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HomeMy WebLinkAbout06386 - RICH PARZINSKY POOLS INC RAINMAKER FOUNTAIN WAND RESTORATION AND REPAIR Kathie Hart From: Jennifer Henning Sent: Friday, February 07, 2014 12:05 PM To: Kathie Hart Cc: John Raymond;Jay Thompson Subject: RE:A6386-Rich Parzinsky (Rainmaker Fountain Want Restoration and Repair) Hello! This agreement can be closed all of the work has been completed. Thank you! Jan \1 \\ Public Arts&Special Projects Coordinator V Community&Economic Development City of Palm Springs Tel:760.778.8408 Fax:760.322.8325 www.paimsprings-ca.gov City Hall is open 8:00am -6:00pm Monday-Thursday and closed every Friday. From: Kathie Hart Sent: Thursday, February 06, 2014 7:20 PM To: Jennifer Henning Cc: John Raymond; Jay Thompson Subject: A6386 - Rich Parzinsky (Rainmaker Fountain Want Restoration and Repair) Jen: Has the work been completed? My notes states this agreement should have been completed in September 2013. Please advise. Thx! Kathie Hari; CAW Chief Deputy City Clerk Oty of Pa/m Springs A�(760)323-8206 3200 E. Tahquitz Canyon Way A(760)322-8332 Palm Springs, CA 92262 EV Kathie.Hort@Pa/mS�rinosCA.�ov Please note that City Half is open 8 a.in, to 6 pm,. Monday through Thursday,and closed on Fridays at this time. -71 Kathie Hart From: Kathie Hart Sent: Thursday, February 06, 2014 7:20 PM To: Jennifer Henning Cc: John Raymond;Jay Thompson Subject: A6386-Rich Parzinsky (Rainmaker Fountain Want Restoration and Repair) Jen: Has the work been completed? My notes states this agreement should have been completed in September 2013. Please advise. Thx! Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs I'(760)323-8206 3200 E. 7-uhqu/tr Canyon Way A (760)322-8332 Palm Springs, CA 92262 �9Kafhie.Hart@PalmSprinasCA.2ov Please note that City Hall isapen 8 a.m. to 6 pm,. Monday through Thursday,and closed on Fridays at this time. —V9 1 ® DATE(MNUDDIYYY)r) A`oa� CERTI&ATE OF LIABILITY IN ANCE 10/10/2013 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 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 COHAME:NTA t CT Paula Fesa SCP Insurance Services, Inc. PHONE Ertl-JAJC No (909)794-9700 FAl( , (909)?94-9711 ' M',,,.paula@scpins.com Yucaipa Blvd (p � '� .paula@scpina.com INSURERS AFFORDING COVERAGE NAIC d Yucaipa CA 92399 INSURERA:North East Insurance Company INSURED INSURERB.Nationwide Mutual Insurance Rich Parzinsky Pools, Inc. INSURERC:State Compensation Ins. Fund P.O.BOx 897 INSURER D: NSURER E: Palm springs CA 92263 INSURER F: 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 TYPE OF INSURANCE A LSUBR POLICY NUMBER POLICY ICY EFF POLICY EXP LIMBS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO REPT07— X. COMMERCIAL GENERAL UABILRY PREMISES Me occummce $ 100,000 A CLAIMS-MADE OCCUR GLDL00017-13 /1/2013 /1/2014 MED EXP(Any one erson) $ 5,000 PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 X. POLICY X PRa LDC $ POAUTOMOBILE LIABILITY COMBI NE SINGLE L 1 000,00 B ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED P BA 7805987566 /1/2013 /1/2014 BODILY INJURY(Per accident)AUTOS AUTOS X. NON-OWNED PPROPERTY DAMAGE $ HIRED AUTOS AUTOS UMBRELLA LIMB OCCUR EACH OCCURRENCE $ EXCESS LIM CLAIMS-MADE AGGREGATE $ DEO I I RETENTIONS S C WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY � WITS FIR ANY PROPRIETORIPARTNEWEXECUTIVE NIA EL EACH ACCIDENT $ 11000,000 OFFICEWMEMBER EXCLUDED? 9075436-13 0/11/2013 8/15/2014 (Mandalay in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMn $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Albch ACORD 101,Additional Remarks Schedule,Umore space is required) Certificate Holder is included as Additional Insured with respect to General Liability per r@3ldorsement CG 20 10 07 04. 30 days notice of cancellation except 10 days for non-payment of premium: o w CERTIFICATE HOLDER CANCELLATION - (760)323-8238 CI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL W DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. lfJ City of Palm Springs Attn: Lee Ann in Contracting 3200 E. Tahquitz Canyon Way AUTHORIZES REPR SENTATIVE Palm Springs, CA 92262 ACORD 25(2010105) q 88.2010 ACORD CORPORATION. All rights reserved. INS025(201005).at The ACORD name and log are registered marks of ACORD POLICY NUK(3E R:CGLOL00017.13 COh1MERCIAL 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 Lndel the following: COMMERCIAL GENERAL LIA131LITY COVERAGE PART SCHEDULE Name Of Additional Insured Personis) B=,h VET- WHEIRE REQU:FEED BY WRITTEN CON'-&&= Inf rmatior required to complete this Schedule if not shown above. wiN he shown in the Declarations. A. Section II — Who Is An Insured is amended to B, Wlth respect to the insurance afforded to these include as an additional insured the person(s) or additional insurees, the following additional exclu- organ¢ation(si 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: f- Your acts or omissions; or 1. All work, including materials, parts or equip in , ment furnished 