HomeMy WebLinkAbout04828 - ALBERT WEBB ASSOCIATES AD 162 VILLAS PALM SPRINGS TRACT 29077 48 BARISTO TRACT 30941 Page 1 of 1
Kathie Hart
From: Marcus Fuller
Sent: February 27, 2012 11:09 AM
To: Kathie Hart • ,
Subject: RE: A4828 -Albert Webb and Assoc C"
yes
Sincerely,
Marcus L. Fuller, P.E., P.L.S.
Assistant City Engineer/
Assistant Director of Public Works
City of Palm Springs
(760) 323-8253, ext. 8744
www.paimspringsca.gov
Marcus.Fuller@palmsprinesca.eov
From: Kathie Hart
Sent: Monday, February 27, 2012 9:52 AM
To: Marcus Fuller
Subject A4828 -Albert Webb and Assoc
Good Morning Marcus!
Just want to dbl check w/ you.
This agr is for Assessment Eng. Services for ASsessment District 162, Villas in Old Palm Springs
and 48 @ Baristo.
Agr was executed in July 2004. OK - to close, right?
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs 2T(760)323-8206
3200 E Tahquitz Canyon Way 8 (760)322-8332
Palm Springs, CA 92262 ®Kathie.Hart@PalmSprinosCA.gav
Please note that City Nall is open 8 a.m, to 6 p.m.Monday through Thursday,and closed on Fridays at this time.
02/27/12
• Albert A. Webb Associates
Assessment Eng. Services for a
CITY OF PALM SPRINGS AGREEMENT 94828
Public Works and Engineering Department CM signed 7-14-04
CONTRACT SERVICES AGREEMENT FOR -
ASSESSMENT ENGINEER SERVICES FOR ASSESSMENT DISTRICT NO. 162
"VILLAS IN OLD PALM SPRINGS"TRACT 29077 AND "48 @ BARISTO"TRACT 30941
THIS CO TACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this
day of -- , 20 �by and between the CITY OF PALM SPRINGS, a municipal
corporation, (herein Tito) and Albert A Webb Associates, (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 bythis 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 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. Both parties agree to use reasonable care and
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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 in 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 contract amount of Twenty-One
Thousand Two Hundred Forty-Seven and 12/100 Dollars($21,247.12),plus incidental expenses(costs
for reproduction, postage, mileage, fax, and telephone charges) of Five Hundred Dollars ($500.00) for a
total maximum contract amount not to exceed Twenty-One Thousand Seven Hundred Forty-Seven
and 12/100 Dollars ($21,747.12) (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
Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings
reasonably deemed necessary bythe 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(1")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
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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 Cityfor 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:
Paul Thompson, Director of Assessment/Special Tax Services
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
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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 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, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement including any
extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policyof commercial general liability insurance
written on a per occurrence basis with a combined single limit of at least$1,000,000 bodily injury and property
damage including coverages for contractual liability, personal injury, independent contractors, broad form
property damage,products and completed operations.The Commercial General Liability Policy shall name the
City of Palm Springs as additional insured in accordance with standard ISO additional insured endorsement
form CG2010(11 S5) or equivalent language.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an
amount which fully complies with the statutory requirements of the State of California and which includes
$1,000,000 employer's liability.
(c)Business Automobile Insurance.A policyof business automobile liability insurance written
on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily and property damage.
Said policy shall include coverage for owned, non-owned, leased and hired cars.
(d)Additional Insurance.Additional limits and coverages,which may include professional liability
insurance, will be specified in Exhibit"B".
All of the above policies of insurance shall be primary insurance and issued bycom pan ies whose rating
satisfies the requirements in Section 5.4 of this agreement. The insurer shall waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents, and their respective insurers. In
the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or
services under this Agreement shall commence until the Contractor has provided the City with Certificates of
Insurance,endorsements or appropriate insurance binders evidencing the above insurance coverages and said
Certificates of Insurance, endorsements, or binders are approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any
way the extent to which the Contractor may be held responsible for the payment of damages to any persons or
property resulting from the Contractor's activities or the activities of any person or person for which the
Contractor is otherwise responsible.
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In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this
Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to
maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them, and each of them, harmless from any and all actions, suits,
claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities,
(herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of
Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term,
provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active
negligence on the part of the City, its officers,agents or employees but excluding such claims or liabilities arising
from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims
or liabilities and will pay all costs and expenses, including legal costs and attorneys'fees incurred in connection
therewith;
(b) Contractorwill promptly payanyjudgment rendered againstthe City,its officers,agents
or employees for any such claims or liabilities arising out of or in connection with the negligent performance of
orfailure to perform such work,operations or activities of Contractor hereunder;and Contractor agrees to save
and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees are made a party to any action
or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in
connection with the negligent performance of orfailure to perform the work, operation or activities of Contractor
hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and
expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not
limited to, legal costs and attorneys'fees.
5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall
deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City,
which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract
Officer. The bond shall contain the original,notarized signature of an authorized officer of the surety and affixed
thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and
remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly
and faithfully performs all terms and conditions of this Agreement. (Not applicable).
