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HomeMy WebLinkAbout00533C - DMC DESIGN GROUP TRIANGLE PARCEL SURVEY APN 508-051-055 Page 1 of 1 Kathie Hart From: Diana Shay Sent: April 03, 2009 10,14 AM To: Kathie Hart Subject: RE: A0533c- DMC Design Group- Professional Survey of the Conv Ctr Triangle Parcel (02-10-08 to 05-10- 08) Yes" From: Kathie Hart Sent: Friday, April 03,.2009 9:35 AM To: Diana Shay Subject: A0533c - DMC Design Group - Professional Survey of the Conv Ctr Triangle Parcel (02-10-08 to 05-10-08) Ok to close? Kathie Hart, CMC Chief Deputy City Clerks , City of Palm Springs \ 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 T (760) 323-8206 ; 8 (760)322-8332 (z9 Kathie.Hart@Palm5pring$CA.gov 04/03/09 CONSULTING SERVICES AGREEMENT (DMCDesign Group Triangle Parcel Survey, I-77Acre Lot in Palm Springs, CA, ,4PNNo. 508- 051-055) THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this 10 day of February 2008, by and between the Community Redevelopment Agency of the City of Palm Springs, ("Agency"), and DMC Design Group, Inc., a Civil Engineering and Land Surveying Consultant(`Consultant"). RECITALS A. Agency requires the services of an Engineering and Land Surveying Consultant for conducting a Convention Center Triangle Parcel boundary and topographic survey(Project"). B. Consultant has submitted to Agency a proposal to provide professional surveying services to Agency pursuant to the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified to provide the necessary services to Agency for the Project and desires to provide such services. D. Agency desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, Agency agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the Agency as follows: AGREEMENT L CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide professional surveying services to Agency as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which 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 in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terns set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.3 Licenses and Perruits. 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_ ] "^��,,��pp pp p p Revised:3123/07 507639.2 �l'If a,6��.�Y 4 Vi�iL 37 phi 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. belays 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. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit"A,"which total amount shall not exceed $8,000.00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to Agency in the form approved by Agency's finance director, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized services performed. Agency shall pay Consultant for all expenses stated thereon, which are approved by Agency 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 Agency, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; 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 therefore by the Community Redevelopment Agency of the City of Palm Springs for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to Agency. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 5076392 2 Revised:3/23107 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but 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 if Consultant shall within ten(IQ) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain 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, and the Contract Officer's detennination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in full force and effect for a period of two months, commencing on February 10, 2008 and ending on May 10, 2008, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORT{ 5.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: David M. Cosper, P. 1 ., Principal. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for Agency 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 hereunder. 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 Director of Community and Economic Development, or his/her designee. It shall be the Consultant's ;responsibility to keep the Contract Officer, or his/her designee, Fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for Agency to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of Agency. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. 3 Revised,3/23/07 50763912 5.4 Independent Contractor. Neither Agency 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 herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of Agency and shall not be an employee of City and shall remain at all times as to Agency a wholly independent contractor with only such obligations as are consistent with that role; however, Agency 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 Agency. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services set forth herein. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the Director of Cormnunity and Economic Development, the Agency shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: David M. Cosper Principal 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit"B,"which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless Agency, 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 Agency, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, which Claims arise out of or are related to Consultant's performance under this Agreement, but excluding such Claims arising from the negligence or willful misconduct of the Agency, 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 hereunder- 4 Revised:3M/07 5076392 B. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the perfonmance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. 