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 or behalf of In the performance of your ongoing operations for the additional insured(si at the location of the the additional insureds) at the localion(s) desig- covered operations has been completed; of 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 other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 (q 150 Properties, Inc., 2004 Page i of r A Ro® CERT GATE(MMA1D/YY1'Y) ATE OF LIABILITY IN RANCE 10/10/2013 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not corder rights to the certificate holder in lieu of such endorsemen s. PRODUCER CONTACT Paula Pests SCP Insurance Services, Inc. PHONE (909)794-9700 FAX No): (909)794-9711 31786 Yucaipa Blvd EMAIL .Paula@sepins.com ' C+J INSURERS AFFORDING COVERAGE NAIC9 Yucaipa CA 92399 INSURERA:NOrth East Insurance Company INSURED INSURER B:NationWide Mutual Insurance Rich Parzinsky Pools, Inc. INSURERC:State Compensation Ins. Fund P.O.Box 897 INSURER D: INSURER E: palm Springs CA 92263 INSURER F: 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 TYPE OF INSURANCE A DL UM POLICY EFF POLICY EXP LTR POLICYNUMBER JMNUDDfYYYYI fMM/DDfYYYYIUMRS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY UAAAAbI, I U KtN I tU PREMISES e cocunncel $ 100,000 A CLAIMS-MADE Fx1 OCCUR GLDLOD017-13 /1/2013 /1/2014 MED EXP(My one person $ 5,000 PERSONAL$ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 21000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY X JFQT PR4 LOC $ AUTOMOBILE LIABILITY COMBINED Uff— Ea acci L 1,000,000 B Ix ANY AUTO BODILY INJURY(Per perscn) $ ALLOWNED SCHEDULED P HA 7805987566 /1/2013 /1/2014 BODILY INJURY(Per acddent) $ AUTOHIRED X AUTOS AUTOS PPROPERT DAMAGE $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ C WORKERS COMPENSATION X WC STATU- OTR AND EMPLOYERS'LIABILITY �ANY PROPRIETORIPARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT $ 1,000,00 OFFICERJMEMBER EXCLUDED? 9075436-13 0/11/2013 8/15/2014 (Mandatory in NH) E.L.DISEASE-EA EMPLO 1,000,00 P yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 000 000 l`J DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (AWch ACORD 101,Additional Rennar s Schedule,d mom span Is required) - Re: Rainmaker #8007. Certificate Holder is included as Additional Insured including a,,vaivlsr, of:. subrogation with respect to General Liability incl primary wording per the attached endorsement'CG 20 10 07 04, CG9 20 06 12 09 and CG24 04 10 93. Waiver of Subrogation included with respects to Wvrkers Comp per the attached endorsement . Additional insured and primary wording also included with rli. acts to Commerical Auto per the attached endorsement AC 01 02 03 10 and policy form CA00 001 03 10[,T30 days notice of cancellation except 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION (760)323-8238 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. Attn: Jennifer Henning 3200 E. Tahquitz Canyon Way AUTHORI REPRES NTATIVE Palm Springs, CA 92262 ACORD 25(2010105) © 9988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO AC 01 02 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM rental of a vehicle is an "insured" for Liability EQUIPMENT Coverage, but only to the extent that person 1. Under the COVERED AUTOS SECTION, or organization qualifies as an "insured" un- the following are added to Paragraph C. der the Who Is An Insured Provision con- Certain Trailers, Mobile Equipment and SECTION ON in the LIABILITY COVERAGE S Temporary Substitute Autos: SECTI the Coverage Form 4. "Trailers" designed to be towed by a pd- D. REPLACEDD EXCLUSIONS vate passenger type "auto" or a pickup, The Expected or Intended Injury Exclusion panel truck or van if not used for busi- in the LIABILITY COVERAGE SECTION is ness purposes. other than farming or replaced by the following: ranching. Expected or Intended Injury 5. Farm wagons or farm implements while "Bodily injury"or"property damage"which is being towed by a covered "auto". expected or intended by the "insured". This B. CHANGES FOR ADDITIONAL NEWLY exclusion applies even if the resulting "bodi- ACQUIRED VEHICLES ly injury"or'property damage": 2. Paragraph B.2 of the COVERED AUTOS a. is of a different kind,quality or degree SECTION is replaced by the following: than initially expected or intended:or 2. If Symbol(s) 7 or 67 is entered next to b. is sustained by a different person,entity, coverage in Item Two of the Declara- real property, or personal property than tions, an "auto" you acquire will be a that initially expected or intended. covered-auto"for that coverage only if: E. ADDITIONAL EXCLUSIONS a. We already cover at least one"auto" The following exclusions are added to the you own for that coverage or it rep- LIABILITY COVERAGE SECTION: laces an "auto" you previously owned that had that coverage;and Damage to Named Insured's Property b. You tell us within 30 days after you Any claim or "suit" for "property damage"by acquire it that you want us to cover you or on