5.4 Sufficiency of Insurer or Suretv. Insurance or bonds required by this Agreement shall
be satisfactory only if issued by companies qualified to do business in California, rated"A"or better in the most
recent edition of Best's Key Rating Guide or in the Federal Register, unless such requirements are waived by
the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager
determines that the work or services to be performed under this Agreement create an increased or decreased
risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the
performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from
the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of
increased coverage by the City Manager to the City Council of Citywithin ten(10)days of receipt of notice from
the City 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
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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
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. 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 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 Releaseof Documents. Thedrawings,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.
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 orwhich are necessaryto compensate Cityfor any losses,costs,liabilities,or damages
suffered by City, and (J)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 maywithhold 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 to deduct or to withhold shall not, however, affect the obligations of the Contractor to
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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 non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or
approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive
or render unnecessary the other party'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 bythe 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 Zero
Dollars($0.00)as liquidated damages for each working 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,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 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 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.
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 anyway 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
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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,byandfor itself, its heirs,
executors,assigns,and all persons claiming under or through them,thatthere 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. Anynotice,demand,request,document,consent,approval,orcommunication
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.
In the case of the Contractor, it should be addressed 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 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.
_8-
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written
above.
CITY OF PALM SPRINGS,
a municipal corporation
�T.TE•S. r
Y_ 21)L_
City Clerk City Manager
APPROVED AS TO FORM:
By:
CONTRACTOR:
Albert A. Webb Associates
(Check one: _Individual_ Partnership x Corporation)
G%%d d C-r,-GC,E' �/'` 'dr,(/ By. /�y� i�•., �' t ,
By: t
Signature(notarized) Signature(notarized)
Name: A. Hubert Webb Name:
1 as
lJ t lam,�C'
J /
Title: Chairman of the Board Title: J vt� ILY
State of California I State of California I
County of gi v rGgr i da_Iss County of Ri.var.Gi de ISs
Onl2/29_beforeme, Margaret Ewing Onl2/24/03beforeme, Margaret Ewing
2003
personally appeared A. Hubert Webb personally appeared Matthew E. Webb
personally known to me (or-proved--to-me-cn-the--basis-of personally known to me (or_proued-to-me-on-the basis-of
satisfactory-eviden'ce)to be the person(6)whose name(&)Ware satisfactory-evidence)to be the persons)whose name(a)is/are
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her./their authorized he/sh0hey executed the same in his/herltheir authorized
capacity(ies), and that by his/herltheir signature(&) on the capacity(ies), and that by his/her/their signatures) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s), or the entity upon behalf of which the
person(s)acted,executed the instrument. person(s)acted,executed the instrument.
WITNESS my"hand and official seal. WITNESS�tj!hand and offirkal seal.
� a
Notary Signature:>, 9 ._ , r Notary Signature:)
Notary Seal , Notary Seal: /
7�ua aS� r_ IiL.�af7Cv'�,�'d'' i �—fArirll.� pr
' k.ommissron�f 73.5�i773 �. Cornrunzion 13547P3¢ " Noteiy Public-California
Fiiaar-ec23 County w ` -r�. ,r•, i,otarx Public-Cailomin �-
Cnsn h 1� 1 '"� T'�ISG.P Ida'C'f7hi'Id
"yS9 ,i!tN06 J 'I Lr ';;"a` i+resrofnm Cug im V1¢ "o51 04160
E%m-lma s Mr
I
-9-
1
EXHIBIT"A"
SCOPE OF SERVICES
The intent of this contract is to provide Assessment Engineer services for the creation of the City of Palm
Springs Assessment District No. 162(Zone 1 "The Villas in Old Palm Springs,"and Zone 2"48 @ Baristo")and
shall provide all services and resources necessary therefor. Contractor shall provide"Preliminary" and "Final"
Engineers Reports to City to assist in the Resolution of Intention and Municipal Bond Sale. The following scope
of services shall be provided:
I. Initial Assessment Engineering
A. Initial Scoping Meeting - Contractor shall meet with City staff and members of the financing team to
establish the assessment district schedule of events, procedural and financial considerations, discuss
the proposed improvements, eligibility of those improvements and any limitations on the funding of
those improvements (i.e. public utilities). Contractor shall discuss and identify the boundaries of the
proposed assessment district, identify the scope of responsibilities and develop a program for public
notification and involvement.
B. Research Property Information-Contractor shall obtain the latest assessor maps and equalized tax roll
on computer tape from the Riverside County Assessor's Office for all parcels within the proposed
assessment district. In addition, obtain information on existing liens and assessments in order to
determine overlapping debt.
C. Computer Database Preparation-Contractor shall prepare a database showing the assessor's parcel
numbers of each parcel within the proposed assessment district,the land use code,the area,the status
of development and assessed values. From this database, a mailing list shall be prepared.
D. Prepare Assessment District Study - Using information gathered for the database preparation,
preliminary cost estimates for the project shall be prepared. The project cost shall be based on the
preliminary engineering design,and will result in an estimate for the total amount to bond for the project.