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 froin 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 Agency and shall be delivered to Agency upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights or ownership of the documents and materials hereunder_ Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 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 and 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 Agency and copies thereof shall be promptly famished to Agency 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 haws 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 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 Agency shall be deemed to waive or render unnecessary Agency's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any 5 Revised:3123/07 507639.2 default nrust be in writing and shall not be a waiver of any other default concerning the same or any oilier provision of this Agreement. 9.3 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 tunes, of any other rights or remedies for the same default or any other default by the other party. 9.4 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. 9.5 'Termination Prior to Expiration of Term. Agency reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, Ore period of notice shall be such shorter time as may be determined by the Agency. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder 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 thereafter. Consultant may tenminate this Agreement, wide or without cause, upon thirty (30) days written notice to Agency. 10. AGENCY OFFICERS AND EMPLOYEES, NON-DISCRIMINATION 10.1 Non-Liability of Agenev Officers and Employees. No officer or employee of Agency shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by Agency or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terns of this Agreement. 10.2 Covenant Aeaiust 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 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. Either- party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours fiom the time of mailing if mailed as provided in this Section. 6 Revised:3123I07 5076392 To Agency: Community Redevelopment Agency of the City of Palm Springs Attention: Director of Community and Economic Devclopment/Assistaot Secretary 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: DMC Design Group, Inc. 140 N. Maple, Suite 104 Corona, CA 92880 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 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 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 hereunder. 11.5 Autbori . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement_ [SIGNATURE PAGE SEPARATELY ATTACHED] 7 Revised:3123107 507639.2 IN WITNESS WHEREOF, the patties have executed this Agreement as of the dates stated below- "AGENCY" Community Redevelopment Agency of the City of Palm Springs Date:_ By: David H. Ready, J. Executive Director ATTEST APPROVED B` XLECUTAF��- D'E0TO Ja -'T'hompsan, Assistant Secretary APPROVED AS TO FORM: By: Douglas C. 611and, Agency Counsel I TANT" (DMC D sig Gro Date: By (David M. Cos r, J./E., Principal) Date: t"Zt"= a 03aJ�b') By 7 (Donna McConaughy, Corporate Secretary/Treasurer) 507639.2 8 Revised:3123107 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Callfomi r County of ��n i e // J On o ® before me, CC�Gf�.�� sZ' / AFL Roo Hore Y�Sen mKe uyrryo rril,� personally appeared �J�J ���• 4 i "'� s J// r"„ 4 rtxmalc]m sipnmrq who pawed to me on the basis of satisfactory evidence to be the person(s) whose name(s)jdare subscribed to the within instrument and acknowledged to me that WeMe/they executed the Same in hla4tsnttheir authorized capacity(es), and that by hi~heir signaiure(s)on the instrument the person(s), or the enthy upon behalf of ;..,. C.L.GORDON which the person(s)zcied,executed lh©Instrument O % v ;' COMM.41755943 a t'^, 'cl '; Notary Public-California o 1 tort' under PENALTY OF PERJURY under the laws Riverside County i'-- M Comm.Expires Auo.4,2011 of the Stale of California that the foregoing paragraph is ,rue and correct. WITNESS my hand and ofF>rial seal._ era �ry� Signature L Y[. 'J4w2/ry�� .nUx OP77ONAL Though the informatimrr below is not mqufred by imv,it may proem yaruable ry psrsans mift on fhe dacnrnent and muldPe 1 hauddent mmovat and r-z Achmerrt of fhis form to enothordocument. Description of Attached tgent _ Title orTypa of pocumenl:T yI��� Document Date: ___._. ��f�{/ y'-__-- Number of Pages: 6 Signer(s)Other Than Named Above. Capecliy(ies)Claimed by Signer(s) Sitinees Name: Signer's Name: fdndividuat ❑Individual Corporate officer—Ttle(s): Fl Corporate Officer—Titl CJ Partner—❑Umfted ❑General ❑Partner—❑Limited ❑General © Attorney in Fact - 0 Attorney in Fact El Trustees Tupulthuum Here G Trr1Si['E Tnp�r llvrcy hoN Q Guerdlan or Conservator ❑Guardian or Conservator El Other p Other Signer Is Representing: Signer Is Representing: Nth ' Omurl�Ywltk4ry Anotl�mn�9�Ow Sob M,pQ�^�112•p�eiwrmlt CA BI81324R+•wuunhum,�lYoyryorp Ibm M9eM gmelaeceATd!