your behalf against any other per- it for that coverage. son or entity that is also a Named Insured under this policy. The most we will pay for Physical Damage Abuse or Molestation Coverage for"loss" under this Coverage Ex- tension is $100,000 per "auto", subject to "Bodily injury" or "property damage" arising the largest deductible applicable to any "au- out of: to"for that Coverage. a. The actual or threatened abuse or C. BLANKET ADDITIONAL INSURED molestation by anyone or any person Any person or organization which you have while in the care, custody or control of agreed to name as an additional insured in a any"insured",or written contract, executed prior to an acci- b. The negligent: dent, other than a contract for the lease or 1) Employment; AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. ACP BA 76-0-5967566 LD9U 13043 INSURED COPY AC0102031000 0001 79 0055105 PCLICY NUMBER CGLDL00017.13 COMMERCIAL GENERAL LIABILITY CG9 20 06 12 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED -his encorsement modifies insurance provided under the following: COMM5RCIAL GENERAL LIABILITY CCVERAGE COVERAGE PART PRCDUCTWCOMPLETED OPERATIONS COVERAGE PART IT IS.AGREED COVERAGE IS PROVIDED FOR THE ADDITIONAL INSURED(S)AS FOLLOWS: ' Secti on 11 of the Policy (WHO I. AN INSURED is amended ID include any person or oigan¢alion that you have agreed in a written contract to name as an additional insured, provided: (a) the"bodily injury' or"property damage" occurs after the contract is executec; and (b) the "bodily mjury" or -property damage" arises from 'your work' performed during the polity term: but only to the extent the additional insured is held liable for the named insured's own acts or omissions. 2. —he applicable Limit of Insurance shall not be increased by the inclusion of any number of"additional insureds," 3. No coverage is provided to the additional insured for danages because of"bodily injury" to an "employee"of the named insured, whether"suit'is brought or claim is made by the "employee" or die parent, spouse, child or sibling of such "employee," or any entity seeking damages because of injury to such"employee." �. —he coverage provided for the additional insured is primary and non-contributory.- 5 Other than as expressly modified herein, coverage for the additional insured is governed by the terms and conditions of this policy. CG9 20 06 12 09 Copyright; Tower Group Companies, Inc, 2009 Page 1 of 1 ❑ POLICY NUKl3CR:CGLDL03017.13 CONIMERCIAL 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 provideC Lndei the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART III SCHEDULE Name Of Additional Insured Personls) Or QrganI?atInn(Q- Locationisf Of Covered Operations S:.I.P7F:ET- WHERE REQU-REL BY WRITTEN C17NTfLkCT Inforrnethor required to complete this Schedule if not shown above. will he shown it 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(si 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' aused, in whole or in part, by: "property damage"occurring after. c Your acts or omissions; or 1. All work, including materials, parts or equip- 1. ment furnisheC 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(si at the location of the the additional insured(s) at the location(s) dcsig- covered operations has been completed;or rated 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 other than another contractor or subcontractor en- gaged in performing operations for a principal as a part ofthe same project. CG 20 10 07 04 «^150 Properties, Inc., 2004 Page 1 of 1 C POLICY NLINBER:CGLDL000n•r3 COMMERCIAL GENERAL LIABILITY CG 24 04 1D 93 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: CONGVERCIAL GENERAL UABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET-WHERE REQUIRED BY WRITTEN CONTRACT De5no entry appears above, information required to complete this endorsement will be shown in the claratiore as applicable to this endorsement! The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition Gection IV - cow IVERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have agaiiit the person or organization shown in the Schedule above ✓because of payments we make for.injury or damage wising out of yolr 0 oing operations or your work" done under a contract with that person or orgpy izatt and included In tt� 'prod in ct-Sehpult completed hazard". This waiver applies only to the person or organization CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 ❑ ENDORSEMENT AGREEMENTSTATE • VER OF SUBROGATION 9075436-13 NEW NA FUND 5-52-34-06 PAGE 1 HOME OFFICE SAN FRANCISCO EFFECTIVE OCTOBER 23, 2013 AT 12. 01 A.M. ALLEFFECTIVE DATESARE AND EXPIRING AUGUST 15, 2014 AT 12. 