The total amount to bond for the project shall include construction, any acquisition costs, construction
contingencies, incidental expenses including assessment engineering costs, bond counsel costs,
construction surveying and staking,plan checking,construction inspection,design engineering,and any
other costs eligible and incidental to the construction of the project.Also included will be any financing
costs associated with the bond discount.Consultation shall occurwith the bond counsel and underwriter
for recommendations on the assessment district from a legal and financial perspective.
E. Prepare Boundary Map-A boundary map shall be prepared for the assessment district depicting the
boundary that includes all parcels that benefit from the proposed improvements.
II. Assessment District Formation
A. Coordination of the Adoption of Resolutions Initiatingthe Proceedings-Coordination with Citystaff shall
occur to implement the following actions by the City Council after Bond Counsel prepared the necessary
Resolution. These will include the following: declaration of intent to construct the improvements;
appointment of the engineer of work, Bond Counsel, Underwriter,and any other necessary consultants
for the formation of the district; authorize Assessment Engineer (Contractor) to prepare Engineer's
Report.
B. Prepare Preliminary Engineer's Report - A preliminary Engineer's Report shall be prepared which
contains all items as required by code, including a description of the proposed improvements, and an
engineer's estimate of the construction costs and incidental expenses. These costs will be based on
the preliminary cost information provided by the City and developer/land owner. Also included will be
a narrative description of the spread methodology including assumptions behind the determination of
benefits, the assessment roll including the assessor's parcel number, owner's name, and total
assessment amount, occurring after the confirmation of the assessment district.
-10-
EXHIBIT"A"
SCOPE OF SERVICES
C. Coordinate City Reviews - The Assessment Engineer (Contractor) shall submit the Preliminary
Engineer's Report to the City Clerk priorto the adoption of the Resolution of Intention(ROI)and conduct
workshop meetings with City staff and developer/land owner to discuss possible report revisions after
staff review.
D. Coordination of the Adoption of the Resolution of Intention - The Assessment Engineer (Contractor)
shall coordinate the approval of the Preliminary Engineer's Report as submitted or with any
recommended staff modifications and help establish a time and place for the Public Meeting and Public
Hearing to be conducted by the City Council as required by code.
E. Coordination of Disclosure Period - After the City Council adopts the Resolution of Intention, the
Assessment Engineer (Contractor) shall prepare and mail ballots pursuant to Proposition 218 to all
property owners within the proposed assessment district by first class mail. The ballots will contain the
assessor's parcel number,the owner's name,mailing address,site address,breakdown of assessment
by type of improvement, proposed assessment(lien amount), and the explanation of benefit required
by Proposition 218. The City shall be provided with a bound copy of all required notices to be mailed
and assistance shall be provided to the City for the correction of any wrong addresses and changed
owners to maximize the disclosure process. The Assessment Engineer (Contractor) shall also
coordinate with City staff to arrange for the publication of the Resolution of Intention in the local
newspaper. After the Resolution of Intention is adopted, the Assessment Engineer(Contractor)shall
record the boundary map with the Riverside County Recorder. The Assessment Engineer(Contractor)
shall prepare and submit the final Engineer's Report to the Citywith any revisions as directed by the City
Council.
F. Participate in Public Hearings-The Assessment Engineer(Contractor)shall attend all Public Hearings
and shall be prepared to give a presentation on the contents of the Engineer's Report describing the
proposed improvements,explaining the assessment spread methodology and answering any questions
asked by the City Council or public at large. At the second Public Hearing, the Assessment Engineer
(Contractor) shall also tabulate all oral and written protests and report the percentage of protests
received by the City Council. The Assessment Engineer(Contractor)shall also address the inclusion
of any amendments ordered by the City Council as a result of the Public Hearing.
III. Post Formation Proceedings
A. Record Assessment Diagrams - The Assessment Engineer (Contractor) shall coordinate the
recordation of the Assessment Diagrams,Assessment Roll,and Notice of Assessment with the County
Recorder as prescribed by code.
B. Mail Pre-Payment Notices-The Assessment Engineer(Contractor)shall mail the Pre-Payment Notices
to the property owners with the pre-payment terms and amounts stipulated as part of the 30 day cash
collection period. The Assessment Engineer (Contractor) shall also be available to answer any
questions from property owners during the 30 day cash collection period. The Assessment Engineer
(Contractor) shall also be available to answer any questions from property owners during the 30 day
cash collection period.The Assessment Engineer(Contractor)shall also keep a log of all pre-payments
received by the City, with the City providing that information to the Assessment Engineer(Contractor).
At the end of the 30 day cash collection period, a paid/unpaid list shall be prepared by the Assessment
Engineer(Contractor)and submitted to the City Treasurer.
C. Review Preliminary Official Statement - The Assessment Engineer (Contractor) shall assist in the
preparation and review of the Official Statement Document prepared by the underwriter for accuracy
of content as it relates to the assessment district properties, spread methodology, and as it relates to
the total amount of bond and the engineer's estimate of cost and expenses included in the final
Engineer's Report.
