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HomeMy WebLinkAbout05538 - PFEIFFER PARTNERS ARCHITECTS INC CONSULTANT FOR RENOVATION OF LIBRARY CENTER DOCUMENT TRACKING Page: 1 Report: One Document Detail February 4, 2008 Condition: Document Numbera5538, Document# Descri tion Approval Date Expiration Date Closed Date A5538 Library Planning Study-term is 30-days 08/20/2007 09/20/2007 Company Name: Pfeiffer Partners Address: Contract Amt. Total Paid Balance Group: ADMINISTRATION $19,800.00 $19,800 00 Service: In File xRef: BARBARA ROBERTS (760) $23-8375 Ins. Status: Certificate and Policies are OK Document Traokinq Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added paid 001 New Document Added 08/20/2007 kdh agr recv'd -Troy signed for CM 08/20/2007 kdh under$25k-CM may auth 08/20/2007 S19,800.00 kdh to Jay for sig 08/20/2007 kdh distrib to Marl Lynn IN FILE 08/20/2007 * * * * " END OF REPORT " * " �QY p�7(ef C9 W C) 1 �` •dg C) CONSULTING SERVICES AGREEMENT Pfeiffer Partners Architects Inc. for Palm Springs Library Planning Study THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this�}Nay of August, 2007, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Pfeiffer Partners Architects Inc. ("Consultant"). RECITALS A. City requires the services of an architectural consulting firm For providing a planning study consisting of a revised concept plan, space planning options, and recommendations for the renovation of the Palm Springs Library Center("Project"). B. Consultant has previously prepared a feasibility study for the renovation of the Palm Springs Library Center. C. City needs to update the feasibility study for the renovation of the Pahn Springs Library Center. D. Based on his prior work for the City, Consultant's representative, Stephen Johnson, ALA, is qualified to provide the necessary services for the Project and City desires to engage Consultant to provide such services. E. City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT I. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide planning study services to City as described in the Scope of Services/Work attached to ibis 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 perforated in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. Irr 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 teens 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. O,ry1�zpt,r,J AL BID P'bE� )/op, ��a Revised 8/08/07 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, mid approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiar& with Work_ By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. 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$19,800. 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 City in the form approved by City'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. City shall pay Consultant for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, 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; S. 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 City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City_ 307639.3 2 Revised WOSM7 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 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 Iimited 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(10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of auy 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 determination shall be final and conclusive upon the parties to this Agreement, 4.4 Terra. 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 three months, commencing on the date entered into, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORT{ 5.1 Representative of Consultant. Stephen Johnson, AIA, is designated and accepted as the representative of Consultant and authorized to act in on behalf of the Consultant with respect to the services and work specified herein and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing representative is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing representative 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 representative may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her designee. 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 City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontractin or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals, employees, and agents, including without limitation the representative designated in Section 5.1 of this Agreement, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part Su]639.3 3 Rem5ed 51MO7 the services required hereunder without the express written approval of City. 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 City_ 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees,perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign Stephen Johnson, AIA, as the individual to perform the services set forth in this Agreement. Consultant shall not alter this assignment without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the ;removal of any personnel assigned by Consultant by providing written notice to Consultant. 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 City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties', from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, 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 City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability hereunder. 50789.3_____._—____...___ ___ _._.__ 4 P.avised 8/08107 8. RECORDS AND REPORTS 8.1 Reports. Consultant 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. 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 frill and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City and shall be delivered to City 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 City 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 City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be. construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of Cali forma. 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 City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must 5 Revised 5/00107 ----------------- be in writing and shall not be a waiver of any other default concerning the same or any other 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 times, 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 Iaw 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. City 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, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services 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 terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation,national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication 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. tither 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 from the time of mailing if mailed as provided in this Section. -- ------5o763'L3------- - 6 ReVlsed a/06/07 To City: City of Palm Springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Pfei Oer Partners Architects;Inc. Attn: Norman Pfeiffer,President 811 West 711, Street Los Angeles, C.A. 90017 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 Severabili!y. 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 Authori . 