01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME RICH PARZINSKY POOLS PO BOX 897 PALM SPRINGS, CA 92263 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, THE CITY OF PALM SPRINGS WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, RICH PARZINSKY POOLS IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: OCTOBER 25, 2013 2570 `(I� Few AUTHORIZED REPRESENT PRESIDENT AND CEO SCIF FORM 10217 MEV.1-201Z OLD DP 217 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Rainmaker Fountain Wand Restoration and Repair THIS CONTRACT SERVICES AGREEMENT (herein "Agreement'), is made and entered into this L� day of aVcoV SY— , 2013 by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and Rich Parzinsky Pools, Inc., (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. 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 services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractor 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. 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 services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, 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 services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services t hereunder, 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 Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Bath parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both 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. Unless hereafter specified, neither party shall be responsible for the service of the other. 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 said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit"B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Twelve Thousand Seven Hundred Fifty Dollars and Zero Cents ( 12 750) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of 2 Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1st) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to 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" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to 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, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer'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 pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Mr. Rich Parzinsky. 3 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein 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 approval of City. Transfers restricted hereunder 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 the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. 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 perform all services required herein as an independent contractor 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. Contractor shall not at any time or in any 4 manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE AMOUNTS 5.1 Insurance. 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. The types of insurance required and the coverage amounts are specified below: A. Minimum Scope of Insurance Reauired 1. General Liability Insurance is required whenever the City is at risk of third-party claims which may arise out of work or presence of a contractor, vendor and service provider on City premises. At a minimum this policy shall: • be written on a per occurrence basis; and • include products and completed operations liability, independent contractors liability, broad form contractual liability, and cross liability protection. 2. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or service provider in their scope of work or when they are driven off-road on City property. Compliance with California law requiring auto liability insurance is mandatory and cannot be waived. At a minimum this policy shall: • be written on a per occurrence basis; and • include coverage for Bodily Injury and Property Damage, Owned, Non-owned and Hired Vehicles; and • include coverage for owned, non-owned, leased and hired vehicles. If an automobile is not used in connection with the services provided by the contractor, vendor or service provider, a written request to waive this requirement should be made to the City's Risk Manager. 3. Workers' Compensation and Employer's Liability Insurances is required for any contractor, vendor or service provider that has any employees at any time during the period of this contract. Contractors with no employees must complete a Request for Waiver of Workers' Compensation Insurance Requirement form available from the City's Risk Manager. At a minimum, this policy shall: • provide statutory requirements of the State of California; and • include $1,000,000 Employer's Liability. B. Minimum Limits of Insurance Coverage Required $1 Million per Occurrence/$2 Million Aggregate Umbrella excess liability may be used to reach the limits stated above. C. General Standards for Insurance Policies All insurance policies shall meet the following standards: 1. Insurance carrier is to be placed with duly licensed or approved non admitted insurers in the state of California. 5 2. Insurers must have a Best's rating of B+, Class VII, or higher (this rating includes those insurers with a minimum policyholder's surplus of $50 Million to $100 Million). Exceptions to the Best's rating may be considered when an insurance carrier meets all other standards and can satisfy surplus amounts equivalent to a B+, Class VII rating. 