-11-
0
EXHIBIT"C"
SCHEDULE OF COMPENSATION
Full compensation for required services included in this contract shall be made on a time and material basis,
in accordance with the following hourly Fee Schedule,for an amount not to exceed$21,247.12. Contractor shall
submit invoices,no more than once monthly, providing the City with a summary of services provided, personnel
associated with the services provided,the associated hourly compensation in accordance with the attached Fee
Schedule, and the total invoice amount.
In addition to compensation for required services, Contractor shall be entitled to reimbursement for incidental
expenses at the Contractor's cost plus 15%, for a total reimbursable amount not to exceed $500.00. Invoices
for reimbursement of incidental expenses shall included copies of receipts or other documentation evidencing
payment of incidental expenses related to services required by this contract.
Compensation for services and reimbursable expenses shall not exceed the total contract amount of
$21,747.12.
-13-
s •
EXHIBIT"C"
A L B E R T A. SCHEDULE OF COMPENSATION
WEBB
ASSOCIATES FEE SCHEDULE
ENGINEERING CONSULTANTS
RATES
CLASSIFICATION /HOUR
Engineering Services
PrincipalEngineer....................................................................................................... . ....... .... 142.00
SeniorEngineer ............. ............. ................ ...... ..................................................................... 130.00
ProjectManager........... .......... ......................... .. ............. ...................................................... 115.00
- Assistant Project Manager. ........... ........... . ....................................................................... ..... 88.00
Engineer.................................... ...................................................................................... ......... 105.00
AssociateEngineer................................................... ..................................... ............................ 86.00
SeniorDesigner... .......... .. ......... . ........... .............. ............................................................... 82.00
Designer............... . ........... .......................... ............. ............................................................. 75.00
SenorCADD Operator....................................................................................................... ....... 65.00
CADDOperator........................................ ................................................................................. 52.00
Environmental Services
Principal Environmental Specialist .............................. . ........................................................... 120.00
Senior Environmental Specialist ...................... .................................................... ..................... 106.00
Environmental Specialist .................................... .......... ............................................................ 94.00
Associate Environmental Specialist.. ....... .............................. .. ............. .................................. 82.00
Environmental Coordinator... ............ .. ......... . . .......... . ...................................................... 66.00
Assessment/Special Tax Services
PrincipalAssociate ..... ................................................... ..................................... ..................... 134.00
SeniorAssociate........ . ........ ........... .......... . .. . ........... ....................................... .................. 118.00
Associate ........... . ..................................... .............. ........................................... .................... 100.00
Analyst.. . .............. ......................................... ............... ................................................. ....... 84.00
AssistantAnalyst. ............. .......... .............. ............... ............................................................. 75.00
Survey/Insnection Services
3-Man Survey Party and Equipment................. ... .. ....... . ......... . ......................... ........ ...... 211.00
2-Man Survey Party acid Equipment . ...- . .............. . ............................................................... 185.00
1-Man Survey Party and Equipment .............. . .................................................................. ...... 113.00
Construction Manager ........... ............................................................................ ........... ........ 125.00
Inspector .................... . .......... .............. ................ ........ . ........... . ....................... ........ . . .. 80.00
Survey/Inspector vehicle ............. ............... ........... ..... .. . .. ............. ................................... .60 Per Mile
Support Services
Information Systems Consultant...... ................................................................... ........... .. ....... 7800
Project Coordinator...... .. ........... . .......... ............... ......... .. ....... .. .............. .. ........... ....... . 75.00
Administrative Assistant ......... ............. ............... . ........ . .........-............. ............................. 60.00
WordProcessor........... ....... . . ............ ............ . ........ .......... . .. ............. ............ ............... 40.00
Clerical .......... .......... . ........ . ........... .. ....... ......... . ....................................................... 28.00
Outside Services
Special Consultants and Purchased Services .................. ... ...... .. .............................. ..... Cost Plus 15%
Miscellaneous
Incidental Expenses. . . .......... ... .......... . ...... . . . ..... . .......... .. ............ . ............ ........ Cost
Postage and Telephone...... ........... .. ......... ............ ........... . ....................... ............. ..... Cost
Prints,Copies,Delivery Charges ..... .. .......... ......... .. ...... ....... . .......... ........... .... ...... Cost
Travel&Subsistence ........... . . . ......... . ........ ......... ....... .. ............... ........... . .......... . Cost
Mileage..... .......... .. ......... .. . . . ........ . ......... ....... . . .... ........................... ... ........ .. .... 50 Per Mile
ComputerTime.......... .............. . .. . ...................... ........ . . ..... . .............. .......... .. ........ . .... 16.00/Hou
GISLicense Fee. . . ... ........... . . ....... . ..................... ....... ............. .......... ........... ... 30.00/Hour
Expert Witness Testimony and Preparation..... ............ ........ ........ ................ ....................... 325.00/Hour
-14-
EXHIBIT"D"
SCHEDULE OF PERFORMANCE
Contractorshall complete the"Preliminary Engineers Report'within 30 calendar days of Notice to Proceed from
City and prior to the submittal of the Resolution of Intention to City Council to form Assessment District No. 162.
