMAGE $
E
UMBRELLA LUA0 OCCUR
EACH OCCURRENCE 3
EXCE33 LU18 CLAIMS4AADE AGGREGATE S
0 RETENnpN 8
VWRRERS COMPENSATION WC STATU- OTN•
AND EMPLOYERS'LU1etLITy
ANY PR OPRIETOIUPnRTNERIEKECUTIVE YIN
OFRC TOR
ERRAEMBER IXCWDEDT N/A EL EACH ACCIDENT 3
(Ma KWM In NH) E,L DISEASE-EA EMPLOYE 8
E yaa deeof`e under
DES R6'nON OF OPERATIO EaIOW E.L DISEASE-POLICYdMR $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AtbdIACORD1DI.Addid I Namaft Schedule,Nmdre space is required)
Certificate Holder City of Palm Springs, its Officials, Bmployees and agents are named as .additional
Insured as respects General Liability as per Blanket A/I endorsement attached form #BP79960713
Primary, Non contributory applies per attached endorsement form #BP04970106
Various Projects-
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE WIPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City Of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS,
3200 B. Tahquitz Canyon Way
Palm Springs, CA 92263 AUTHORIZED REPRESENTATIVE
Gloria Goasales/GG — -
ACORD 26(2010/05) 01988.2010 ACORD CORPORATION. All rights reserved.
INSO26 pmoos).m The ACORD name and logo are registered marks of ACORD
Named Insured: Interactive Design Corp.
POLICYNUMBER: BZS ( 15) 56159807 BUSINESSOWNERS
BP 04 97 01 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
��-- BUSINESSOWNERS COVERAGE FORM
INE SCHEDULE`
Name Of Person Or Organization:
>3 s Blanket Additional Insured agreed written contract
T
S C
l�
Paragraph K. Transfer Of Rights Of Recovery
Against Others To Us in Section I11 - Common
Policy Conditions is amended by the addition of
the following:
We waive any right of recovery we may have
against the person or organization shown in the
Schedule 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 organi-
zation shown In the Schedule above.
a
"Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
SP 04 97 01 06 ®ISO Properties, Inc., 2004 Page 1 of 1
Named Insured: Interactive Design Corp Policy# BZS ( 15) 56159807
2. The insurance provided the additional insured is limited as follows:
a. The person or organization is only an additional insured with respect to liability arising out of
(1) Real property, as described in a written contract or written agreement, you own, rent, lease,
maintain or occupy;
(2) Caused in whole or in part by your ongoing operations performed for that insured.
b. The limits of insurance applicable to the additional Insured are those specified in the written
contract or written agreement or the limits available under this policy, as stated in the Declara-
tions, whichever are less. These limits are Inclusive of and not in addition to the limits of insurance
available under this policy.
c. The insurance provided the additional insured does not apply to:
(1) Liability arising out of the sole negligence of the additional insured;
(2) 'Bodily injury", 'property damage", "personal and advertising injury"; or defense coverage
under the Supplementary Payments section of the policy arising out of an architects, en-
gineer's or surveyor's rendering of or failure to render any professional services including:
(a) The preparing, approving maps, shop drawings, opinions, reports, surveys, field orders,
change orders, or drawings and specifications; and
(b) Supervisory, inspection, architectural Or engineering activities.
(3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in
the Declarations; or
(4) Structural alterations, new construction or demolition operations performed by or for the
person or organization designated in the Dedarations.
3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail-
able to the additional insured whether primary, excess, contingent or on any other basis unless a
contract specifically requires that this insurance be primary or you request that it apply on a primary
basis.
VI. NEWLY FORMED ORACQUIRED ORGANIZATIONS
The following is added to C.Who Is An Insured:
3. Any business entity acquired by you or incorporated or organized by you under the laws of any
individual state of the United States of America over which you maintain majority ownership interest
exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if
there is no similar insurance available to that entity. However,
a. Coverage under this provision is afforded only until the 180th day after the entity was acquired or
incorporated or organized by you or the end of the policy period, whichever is earlier,
b. Coverages A. Paragraph 1. Business Liability, does not apply to.,
(1) 'Bodily injury" or "property damage" that occurred before the entity was acquired or incor-
porated or organized by you; and
a (2) "Personal and advertising injury" arising out of an offense committed before the entity was
acquired or incorporated or organized by you; and
c. Records and descriptions of operations must be maintained by the first Named Insured.
No person or organization is an insured with respect to the conduct of any current or past partnership,
joint venture or limited liability oomparry that is not shown as a Named Insured in the Declarations.
VII. AGGREGATE LIMITS
The following is added to Aggregate Limits Paragraph 4. of D. Liability and Medical Expenses Limits of
Insurance:
The Aggregate limits apply separately to each of"locations" owned by or rented to you or temporarily
occupied by you with the permission of the owner.
The Aggregate Limits also apply separately to each of your projects away from premises owned by or
rented to you.
For the purpose of this endorsement only, 'location" means premises involving the same or connect-
ing lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right-
of-way of a railroad.
® 2013 Liberty Mutual Insurance.All rights reserved.
BP 79 96 07 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4
Named insured: Interactive Design Corp Policy#BZS ( 15) 569807
Section II-Liability is amended as follows:
I. SUPPLEMENTARY PAYMENTS
Paragraph f.(1)(b) of A Coverages is replaced by the following;
(b) Up to $3000 for cost of bail bond required because of accidents or traffic law violations arising out of
the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have
to furnish the bonds.
Paragraph 1.f.(1)(d) of A Coverages is replaced by the following;
(d) All reasonable expenses incurred by the Insured at our request to assist us in the Investigation or
defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off
from work.
11. BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU
ZRIIIIIIIIII With respect to the coverage provided under this endorsement, Section If -Liability is amended as follows:
1. The final paragraph of B.I. Exclusions - Applicable To Business Liability Coverage is deleted and
replaced by the following:
With respect to the premises which are rented to you or temporarily occupied by you with the permis-
sion of the owner, Exclusions c., d., e., g., h., k., I., m., It. and o. do not apply to "property damage".
2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the
following:
The most we will pay under this endorsement for the sum of all damages because of all 'property
damage" to premises while rented to you or temporarily occupied by you with the permission of the
owner is the Limit of Insurance shown in the Declaration.
3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance is deleted.
III. INCIDENTAL MEDICAL MALPRACTICE
$ Exclusion 1.j.(4) does not apply to Incidental Medical Malpractice Injury coverage.
The following is added to F.LIABILITY AND MEDICAL EXPENSES DEFINITIONS:
23. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure
to render, during the policy period, the following services:
a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or bev-
erages in connection therewith; or
b. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances.
This coverage does not apply to:
1. expenses incurred by the insured for first- aid to other; at the time of an accident and the Duties in
the Event of Occurrence, Claim or Suit Condition is amended accordingly;
2, any insured engaged in the business or occupation of providing any of the services described
under a.and b. above;
s 3, injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of
providing any of the services described under a. and b. above.
IV. MOBILE EQUIPMENT
f. Section C. Who is An Insured is amended to include any person driving "mobile equipment" with your
permission.
�BLANKET ADDITIONAL INSURED (OWNERS, CONTRACTORS OR LESSORS)
1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom
you are required to name as an additional insured on this policy under a written contract or written
agreement. The written contract or agreement must be:
a. currently in effect or becoming effective during the term of this policy; and
b, executed prior to the "bodily injury", "property damage", "personal and advertising injury".
® 2013Liberty Mutual Insurance.All rights reserved.
BP 79 96 07 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4
• WEINGARTEN&HOUGH PR99REIIIYEO
PO BOX 1866
PALM SPRINGS,CA 92263
1-760-325 2526
Policy number: 08421278.6
Underwritten by:
UNITED FINANCIAL CASUALTY COMPANY
April 24,2015
Page 1 of 1
Certificate of Insurance
Certificate Holder Insured Agent
Additional Insured INTERACTIVE DESIGN CORP WEINGARTEN&HOUGH
CITY OF PALM SPRING 199 S CIVIC DR#10 PO BOX 1866
3200 E.TAHQUIT PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92263
PALM SPRINGS,CA 92263
This document certifies that insurance policies identified below have been issued by the designated insurer to the insured
named above for the period(s)indicated. This Certificate is issued for information purposes only. It confers no rights upon
the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below.
The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and
conditions of these policies.
.............................................................................................................................................................................