3. Certificate must include evidence of the amount of any deductible or self- insured retention under the policy. D. Verification of Insurance Coverage All individuals, contractors, agencies, and organizations conducting business for the City shall provide proof of insurance by submitting one of the following: (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 it relates to a specific contract" 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 it relates to a specific contract" or "for any and all work performed with the City" may be included in this statement). See Example A below. As an alternative to the non-contributory endorsement, the City will accept a waiver of subrogation endorsement on the General Liability policy. At a minimum, this endorsement shall include the following language: "This insurance company agrees to waive alf rights of subrogation against the City of Palm Springs, its officers, officials and employees for losses paid under the terms of this policy which arise from the work performed by the named insured for the City." 3. "The insurance afforded by this policy shall not be cancelled except after thirty days prior written notice by certified mail return receipt requested has been given to the City." 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. See Example B below. The Workers' Compensation and Employer's Liability policies shall contain waiver of subrogation clause in favor of City, its elected officials, officers, employees, agents and volunteers. See Example C below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates 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 agentlbroker or insurance underwriter. Failure to obtain the required documents prior to the commencement of works hall not waiver the contractor's obligation to provide them. E. Acceptable Alternatives to Insurance Industry Certificates of Insurance 6 The City will accept either a CG 20 10 10 01 or a CG 20 33 10 01 (or some form specific to a particular insurance company that has similar wording) as long as the form is accompanied by a CG 20 37 10 01. In addition, the City will accept the following. • A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten (10) days for non-payment of premium) and additional insured and/or loss-payee status, when appropriate, for the City. • Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of approval F. Endorsement Language for Insurance Certificates Example A: THE INSURANCE SHALL BE PRIMARY WITH RESPECT TO THE INSURED SHOWN IN THE SCHEDULE ABOVE, OR IF EXCESS, SHALL STAND IN AN UNBROKEN CHAIN OF COVERAGE EXCESS OF THE NAMED INSUREDS SCHEDULED UNDERLYING PRIMARY COVERAGE. IN EITHER EVENT, ANY OTHER INSURANCE MAINTAINED BY THE INSURED SCHEDULED ABOVE SHALL BE IN EXCESS OF THIS INSURANCE AND SHALL NOT BE CALLED UPON TO CONTRIBUTE WITH IT. Example B: SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL €ND&kVAR TO MAIL 30 DAYS` WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN UT FAII_WRE Tn MAIL 91 ICH NOTICE cuni i IMPO Sr 1.in n N O - IARI ITV Or ANY VKIAID UPO HE INS F or000cr�renvrc ' `The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." Example C: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY WITH RESPECT TO THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. G. Alternative Programs/Self-Insurance Under certain circumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet the City's requirements. The City has recently joined SPARTA (Service Providers & Artisans Trade Activities Program)to accommodate smaller contractors and service providers who have difficulty in meeting 7 the City's insurance requirements. The SPARTA Program offers a general liability program that provides the $1 million limit and, upon request, will also provide auto insurance with the $1 million limit(only in conjunction with the purchase of general liability insurance). SPARTA is only available during the time your company is under contract with the City. Insurance is provided on a per project basis and is overseen by the Municipality Insurance Services, Inc. Essex Insurance Company provides coverage and is an A++ rated company. There is a 24-hour response time and coverage is immediate. A quote may be obtained by calling 1-800-420-0555 or online at www.2sr)arta.com. Type of work covered: A. Personal services contracts; B. General contractors and their subcontractors(certain specialty trades excluded); C. Consultants; and D. Providers of goods. H. Waiver of Modification of the Insurance Requirements Any waiver or modification of the insurance requirements can only be made by the City's Risk Manager or designee at City's discretion. If you do not believe that the insurance requirements apply to you (e.g., you do not have employees and therefore are not subject to the State workers' compensation insurance requirements; you do not drive an automobile