(Resolution of Intention is estimated for July 21, 2004).Contractor shall submit"Final Engineers Report'to City
upon completion of Final Reports from the Real Estate Appraiser and Market Absorption Analyst(no later than
September 15, 2004) and prior to Municipal Bond Sale tentatively scheduled for November 2004.
-15-
07/07/04 WED 00:49 FAX 10007
e�
A. SECTION V- DEF NITIONS, 14.Personaf 19, Medical Payments
and Advertising Injury, item h. is added ae,
follows; Unless COVERAGE C MEDICAL PA.
MENTS, or the products-completed operatic
h. Discrimination. i hazard has been excluded from this policy the fc
lowing applies:
B• SECTION V - DEFINITIONS, item 23, i§
added as follows: A. SECTION I- COVERAGES, COVERAC
C MEDICAL PAYMENTS, 2. Exclusion
23. Discrimination means the unlawful treat•:, item L, is replawd by the following:
crent of individuals based on race, color„
religion, gender, age, or national origin. f. Products-Completed Operations Kazan
C. SECTION I - COVERAGES, COVERAGE] Included within the pradocts completF
B PERSONAL AND ADVERTISING IN operations hazard. However, this etch
JURY LIABILITY, 2. Exclusions, the fol-! sion does not apply to expenses for dm
lowing are added: tal sersiccs.
o. Discrimination directly or indirectly rc-i B. SECTION I - COVERAGES, COVERAC
lated to the past employment, employ-; C MEDICAL PAYMENTS, is amended
meat or prospective employment of any] include item 3.as follows:
person or class of persons by any insured;°
3. Limit of Insurance
P. Discrimination directly or indirectly re-+
latcd to the sale, rtrrtal, ]ease or sublease; The Medical Expense Limit of iasor-aru
or prospective sale, rental, least, or sub-i shall be the greater of:
lease of any dwelling,permanent lodging,,;
or premises by or at the direction of anyp a. S10,000 Any One Person; or
insured;
g b. The amount shown in the Declar,
q. Discrimination, if insurance thereof isc tions.
prohibited by law; or
COVERAGE C MEDICAL PA,
r. Fines, penalties, specific performance, or; AIENTS Insurance is primary and doc
injunctions levied or imposed by a gov-, not contribute with any other insuranc
crnmental entity, governmental code,; even if that other insurance is primar
law, or statute, because of discrimination. also.
e
4
O
m
a
a
W
U
C0715r 10-01 Page 6 of
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07/07/04 WED 09:47 FAX f(3J 002
• •
MultiCover - CG 7158 10 01
Policy Amendment(s) CoumitrcW General Liability Coverage Dorm
Your Commercial General Liability Coverage Form is that occurred before you acquired
revised as f011oWs: or formed the organization; and
1. Broadened Named Insured (1) Coverage B does not apply to
personal and advertising injury ads-
A. SECTION II - WHO IS AN INSURED, iug out of an offense committed be-
item 4.,is replaced by the following: fore you acquirod or formed the
organization.
4. Any organization you own at the incep-
tion of this policy, or newly acquire or B. SECTION U - WHO IS AN INSURED,the
form during the policy period, and over last paragraph,is replaced by the following:
which you maintain during the policy No person or organization is an insured with
period majority ownership or rnajonty respect to the conduct of any current or past
interest, will qualify as a Named Insured partnership, joint venture, or limited liability
company, that is not shown as a Named In-
cured in the Declarations. However,this does
a. There is no other similar insurance not apply to a limited liability company,that
available to that orgardzatioa; and meets all of the conditions in Section II -
b. The first Named lasurcd shown in Who Is An lusnred,itcns 4., above.
the Declarations has the respoasi- 2. Additional Insured- Blanket `
bility of placing insuran= on that E `
orgauization; and SECTION II-WHO IS AN INSURED,item 2 e.
is added as follows:
c, That organization is incorporated or e. Any person or organization that you and such
organized under the laws of the person or organization have agreed in writing
United States of America, in as insured contract that such person or or-
However. gaaizafion be added as an insured under this
policy. With respect to the insurance afforded
(1) Coverage under this provision 4 is to such insured, all of the following additional
afforded Only uutA the next occur- provisions appir.
ring 12 month armiversary of the (1) Such person or organization is an insured
beginning of the policy period but only with respect to their liability
shown in the Declarations, or the arising out of
-
is of the policy period, whichever
is earlier;and (a) Their ownership, maintenance, or
use of that part of the premises, or
(2) Coverage A does not apply to land owned by, rented to, or leased
bodily injury or property damage to you; and
Thi<Form mutt be auached to Change Hndorsemeot When issued after thejpolicy is written.