{.en1-0oPm6EW'] 5076392 9 Revised:S123107 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 10 Revised:3123W 50789 2 DMC Dt rnm Group.hie. " m � Ma lie Centre 170 N. Maale St,Suite: 101 CoroIta, GA 99,880 r, a �ESf�r�^ txc�— (951) S49-8100 ➢ax(951)3.1-9-8102 January 7,2008 Diana Shay,Redevelopment Coordinator City of Palm Springs P.O.Box 2743 Palm Springs,CA 92262-2743 RE Boundary/Topographic NUp Of 1.77 Acre Lot In Pahn Springs,CA(APN 50$051-055) Dear Diana_ Based upon our discussions January 4, 2008, it is my understanding the City of Palm Springs would like a boundary/topographic survey completed and a topographic map prepared for the vacant 1-77 acre triangular parcel located at the southwest comer of Calle Alvarado and Amado Road (APN 508-051-055) in the City of Palm Springs. Based upon this understanding, I offer the following Scope of Services and Fee for your considetatiom Scone of Services Task!Boundary Survey-DMC will establish the boundary between the Triangle Parcel site and the Plaza Villa Condominium development to the west frotn existing monumentation through a legal survey prepared under the direct supervision of a registered Civil Engineer authorized to complete a boundary map (pre-1982) or a registered Surveyor. The results of the survey will be depicted on a plan prepared in AutoCAD 2008, clearly identifying the boundary line. the location of the existing block wall in relation to the boundary line, the pedestrian gate and the location of the existing driveway entrance on Calle Alvarado- Task 2 Topographic Survey - DMC will perfonn a topographic survey of the Triangular Parcel site. The surveys will include all roadway, driveway,sidewalk, ramps and outer public improvements- DMC will meet with appropriate officials from the City of Palm Springs and the County of Riverside To obtain benchmark data, intersection ties and other pertinent data relevant to this project. Task 3 Base Mapping- Utilizing field survey data, DMC will develop project area base maps at I" = 20' (max.) in AutoCAD 2008 on City title block sheets- The limits of the base map shall have the same beginning and ending points as the field survey limits- Fee DMC Design Group,Inc,will complete the services outlined above for the following not to exceed fee: Task 1 Boundary Survey $3,000 Task 2 Topographic Survey $2,000 Task 3 Base Mapping $3,000 Total 58,000 Schedule Upon receiving written authorization to proceed with the work outlined above,DMC will immediately proceed with work The Boundary/fopographic map will be submitted to the City within 15 working days after receiving written authorization to proceed. PU]MCNObY-p6!'IIC.W IF�C[ASLItL•V)nTAUGFL•[Va,tiC a¢�m�Uederyo,l`UWIOf PRUI'OSLL O'CU\'TTu('r(HANfCpriUEP.NU 11Xi(' January 7,2008 Page 2 f would like to thank you For this opportunity. Should you have any questions or concerns regarding the Scope orServices,Fee or Schedule proposed for this work,do not hes;tate to contact me. Sincetel D C DDtr auppc YL r - David Cosper Principal Engineer ATTACHMENTS Schedule of Hourly Rates qm q. DESIGN GRVIP SCHEDULE OF HOURLY BILLING RATES This hourly rate schedule is a part of DMC Design Group's proposal for Professional Engineering Design a,,d Survey Services For The Downtown Trash Enclosure Adjacent to the Parking Structure— RFP 02-08 in Palm Springs,Ca.,as outlined in our October 18, 2007 submittal to the City of Palm Springs and will be used to invoice the City of Palm Springs for monthly progress payments turd extra work incurred for the duration of the project- Or•r1CF PERSONNEI. Expert Wimess/Deoositions ---................... ...... .. ....... .......... ...........................................................S2225/hr LitigationConsultation.................................................................--.......--....................•----.--.......-........... • 5200/hr PrincipalConsultant..........................-----I......------.........1--....................-----.... -----.......................--..................SI75/br ProjectManager...................--...................---—................. . . ..... ........ ........................-..........-----------S 155/hr ProjectEngineer...................-----...-------....................—..........................................................-----......................S130.1hr TraffleEngineer................................................................................................................................. ,........S I I0/hr ElectricalEngineer..........................-......--.............- .............—. .. .......... .......-- •.. ..... . ......................SI 10/hr CARDManager..--- ......--................. ......... ........... ............ ....... ........................--,—.......--........... $I10/hr DesignEngineer.............—.....................................................................---...—-----........................................ $110/1rr CADDOperator.......... .............................. ............----....... ........ ....... ..........--...........--------------------.. S90/hr Traffic Signal Systems Specialist-.......... ............--......... .......-,-.............--............................................. S90/hr UtilityCoordinator............................................................................ . --...................................................... S75/hr Technician..................................................................... ............. ............. .................. ......................... S65/hr WardProcessor.........................----------------...............................................-------........................................--...... S55/hr Clerical.----.......... ........---...—...................................................................................................... .............._ S30/hr Fim.0 PERSDNNEI. SurveyManager............ .......... ......... ........ .......--............ -,......—..,......-•---..........._...........................S 1 10/hr Two-Man Survey Party w/Vehicle& Equipment.............. ............................. ....