in connection with the services you provide to the City; professional liability or errors and omissions liability insurance is not available for the type of services you are performing, etc.), please submit a written request for waiver or modification of the insurance requirements and the reasons underlying your request to the Risk Manager. All requests for waiver or modification will be reviewed and a final determination rendered by the Risk Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to 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 times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 8 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents 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 delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and 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 hereunder. Any use of such completed documents for other projects and/or use of uncompleted 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 damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The 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. 7.0 ENFORCEMENT OF AGREEMENT 7.1 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right 9 to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A parry's consent to or approval of any act by the other party requiring the parry's consent or approval shall not be deemed to waive or render unnecessary the other parry's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 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 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. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to 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. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Five Hundred Seventy Six Dollars ( 676) as liquidated damages for each calendar day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non- terminating party with the opportunity to cure pursuant to Section 7.2. 10 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and 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. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 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. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication 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 prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice 11 shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. 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 a 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 are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder 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. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party 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 said party is bound. 12 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation e B ' City Clerk �B/�q/�a13 City Manager APPR D AS TO F RM: BY: B . Ity Attorney Director om unl and Economic Development CONTRACTOR: Rich Parzinsky Pools, Inc. P.O. Box 897 Manage one:_Individual Partnership_Corporation Palm Springs, CA 92263 Corporations require two notarized signatures: One from each of the following: A.Chairman of Board,President,or any Vice Presider t:- D B.Secretary,Assoa/nl,Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By.\-_; -C.i� .�t, l7—ci , I. 8 . Y c- Signature(nolariz d) 61 Signature otanzed) j Name: I�lCf¢/ AZ ���/2��tis Name: e-,r cL Title: p rA c S I rd Title:) . S eC i ab State ofcl U)Yzzr-�)A} Stale of Not to Exceed $ Without The Exp ss Written County ofz-� Iss County of mj ss Authorization Of The City Manager Onz la-�E-e- 061 ZG\2 on before me,iept AS�-A i�l Ebg-jh75 before me,ir� w\. �t t �f�^b(t11►� personally appeared personally appeared Q\(-VL'b ?F 1QR)1l)EA"—Y who proved to me �tviZT (myA% --Q A �who proved to on the basis of satisfactory evidence to be the person whose me on the basis of satisfactory evidence to be the persorN name islaoa subscribed to the within instrument and whose nary s)is/are-subscribed to the within instrument and acknowledged to me that hehOteRhey executed the same in acknowledged to me that he/sheRhey executed the same in hisAwhitheir authorized capacit�1!184 and that by hisiher.4heir -histheh4heir authorized capacitples),and that by4aislherlNroi- signature� n the instrument the personts),or the entity upon signaluret%,on the instrument the persor)(s),or the entity upon behalf or which the persoXnacted,executed the instrument. behalf of which the perso?Ita)acted,executed the instrument. I certify untler penalty of perjury under the laws of the Slate of I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. •1� WITNESS my hand and official seal. Notary Signatured'V� t=k- •^-�L�� C.