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 ATTACKED] ry Revised:N23l07 - ----sn7e3e.2--- ----------------------------- -- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: C57 By: 4 p Davihi. head} Cit lvI' a lcr� APPROVED AS TO FORM: ATTEST �Vl B / 13 .Y- y' Dougl s C. Holland, es Thompson, City Attorney City Cleric "CONSULTANT" Pfeiffer Partners Architects,Inc. Date: By: (� e) (president) Date: 42t ( a e) (secretary) APPROVED BY CITY MANAGER �g4Upno rlwvis¢d.8/08107 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 507639 3 - 9 Ruvised 0f08107 FEIFFE Q ���; ` AAGH ITF C,�S hNC areNi!¢Ghlre I,intcwrs•r planning Jul y 16,2007 Ms,Barbara Roberts,Director of Library Services Palm Springs Public Library 300 South Sunrise Way Palm Springs,CA 92262 Re: Palm SpnnysMilo Library--Planning Study for Library Center and JC Building Renovation Pfeiffer Partners Project No.6014.02 VQtE�n r,d5ar,FA1A near Barbara: Je�1 h11vKAatn Pfeiffer Partners is pleased to provide this proposal to explore planning options and provide recommendations for the renovation - wh1wM MM,,V.rva of the existing Library Center and the nearby Jaycee's Assembly and Bridge Hall. Upon approval,we will work v✓ith you over the tam s_a_Fva a n, course of one or two months to develop concepts for the distribution of program elements in the two buildings,using our 2005 MCOILn E=Mn Program Study as a guide,and provide a rough cast model for each project to assist in determining overall project costs and Sh=W..L=5 Mlapt.Y project priorities. A considerable amountof investigation of the existing Library Centerwas done as part cfcur2005 study which we wilt use as a basis for defining systems and engineering needs" Because of the current ownership/tenant issues related to the JC building, we will not have the opportunity to do a comprehensive architeeturaf/engineering review and will need to base our recommendations unprofessional experience and judgment- We propose afee of$19,800 forfhis study which intrudes Pfeiffer Partners'time to develop program/planning options and diagrams,a reviewsession'ivith you,and a presentation of final recommendations. We have included a day's time for our key engineers to reflect on the 2005 report and provide input to the cost estimator regarding a"stand-alone'project(i.e.no expansion)and potential approaches for systems in the JC building. We have included time for the estimator to update the 2005 cost report on fhe existing building renovation to retect today's construction market and an assumed completion date of 2010, Our proposal is based on: Pfeiffer Partners Principal(24hrsx$200lhr) $ 4,800 Associate(32 hrs x$150/hr) $ 4,800 Staff(12hrsx.$f001hr) $ 1200 Subtotal $10,800 Consultants Structural(8hrsx$150/hr) $ 1,200 MEP(12 Ins x$150/hr) $ 1,800 Cost Estimator(26 hrs x$150/hr) S 3,900 Subtotal $ 6,900 Consultant Mark-6(10%admin) $ 690 Subtotal $ 7,590 Expenses pow ttravel,printino efc-) $ 1410 Total $19,800 • 0f'VVFSI PH STREET - lrN FI r10R a I(IS ANr'FI ES (At IFpRTNI gr417 c Q 111.1;742773 v rl 'L13 E95.0927 a w'.3'w ofourq, 4nrr•,ccm 22arri4JRL SINCCr c'.^ii FLpaR NvVv'!L]RI( MI 'Vjm( 1no 19 U 212.625791I e G 212 62L 3303 Ms.Barbara Roberts Page 2 I've looked atths 2005 study and separated out the costs for a'renovation only'project,which define a construction cost for the building renovation and sitework at approximately$6,000,000($160/st). "Soft costs'for newfumishings,technology,fees,and contingencies would add another$2,500,000 for a total of approximately$9,500,000. Given the volatile and dynamic nature of today's construction market,another20%might need fd be added to this figure to reflect changes in the market since 2005 and an extended schedule,bringing the total cost of the full renovation to$10,000,000($266/sf), We will review these costs and the extent of necessary renovation as apart of this study. We understand that the results of this study will be presented to the City Council In September,and we look forward to assisting you in defining a successful project Best regards, �Staphen e F PFFIFFER EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 10 RevIued 8108107 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 City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in fall force and effect during the terra of this Agreement, including any extension thereof, and shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services, The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.- A. Minimum Scope of Insurance. 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 ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($I,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 City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, 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 30639 3 Revised 3106/07 the 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 Agreeement. 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 I{ey Rating of B-1--i-, Class VII, or better,unless otherwise acceptable to the City. D. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of.Palm Springs Contract No._" or 'for any and all workpe7formed with the City"maybe included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or "far any and all work performed with the City" may be included in this statement). 1 "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to"mail and "but failure to mail such notice shall impose. no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. 12 Revised:e108/07 507G37 3 All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. K Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either the insurer shall reduce or criminate such deductibles or self-insured retentions as respects the City, 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. 5076393 13 Revised;W6/07 State of California CALIFORNIA ALL-PURPOSE County of (Y_ -C1 55' CERTIFICATE OF ACKNOWLEDGMENT On n�aU.�T �� r 1" , before me, Tau IV NULL uam (�(� rP I'I In[ed Na Meol o[my Public personally appeared W Y**��omm �` . 1_1 �ra Puu,ed Nanie(.)ul Siyrnu(.) personally known tome -or- K proved to me on the basis of satisfactory Ziden5g: \� form(s)of identirication L L ❑ crediblewltness(es) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. EMEETRA TERRY COWM 01564088 zPYCOMM Notary Public-Caldorma Los Angeles County Ec Ires Mar 25 2005 urr of Nnrary I'ul Ilc (Seal) OPTIONAL INFORMATION Although the rn(ormauon In rhis secr/on 15 nor required bylaw, it could prevent Fraudulent removal and reattachment of this acknowledgmenr ro an unourhorTzed documenr and may prove useful ro pergons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ChP A1VY1( 11A'�jL1 'r ❑nd<hnnrlal sgim_ ;) ] Slgner(s)Thumbprlm(s) n ❑OTher containing I't pages, and dated The signer(s) capacity or authority Is/are as�3 Indwldual(s) Agorney-n-Fact ❑ Corporate offcer(s) - r D Cuardlan/Conservator LI Partner-Llmlled/General ❑ rru.LeL'(S) _ Other represeriCng; Name(.)ul Pu.m,(.I or Cra oypi 1 Bgnrr k,re;cnc nil vCopynght.-uun Ngnry 11c 'g352911,x Des Mahe, IA 503 I2de 12rorm ACkut u)/un T.rr order r,ll roll-freel-a]]-34e-c5ea m n.11 u.on the l,t,r,,t �t http//...TIrnouryshop com