One of the Fimman's Fmi tosuraacc Cempardm at named in the policy
,
Secretary President
C071EE tool page 1 of 6
07/07/04 WED 09:47 FAX OOa
(b) Your ongoing operations performcdj (a) The preparing, approving, or failin
for that insured; and to prepare or approve, maps, she
c Their financial control of you; and drnw¢rga, opinions, reports, survey
( ) Y field orders, change orders,
(d) The maintenance, operation or use drawings and specifications; and
by you of equipment leased to you,, (b) Supervisory, inspection, architer
by such person or organization, ands tural,or engineering activities.
provided such liability does not aria,
out of the sole neeligenee of such, However, if an Additional Insured endorsf
person or organization; and ment is attached to ibis policy that speacall
e rations performed b names a person or organization as an insure)
{ ) Operations p y you or of then this subsection 2.e, does not apply
your behalf and for which such state that person or organization.
or political subdivision has issued q
permit,provided such operations arc 3. Additional Insured- Vendors-Blanket
not performed for such state or poly
itical subdivision. Unless the products completed operzliuns baza
-- is excluded from this policy,SECTION Il-WH
(2) This insurance does not apply to anyo IS AN INSURED, itom 21 is added as follows:
bodily injury, lwopwy damage, persona)
and advertising injury, occurrence, or of+ £ .Any vendor of yours but only with respect
Tense: bodily injury or property damage arising o
of your products which are manufactured
(a) Which took place before the exec whole or in part in the United States (inclu
cution of, or subsequent to tho ing its territories and possessions). P=
x completion or expiration of, the Rico and Canada, and which are distribut
written insured contract; or sold in the regular course of the vendu
business, subject to the following additior
(b) Which takes place after you cease tip exclusions:
be a tenant in that premises;
(e) Which takes place after all work W- (I) not apply trtoce afforded the vendor do
eluding materials, parts or equip-
ment furnished in Connection with (a) 'Bodily injury or property damage:
such work to be performed by or dtr which the Vendor is obligated to l
behalf of the additional insured at damages by reason of the assurr
the site of the covered operations tion of liability in a contract
has been completed; or agreement. This exclusion does
apply to liability for damages t
(d) Which takes place after that portion the vendor would have in the
of your worst out of which too injtLy scree of the contract or agitemen
or damage arises has been put to ks
a intended use by any person or cr- (b) Any express warranty unauthor'
ganization other than another con- by you;
tractor or subcontractor engaged in
performing operations for a prinai- (e) Any physical or chemical cbeage
Pat as part of the same project, the product made intentionally
the vendor;
a (3) With respect to architects, engineers, by
;— surveyors, coverage does not apply �o (d) Repackaging,unless unpacked so
bod'dy injury, property damage, for for the purpose of inspection, d:
w personal and advertising injury arising out oustration, testing, or the sut
of the rending of or the failure to reader tution of parts under instructi
N any professional services by or for you from the manufacturer, and then
including: packaged in the original contain.
m ee715etsmi page 2
N
m i
07/07/04 WED 09:48 FAX 10004
(e) Any, failure to make such in- organization named in such insured
spections, adjustments, tests or ser- contract, because of payments we make
vicing as the vendor has agreed to for injury or damage an, 'ME out of your
make or normally undertakes to operations or your work for that person
make in the usual course of bush or organization.
ness, in connection wiflr the distnlb-
ution or sale of the.products; S. (,12neellation - 120 Days
(f) Demonstration, installation, servic- Common Policy Conditions endorsement IL0017,
ing or repair operations, except such 4. Cancellation, item 2.b. is replaced by the fol-
operations performed at the vendor's lowing;
premises in connection with the sale b. 120 days before the effective date of can-
of the product; or
ccllatioa if we cancel for any other rea-
(g) Products which, after distribution son
or sale by you,have been labeled or 6, Liberalization
relabeled or used as a container,part
or ingredient of auy other thing err SECTION IV - COMMERCIAL GENERAL
substance by or for the vendor. IIABILITY CONDITIONS, the following is ad-
(2) This insurance does not apply to any in- elect:
sored person or organization from whom Mberalization
you have acquired such products or any
ingredient, part or container, entering It we adopt a change in our forms or rules which
into, accompanying or containing such cpoukl broaden the coverage provided by any form
products. that is a part of this policy without an extra pro-
ilium charge, the broader coverage wt71 apply to
However, if an Additional Insured - Vendors this policy. This extension is effective upon the
endorsement is attached to this policy that Tproval of such broader coverage in your state.
specifically names a person or organization as
an insurtd,'then this subsection f. does not 7. Are, Explosion and Sprinkler Leakage Legal Li-
apply to that person or organization. aMty Coverage
EKW4, Waiver of Subrogation - Blanket t�. SECTION I - COVERAGES, COVERAGE
ai A BODILY INJURY AND PROPERTY
SECTION IV - COMMERCIAL GENERAL DAMAGE LIABILITY, 2. Exclusions, the
LIABILITY CONDITIONS, item 8., is replaced last paragraph, is replaced by the following:
by the following:
Exdvsiatus c. through n. do not apply to
8. Transfer of Rights of Recovery Against Oth• damage by fire, explosion, sprinkler leakage,
crs to Us and Blanket Waiver of Subrogation or lightning to premises while:
a. If the insured has rights to recover all or 1. Rested to you;
part of any payment we have made under 2, Temporarily occupied by you with the
this Coverage Part, those rights are permission of the owner; or
transferred to us. The insured must do
nothing after the loss to impair those 3. Managed by you under a written agce-
rights. At our request, the insured will meat with the owner.