$195/br Three-Man Survey Party wr Vehicle& Equipment..............................—----- .... ....S225/hr FieldTechnician................ .......... .........• . ......--......... ............ ...........---........---........... ...........-..S60/hr Public Works Inspector.....---.................. .... .......... ......... . .....•---...........- •................S70/hr SLPPORT&MISCELLANF•pI.S COSTS CADDWork Station/Plotter....................------......—.............. ......................................................................................... S25/hr ComputerTime................................... ........................................... ...........---..........---.............—.......... $161hr Electronic Distance Measuring Equipment....................................................................................................- S55/hr SurveyTrucks...............................-----------------....................-----..................................... ............---....--------$0.50/mile OtherVehicles........................................ . ..... _......... ........------.......----.........---................-.............---.....S036/mile NuclearGauge....._......................................... --.........-.--....................-........... ...........-------------------.........-- S75/day Manometer.................. .......—........-------------------.....................---........-------..................................................... S20/day SlopeIndicator................................................................... .. .......----....................................-•.............._ 550/day Other Equipment....................................................... .......................•........--...............................Separate Schedule Outside services,subconsulrants and direct costs beyond those shown in our proposal will billed at cost plus 15%for administration,coordination and handling. Scheduled overtime will be billed at 125%.Terms are net 30 days with 1-5% per month interest charges- The above schedule is for straight time hours. ;y i_h osrGN Gen�e- EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, EiTors and Omissions Coverage, Minirnuna Scope of Insurance, Deductibles and Self Insured Retentions, and Severability of Interests (Separation of Insureds) 597639.2 1 Revised:3/23107 _ Insurance Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to the Agency, public liability and property damage insurance against all claims for injuries against persons or darnages to property resulting from Consultant's performance under 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 extension thereof, and shall not be cancelable without thirty (30) days advance written notice to Agency of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the Agency, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by Agency prior to comanencement 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 Agency, its elected officials, officers, agents, employees, and volunteers_ A. Minimum Scone of Jnsurance. The minimum amount of insurance required hereunder 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 occurrence and two million dollars ($2,000,000) annual aggregate; and, 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. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects Agency and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by Agency 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 only, the insurer shall waive all rights of subrogation and contribution it may have against Agency, its elected officials, officers, employees, agents, and volunteers. B. Errors and Omissions Coverage. 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 12 Revised:3123107 307639 2 4te completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or equivalent coverage with another company, 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. C. Sufficiency of Insurers. Insurance required herein 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 Agency. A. 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 conunences. 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 Pone for the Community Redevelopment Agency of 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: I. "The Community Redevelopment Agency of 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 pei farmed with the Agency"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the Agency may have..." ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the Agency" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of Agency, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the Connnunity Redevelopment Agency of the City of Palm Springs shall be named the certificate holder on the policies. 13 Revised:1123107 507639.2 All certificates of insurance and endorsements are to be received and approved by the Agency before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agentfbroker or insurance underwriter. Failure to obtain the required documents prior to the commencernent of work shall not waive the Consultant's obligation to provide them. E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Agency prior to commencing any work or services under this Agreement. At the option of the Agency, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its elected officials, officers, employees, agents, and volunteers; or, 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. F. 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. 14 Revised.3/23/07 507639.2