� H.D46Fery Signatur�:�yllnv.5�i � �A, i� Notary Seal: Notary Seal: THOMAS M.FIEGENSIC THOMAS 1.FIEGENSCHUH commission# 1984419 Z Commission# 1984419 Z c -� Notary Public-California i -� Notary Public-California Z Riverside County a Riverside County My Comm.Expires Jul 6,2018 Mq Comm. Expires Jul 8 2016 EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide restoration services to existing 'Rain maker' fountain wands. Restoration of the wands will generally include, but is not limited to: removal of the wand and wand components, stripping and sanding of calcified surfaces and deteriorated exterior paint, primer and preparation of all wand surfaces for repainting, repaint wands according to specifications and instructions provided by the Artist, clean wand base structures and remove all alkaline residue, reinstall wands and mount with new certs and o'rings according to custom specifications provided by the Artist. Note: Paint material will be same "tnemec" product used in previous restoration and according to Artist specifications. 14 } t RICH PARZINSKY POOLS, INC. P.O. BOX 897 PALM SPRINGS, CA. 92263 (760)324-5827/FAX (760)324-7287 LIC. #431-055 DATE: OCTOBER 18, 2012 JENNIFER HENNING (760)778-8408 EMAIL: JENNIFER.HENNING@PALMSPRINGSCA.GOV ---------------------------------------------------------------------------------------------------------------------- STREET JOB NAME 3001 TAQUITZ MCCALLUM RAINMAKER (REPAINT) -------------------------------------------------------------------------------------------- JOB LOCATION TRANCES STEVENS PARK PALM SPRINGS, CA. 92262 PALM SPRINGS, CA. WE PROPOSE, hereby to furnish material and labor to complete in accordance with specifications below, for the sum of$ SEE BELOW. -------------------------------------------------------------- PAYMENT: 50% UPON REMOVAL OF WANDS 50% UPON COMPLETION OF WORK SPECIFIED -------------------------------------------------------------------------------------------- ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED. ALL WORK TO BE COMPLETED IN A WORKMAN LIKE MANNER IN ACCORDANCE WITH STANDARD INDUSTRY PRACTICES. ANY ALTERATION OR DEVIATION FROM SPECIFICATION BELOW INVOLVING EXTRA COST WILL BE EXECUTED ONLY UPON WRITTEN ORDERS AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE PROVIDED ABOVE. NOTE: This proposal may be withdrawn by us if not accepted within 30 days. REMEMBER TO US A LICENSED AND BONDED CONTRACTOR.... IT'S THE LAW!! a RICH PARZINSKY POOLS, INC. P.O. BOX 897 PALM SPRINGS, CA. 92263 (760)324-5827/FAX (760)324-7287 LIC. #431-055 SPECIFICATIONS: DRAIN BASIN (BY CITY OF PS), REMOVAL OF WANDS WITH A MANLIFT, STRIPPING & SANDING OF WANDS, PRIMER WANDS, REPAINT WANDS, WAX WANDS, BASE STRUCTURE OF THE WANDS CLEANED (REMOVE OF ALL ALKALINE BUILD UP), REMOUNT WANDS WITH NEW CERTS AND O'RINGS (CUSTOM MADE) AND REMOUNT USING MANLIFT. REFILLING OF BASIN AND BALANCE OF CHEMICALS BY THE CITY OF PALM SPRINGS. $12,750.00 NOTES: MANLIFT IS NEEDED TO TAKE THE WANDS DOWN, CLEAN THE WATER FEATURE BASE AND TO RE-SET THE WANDS BACK ON IT'S STRUCTURUAL BASE, ONCE PAINTED. PAINT WILL BE THE SAME "TNEMEC" AS USED BEFORE. BASIN WILL BE DRAINED, BY THE CITY OF PALM SPRINGS, TO START THE JOB. BASIN TO BE REFILLED, BY THE CITY OF PALM SPRINGS, ONCE ALL THE ABOVE WORK IS COMPLETED. ALL CHEMICALS TO BE BALANCED, BY THE CITY OF PALM SPRINGS, RICH PARZINSKY POOLS, INC. P.O. BOX 897 PALM SPRINGS, CA. 92263 (760)324-5827/FAX (760)324-7287 LIC. #431-055 SPECIAL NOTES: WARRANTY ON THE PAINT JOB IS FOR "ONE YEAR" AGAINST DELAMINATION. DAMAGES CAUSED BY MOTHER NATURE OR MANKIND ARE NOT COVERED. MAINTENANCE OF THE WANDS - AT LEAST EVERY THREE MONTHS THEY SHOULD BE TAKEN DOWN AND CLEANED BECAUSE OF ALKALINE BUILD UP, CAUSED BY THE WATER GOING THROUGH THEM DAILY. IF THIS IS NOT DONE, ALL WARRANTIES ARE "VOIDED". WHAT WE ARE BIDDING ABOVE, WOULD HAVE TO BE DONE AGAIN IN TWO TO THREE YEARS. We thank you for the opportunity to bid your project. Should you have any questions regarding this proposal please call us at(760)324-5827. Respectfully submitted, - - - - - - - - - - - - - - - - - - - - Richard Parzinsky, Pres. ACCEPTANCE OF PROPOSAL - The prices above, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. AUTHORIZED SIGNATURE DATE EXHIBIT "B" SPECIAL REQUIREMENTS Business License Requirement: Contractor shall possess a valid City of Palm Springs Business License throughout the term of this agreement 15 EXHIBIT "C" SCHEDULE OF COMPENSATION Schedule of Values (Lump-Sum Price Breakdown): The lump-sum price of$12,750 established in the Contract Documents shall serve as the basis for payment and will be incorporated into a form of Application for Payment acceptable to the City. First payment in the amount of $6,375 shall be payable upon removal of the wands and initiation of restoration services; Second payment in the amount of $6,375 shall be payable after completion of the services, and not less than 30 days thereafter. 16 EXHIBIT"D" SCHEDULE OF PERFORMANCE TERM OF CONTRACT: All work to be completed within twenty (20)working days from the agreed Notice To Proceed date. WORK HOURS: Working hours consist of 7 A.M. to 4:00 P.M. Monday through Thursday. No work shall be permitted on weekends or holidays. 17