bring suit or transfer those rights to us
and help us enforce them. A separate limit of insurance applies to this
coverage as described in Section III -LIMITS
b. If required by a written insured contract OF INSURANCE.
executed prior to the occurrence or of-
fence, we waive any right of recovery we 13, SECTION III - LIMITS OF INSURANCE,
may have against any person or item E, is replaced by the following:
ruts¢inert Page 3 of 6
07/07/04 WED 09:48 FAX 12100:
6. Subject to 5.above,the most we will pay DAMAGE LIABILITY, 2, Exclusions, item
_ under Coverage A for all damages bzy, Aircraft, Auto Or Watercraft, item (2), is replace
_ cause of property damage to any onri by the following:
Premises, while rented to you, or in the
case of damage by fire, explosion, sprin�; (2) A watercraft you do not own that is:
kher leakage or lightning while rented to
you, temporarily occupied by you with, (a) Less than 51 feet long; and
AM= the permission of the owner, or managed (b) Not being used for public tramportstic
by you tinder a written agreement with, or as a common carrier;
the owner,is the greater of:
1. $1,000,000 Any One Premises; or 9. Chartered Aircraft
2. The Damage. To Premises Rented! SECTION I- - COVERAGES, COVERAGE
to You Limit shown in the Dccla-? BODILY INJURY AND PROPERTY DAN
AGE LIABILITY, 2. Exclusions, g.Aircraft Au
rations. Or Watercraft,item(6), is added as follows:
C. SECTION IV - COMMERCIAL GEN4 (6) An aircraft in which you have no ❑w❑ersb
ERAL LIABILITY CONDITIONS, 4.? interest and that you have chattered wi
Other Insurance, b. Excess insurance, (1): crew.
items (b) and (c), are replaced by the fplh]w-
Wig: 10. Coverage Territory-Broadened
(b) That is Fire, Explosion, Sprinkler Leaky SECTION V - DEFINITIONS, item 4.a., is r
age or Lightning insurance for premisef: placed by the following.
wbiie rented to you, temporarily occu-
pied by you with permission of the,, a. The. United States of America (including i
owner, or managed by you under a writ territories and possccsions), Puerto Rica, C
ten agreement with the owner; nada, ,Bermuda, the Bahamas, The Cayma
Jslands and the British Virgin Islands;
(c) That is insurance purchased by you to
H cover your liability as a tenant fori 11, Personal and Advertising Injury - Contractual
w property damage to premises rented to"
you, temporarily occupied by you with Unless personal and advertising injury is exclude
the permission of the owner, or managed from this policy the following applies:
by you under a written agreement with, SECTION I - COVERAGES, COVERAGE
the owner, or 2 Exclusions, item c., is dcletcd.
D. SECTION V - DEFINITIONS, 9. Insuredd, I2. Fellow Employee Coverage
Contract,item a.,is replaced by the following
a, A wntxact for a lease of premises: SECTION II - WHO IS AN INSURED, 2.
item[I)is replaced by the following:
however,that portion of the contract for
a ]ease,of premises that indcsnnifcs any (1) Personal and advertising injury:
person or Organization for damage by.
fire, explosion, sprinkler leakage, or. However, subparts (a), (b), (c) and (d) of item
ligIrwing to premises while rented to you,= remain unchanged,
tetuporanly occupied by you with per-
m mission of the owner,or managed by you; 13, Bodily Injury Definition - Broadened
under a written agreement with the
a owncr,is not an insured contract; SECTION V - DEFINITIONS, 3. Bodily Inju'
is replaced by the following:
a D. Nun-Owned or Chartered Watercrart
3. Bodily injury means bodily injury, sickness
w SECTION I - COVERAGES, COVERAGE A disease sustained by a person including dea
BODILY INJURY AND PROPERTY; or mental anguish resulting from any of the
CG7159 10-01 Page 4 of
N
07/07/04 WED 09:49 FAX Q 00t
at any time. Mental anguish means nary type iB. SECTION V - DEFINITIONS, item 23. is
of mental or emotional illness or disease. added as follows:
14. Unintentional Failnre to Disclose Hazards 23. Location means premises involving the
same or connecting lots, or premises
SECTION N - COMMERCIAL GENERAL whose connection is interrupted only by
LIABILITY CONDITIONS,item 6. Representa- a street, roadway, waterway or right-of-
tions,the following is added: way of a railroad,
d. If you unintentionally fall to disclose any ha- 17. ?Duties in the Event of an occurrence, Offense,
zards existing At the inception date of this ?Claim or Snit- Amended
policy, we will tact deny coverage under this ;SECTION IV - COMMERCIAL GENERAL
Coverage Pert because of such faitr Bowe ;LIABILITY CONDITIONS, items 2.a, and 2.b.,
ever, this provision does not affect our right ire replaced by the following
to collect additional premium or exercise our
right of cancellation or non-renewal. ia. You must see to it that we or any licens d
15. Supplementary Payments- Ina reared Limits agent of ours are notified of an occurrence or
an offense which may result in a claim, as
SECTION I - COVERAGES, SUPPLEMEN- soon as practicable after it becomes known to:
TARY PAYMENTS - COVERAGES A AND (1) You, if you are an individual;
B, items l.b. and I.d., are replaced by the follow-
ing (2) Your partner or member, if you are a
partnership or joint venture;
b. The cost of bail bonds required because of
accidents or traffic law violations arising out (3) Your member,if you are a limited llabsl-
of the use of any vehicle to which the Bodily ity company;
Injury Liability Coverage applies, We do not
have 0 firmislt these bonds. (4) Your executive officer if you are an or-
ganization other than a partnership,joint
& All reasonable cxpcascs incutred by the in- venture or limited liability company; or
sured at our request to assist us in the inves-
(5) Your authorized representative or insr>r-
tigation or defense of the claim or suit,
including substantiated loss of earnings up to once managers.