Policy Effective Date: Jan 19,2015 Policy Expiration Date: Jan 19,2016
Insurance coverage(s) Limits
.............................................................................................................................................................................
BODILY INJURY/PROPERTY DAMAGE $1,000,006 COMBINED SINGLE LIMIT
.............................................................................................................................................................................
UNINSURED/UNDERINSURED MOTORIST $500,000 COMBINED SINGLE LIMIT
Description of LocationNehicles/Special Items
Scheduled autos only
.............................................................................................................................................................................
2013TOYOTA PRIUSITDKN3DUXD5628388
MEDICAL PAYMENTS $5,000
COMPREHENSIVE $1,000 DED
COLLISION $1,000 DED W/WAIVER
.............................................................................................................................................................................
2014 ACURA RDX 5J8TB3H51 EL006504 Stated Amount $35,500
MEDICAL PAYMENTS $5,000
COMPREHENSIVE $1,000 DED
COLLISION $1,000 DED W/WAIVER
Certificate number
11415NET278
Please be advised that additional insureds and loss payees will be notified in the event of a mid-term
cancellation.
,,`
Form 5241(10/02)
ACC) CERTIFICATE OF LIABILITY INSURANCE 1 DATE( M/ DIYYm
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements .
PRODUCER CONTACT Marie Swaney
Dealey, Renton$Associates MOVE EAX
199 S Los Robles Ave Ste 540 Nn sn.626 696-1890
Pasadena,CA 91101 EMAIL .mswaney@insdra.com
Lic#0020739 INSURERS AFFORDING COVERAGE NAIC#
INSURER A:Navi ators Insurance Company 42307
INSURED INTERDESI INSURERS:
Interactive Design Corporation INSURER C:
199 S.Civic Drive#10
Palm Springs,CA 92262 INSURER D:
760-323-4990 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 1096319999 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 TYPE OF POUCYEFF POLICY EXP
LTR INSD WVD POLICY NUMBER MMIDO MMMD LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE E _
A A NTED
CLAIMS-MADE OCCUR PREMISES Ea occurtence $
MED EXP(Any one person) $
PERSONAL S AM INJURY $
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY D PRO-
JECT LOC PRODUCTS-COMPlOP AGG E
OTHER: $
AUTOMOBILE LIABILITY GUMBINLU SINGLE LIMITE
Ea accident
ANY AUTO BODILY INJURY(Per person) $
AUTOS NED AUTOSULED BODILY INJURY(Per accident) $
HIRED AUTOS NON-0WNED PR PERTV DAMA E
AUTOS Paraccident $
E
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS UAB Ll CLAIMS-MADE AGGREGATE $
DED RETENTIONS $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY YIN STATUTE ER
ANYPROPRIETOWPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED?
(Mandatory,In NH) E.L.DISEASE-EA EMPLOYE E
If yes describe under
DESCRIPTION OFOPERATIONS belo,Y E.L.DISEASE-POLICY LIMIT $
A Professional Liability CM15DPL8306781V IM015 1/812016 $1,000,000 per claim
Claims Made Form $2.000,000 Annual Aggr
DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
Re: Various Facility Improvement Projects for the City of Palm Springs
CERTIFICATE HOLDER CANCELLATION 30 Day NOC/10 Day for NonPay of Prem
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 E Tahquitz Canyon Way
Palm Springs CA 92263 AUTHORIZED REPRESENTATIVE
01988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
Ac Rda
CERTIFICATE OF LIABILITY INSURANCE DATE OUNDI Y"
rT�
ERTIFICATE IS ISSl1FA AS A MATTER OF INFORMATION ONLY AND CONFERS NO 05MIr2015
ICATE DOES NOT AFFIRMATNEI.Y OR NEGATIVELY AMEND, EXTEND OR ALTER RIGFiTB UPON THE CERTIFICATE HOLDER THIS
THIS CERTIFICATE OF INSURANCE DOES NOT THECOVERAGE AFFORDED BY THE POLICIES
ENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER TE A CONTRACT BETyYEpI THE ISSUING afatNtER(S), AUTHORIZED
twm
SINIIANT: !}Hw grUryertP FlDidar b an ADDITIONAL INSURED,Ula FoBoNtiGa)must W aMeraGd. N SUBROGATION IS WANED
M AOtlor M Ilw Gf�iI1C�NY.wrtatn poNCpa I1wy fagyNa an M10Gf0amaf1l.A SYtillwnt on thb CafdRCaw doLw not eoidliraet t0 tFw
andawnwrLgal fphtr to dw
011ie Hatdl Jr �eJrLic/ODID0726748 Brockton Ave. 00M
Riverside,CA 92506 ww AINTERACTIVE DESIGN CORPORATION ": F Fn anG CasuRe
199 S CIVIC DR STE 10 MsuREtc:
PALM SPRINGS CA 92262-7215 RwuTmR O: —
UINI
COVERAGES CERTIFICATE NUM89t: MUMRi:
THIS IS TO CERTIFY TENT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN I
INDICATED. NO SSUW TO THE REVISION NUMBER:
CERTIFICATE MAY III ISSIJED MAY PERTAIN, THE INSURANCE AFFORDED TNITXSTANpM(:ANY REQUIREMENT.TERM OR CONDITION OF ANY INSURED NAMW THER FOR RESPTHE POLICY PERIOD
EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.L4AIT8 SHOWN MAY HAVEVE BEENYRWLIC W By aY THE PAIDDE HE IS SUBJECT TO ALL THE TERMS•
Tmoil buNuaIIC�
GENERALL1A KRY
_ Latl1a
COMMERCIAL GENERAL UABILITY I EACH CCLI/RI+Ff�CE f
CLA I S4mm ❑OCCURPERSO c o f
— I f I I MED E1fP ar anw f
I I ML&ADV RlJUR1, f
GENL AGGREGATE UMIT APPLIES PER GENERAL AGGREGATE S
PCLIDy LOC PRODUCTS-CORPIOP AGO f
A LKER11Y f
ANYAUTO a8SINED ^ f
SCHEDULED
pol
LEp I BOdLY IN.ENY 6�f f
HIREDAUTOS AU
TOS
I BOdLY SiAIRY(Ps ipppMiq f
S
tNAWtVLA LEIS DOCUIf i
EXCEf{LIAa EAp10CCURRENOE f
DED RET f AGGREGATE
A WOVAMOCOMPOWATId/ _ f
ANY CUTWE YIN' 92-CO-A391-S I OLVIII Otf O9pt/5019 x
lOFL�liAal�i MIWIE UIIEDY NfAI Y EL EACH ACCIDENT f 1.WD.DW
k}fA�bugM E.LOISEASE.EAE/ S 1.000.0w
.EL DISEASE-WUCY UWT f IAWOU G
DESCN►mN OFOPWILOMSI LGCA110NEf VWILl[a IAafell ACOIw NI,AA4AIYREI Rf1RMAi SMM INk NAnw YO M NNNI l
CERTIFICATE HOLDER CANCELLATION
City Of Palm Springs SHOULD ANY OF THE ABOVE OISCRE ED pOLIM BE CALLED BEFORE
THE MERI NOTICE
3200 E.TahgDltz Canyon Way ACCORDANCE WITH TION �POLICY pRovMlorn WILL BE oFtfveRED IN
Palm SpIrl CA 9=3
AUnIONIZED
- S
and
ACORD ZS(2010/OSI The ACORD name 01 0 ACORD CORPORATION. AR riOMa nwervad.
IOBG am rE�ersd Mal Of ACORD 10014e$ 132849Z 01 23-2013
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 segregat ng the remuneration of your employees while engaged In the
work described in the Schedule.
The additional premium for this endorsement shall be .5
otherwise due on such remuneration, % of the California workers•Compensanon premium
Schedule
Person or Q111 1=11
CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY CONSULTING SERVICES
PALM SPRINGS CA 92263
This endorsement changes the policy to which k is attached and is effadve on the date Issued unless oltienwjge stated.
(The kdOrmatl0n below Is reWlred only when this endorsement Is issued wbaequeas of preparationlesto a of the policy.)
EndosememEffactive 09/01/14 PolicyNo92—CQ—A391-8
E
Insured INTERACTIVE DESIGN CORPORATION Insurance Company State Faun FFiire and CasualtyCompany
mpany
Countersigned By
WC 04 03 06
(Ed.4-84)
Printed in U.sA