4500 a day because of timc off from work. Knowledge of an occurrence or offense by
persons other than those listed above, does
16. Per Location General Aggregate (Other Than not imply that those. listed above also have
Personal and Advertising Injury) such knowledge.
A, SECTION III - LIMITS OF INSURANCE, lb. To the extent possible,notice should include:
Item 2., is amended to include the following
as the last paragraph: (1) ]low, when and where the occnrrence or
offense took place;and
However, the General Aggregate Limit rlp-
(2) Th
plies separately to each location owned by e names and addresses of any injured
you, rented to you, or occupied by you with persons sad witocsscs;and
the permission of the owner,with respect to: (3) The nature and location of any injury or
a. Medical expenses under Coverage C;and damage arising out of the occurrence or
offense.
b. Damages under Coverage A except dam- 19. ,Non Employment Discrimination Liability
ages because of bodily injury or property
damage included in the products-eom- ,Unless personal and advertising injury is excluded
plated operations hazard, ifmm this policy the following applies:
C0715110.01 Page 5 of 6
i
�.r
ACORDM CERTIFICAIWOF LIABILITY INSURLAL E.., o6/T.E3%zoo4
PRODUCER Monica Keehfuss THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATR
Talbot Ins L Fin Srvcs, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND
4371 Latham Street Suite 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO
PO Box 5345 COMPANIES AFFORDING COVERAGE
Riverside, CA 92501 COMPANY American Insurance Company
909-788-8500 909-788-2994 /�� A
INSURED
Albert A. Webb Associates ^�. COMPANY
�adQ � B
3788 Mccray St. COMPANY
C c
Riverside CA 92506
COMPANY
D
COVERAGES ..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOC
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIF
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,
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
ITS DATE WM/DD/Y19 DATE(MMIDDIYYI
A GENERAL LIABILITY MXX80824193 02/01/2004 02/01/2005 GENERAL AGGREGATE s2, 000, 00
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG s 2, 000, 00
CLAIMS MADE 21 OCCUR PERSONAL&ADV INJURY $ 1, 000, 00
X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1, 000, 001
FIRE DAMAGE(Any one fuel $ 100, 000
MED EXP/Any one persoN s 5, 000
A AUTOMOBILE LIABILITY MXX80824193 02/01/2004 02/01/2005
COMBINED SINGLE OMIT $ 1, 000, OOI
X ANY AUTO
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS /Par,PersoN
X HIRED AUTOS
BODILY INJURY 5
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE 5
GARAGE LIABILITY AUTO ONLY EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT 5
AGGREGATE s
EXCESS LIABILITY EACH OCCURRENCE 5
UMBRELLA FORM AGGREGATE 5
OTHER THAN UMBRELLA FORM $
WORK EHIS COM PENS ATIOIJ AN WC 11ATU- OTH-
TOR'
'MT
S ER
EMPLOYERS'LIABILITY
EL EACH ACCIDENT 5
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $
PARTNERAEXECUTIVE
OFFICERS ARE. EXCL EL DISEASE-EA EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
The Certificate Holder 1a an Additional Insured with respects to General Liability per Multi Cover CG 71 58 10 01
attached.
RE: ASsesesment Eng Services For Assessment District 162 Villas In Old Ps Tr 29
Agreement: An828
CERTIFICATE HOLDER.. . .. . .. CANCELLATION, .' ..
City Of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Office Of the City Clerk EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
P.O. BOX 2743 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
3T-days notice for non-payment
Palm Springs, Ca. 92263 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Attn: Patricia A. Sanders OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Aeon) 25-$ 17/551 0ACORO G£IRPORATION,79
@ds#1534717 WEHHA
CONTRACT ABSTRACT
Contract
Company Name: Albert A. Webb & Associates
Company Contact: Merle Schulze
Summary of Services: Assessment Engineering Services for AD#162
Contract Price: $24;5108
Funding Source: 160-4505-43200
Contract Tern: One Year
Contract Administration
Lead Department: Public Works & Engineering
Contract Administrator: David Barakian /Marcus Fuller
Contract Approvals
To Be Approved by City Manager
Agency Approval Date:
*.P . O..J_.. 1 IULL w ____1___..
1VllllULG �7t\CSOILCLID' n/a
Agreement Number: TBA by Clerk Q ^�
Contract Compliance
Exhibits:
Signatures:
Insurance:
Bonds:
Contract prepared by:
Submitted on: By: