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HomeMy WebLinkAbout00469C - DAVID EVANS ASSOCIATES VISITORS CENTER SEWER LINE EXTENSION CP03-09 a "r'r+,�Q;Kw_ Cb ] Y' Y�LQJYC�rn'i f�diet�y;.� i.i.� � C tip/gyp p, )J ,,a ' City of Palm Springs Y�i���u � � Department of Public Works and Engineering A°re.eni¢u.� Y 3200 E. Tahqu6z Canyon Way • Palm Springs, California 92262 i ,. l`1J a4F'' Tel: (760) 323-8253 • Pas. (760) 322-8360 • Web- wwwci.palm-spriugs.ca.us August 8, 2005 Via Facsimile: (760) 772-7794 Mr. David Kelley David Evans and Associates, Inc. 77-682 Country Club Drive, Suite F2 Palm Desert, CA 92211 I Re: Palm Springs Visitors Center Sewer Line Extension, City Project 03-09 Termination of Agreement I Dear Mr. Kelley: j In light of the fact that recent development activities within the City's northwestern area, and a request to have the unincorporated area of Riverside County near"Windy Point" provided with sewer service, with plans being prepared by others and reviewed and approved by Desert Water Agency, it is no longer necessary for the City of Palm Springs Redevelopment Agency to continue with this project. l In accordance with Section 7.8 of the Contract Services Agreement(Agreement No. 469C) approved by the Redevelopment Agency on October 1, 2003, (Resolution 1231),this letter shall service as notice that this agreement is terminated. Further services are no longer necessary. Although your firm is entitled to recover costs for services rendered through the date of this letter, the last submittal from DEA to the City was January 6, 2005, for the 65% PS&E package. An invoice for this submittal was issued to the City on January 14, 2005 (Inv. #162057) for payment of 100% of the 65% submittal of the sewer plans, lift station plans, and electrical design, for a total invoice of $11,716.25 This invoice was paid by the City on July 8,2005, leaving a contract balance of$21,580.25. There should be no further services rendered,nor payment required,as the 65%submittal package has been with the City for review and comment; however, if there were additional services rendered up to the date of this letter, please provide me specific information as to what services were rendered and the I amount, in accordance with the contract. Finally, in accordance with Section 6.3 of the Agreement, please forward all documents and materials representing the 65% submittal of this project(sewer plans, lift station plans, and electrical design) in digital format (AutoCad) and project specifications in digital format (Microsoft Word), as well as any technical, structural or other calculations and materials used in the design of the 65% PS&E submittal. We thank you for your services and appreciate your understanding of our early termination af9thi6= agreement. If you have any questions, I can be reached at (760) 323-8253, extension 874 Sincerely, -?i: c:', Marcus L. Fuller, P.E., P.L.S. Assistant Director of Public Works/ C3 = Assistant City Engineer ` cc Joh Raymond, DiteenEconomic r of Public Workalmums/De Engineer John ftaymontl,Economic and Community Development Director Jay Thompson,City Clent CP03-09 Ole Post Office Box 2743 0 Palm Springs, California 92263-2743 David Evans & Assoc Civil Eng Design Services FIRST AMENDMENT TO CONTRACT SERVICES AGREED AGREEMENT #469C Amend WITH DAVID EVANS AND ASSOCIATES, INC. R1247, 5-5-04 CIVIL ENGINEERING DESIGN SERVICES - - CITY PROJECT NO. 03-09 The following articles of Agreement No. 469C are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Sixty-Eight Thousand Five Hundred Eighty Dollars ($68,580.00). EXHIBIT A is deleted and replaced with the attached Exhibit "A". EXHIBIT C is deleted and replaced with the attached Exhibit "C". EXHIBIT D is deleted and replaced with the attached Exhibit "D". rUZI,,�1h EXHIBIT "A" SCOPE OF SERVICES General Scope. The intent of this contract is to provide the Agency with civil engineering design services to accomplish preparation of plans,specifications and estimates(PS&E)for extension of sanitary sewer service to the Palm Springs Visitor's Center located at the northwest corner of North Palm Canyon Drive (State Highway 111) and Tramway Road. Extension of the existing 12-inch diameter sanitary sewer main at the intersection of Junipero Road and San Marco Way shall be made along an alignment that extends easterly approximately 375 feet along San Marco Way to North Palm Canyon Drive(State Highway 111),and northerly approximately 1,350 feet along North Palm Canyon Drive(State Highway 111)to the Palm Springs Visitor's Center. The Scope of Services as detailed herein shall provide the Agency with a comprehensive set of civil engineering PS&E with which to facilitate future construction of the proposed sanitary sewer main extension. Additionally, the Agency shall be provided with civil engineering design services to accomplish preparation of PS&E for construction of a wastewater lift station located on the north side of W. San Marco Way between N. Junipero Avenue and N. Palm Canyon Drive. The wastewater lift station will initially receive wastewater flows from the Palm Springs Visitors Center, but will be designed to receive additional flows in the future. The lift station will pump wastewater from its location to an existing sewer line along Junipero. The City's preferred equipment will be incorporated into the proposed design. The design of the proposed station will include the following improvements: Minor grading within the limits of the site Precast wet and dry well configurations. The proposed wet well will be sized to detain flows for acceptable pump start/stop intervals. The dry well will house the required pumping equipment. Check, gate, and air release valves and pressure gauges will also be included in the dry well. Backup generator transfer switch Potable water service within the site limits Electrical and control systems Collection and discharge piping within the limits of the site Packaged portable hoist. The wastewater lift station shall be designed in conformance with the published specifications and details of the APWA Green Book, Desert Water Agency, and the City of Palm Springs. The wastewater lift station shall be designed to accommodate the future peak flow in accordance with the City of Palm Springs Sewer Master Plan, July 1993,with redundancy. The total dynamic head of the pumps shall be determined by the Contractor based on the design of the force main and a hydraulic model such as Cybernet or H2Onet or an Excel spreadsheet. It is anticipated that the station's vaults and wetwell will consist of precast manhole components and no structural analysis is anticipated on this project. Task 1.0 Project Management Task 1.1 Hold PDT Meetings. A Project Development Team (PDT) including representatives from the Agency shall be established after Notice to Proceed (NTP). A kick off meeting with the PDT shall be held as soon as possible after NTP. PDT meetings with the Agency's Project Manager and other representatives from affected agencies shall be held once a month, or as required. The team leaders and/or subconsultants shall attend PDT meetings as appropriate. Contractor shall prepare minutes for each meeting and distribute the minutes to all attendees and other interested parties. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT Task 1.2 Progress Reports. Progress reports shall be prepared in accordance with Agency guidelines. Contractor's progress reports typically include: Schedule updates, including a comparison of planned completion, actual completion, and % billed; an Executive Summary; a list of outstanding issues; and a description of completed activities. Reports shall be prepared monthly. Contractor shall prepare monthly reports of expenditures for the project by task and milestone. These reports shall be included as supporting data for invoices presented to the Agency every month. Contractor shall also provide "Action Item" lists to keep all PDT members informed of project progress. Task 1.3 Project Schedule.After receipt of the Notice to Proceed(NTP), Contractor shall provide a detailed project schedule to the Agency for review and comment. Contractor shall revise the schedule throughout the project to reflect the then-current project status. Task 1.4 Kick-Off Meeting. This meeting shall include. a. Clearly defining work tasks to be accomplished. b. Finalizing the project schedule including critical milestones, and deliverables. c. Identifying and discussing existing project constraints and concerns. Task 1.5 Ca/trans Coordination. Contractor shall be responsible for ensuring all necessary and required coordination with the California Department of Transportation for plan approval and encroachment permitting for this project. Contractorshall meet with Caltrans District 8 Encroachment Permitting staff as necessary and required to process plans for approval and an application for an encroachment permit on behalf of the Agency. Task 2.0 Survey Task 2.1 Research. Working with staff from the Agency and affected utilities, Contractor shall obtain copies of all available record documents that will define the existing design and right-of-way limits contiguous to the project. Copies of all documents used to establish the design and right-of-way shall be furnished to the Agency upon conclusion of the project. Documents to be obtained include: As-Built Drawings; Assessor Maps; Intersection Ties, Field Notes, Benchmark Data; Pertinent In-Progress Drawings; Existing Utility Drawings and Maps; Flood Zone Designations; Existing Geotechnical Reports; Right-of-Way Maps; Records of Surveys/Tract Maps, and any other available pertinent data or information. Task 2.2 Topographic Survey. Contractor shall provide all necessary and required field topographic and/or aerial topographic surveying for the project. Task 2.3 Right-of-Way Mapping. Contractorshall be responsible for all required right-of-way mapping based on record documents to determine existing public rights-of-way and easements of record. Task 3.0 Sewer Improvement Plans. Specifications & Estimate (PS&E) Task 3.1 Utility Potholing. Contractor shall be responsible for "potholing" all impacted utility lines and laterals as required,along the proposed alignment of the sewer line extension. For purposes of this contract, it has been assumed that a maximum of twelve (12) pothole locations will be required. Contractor shall be entitled to compensation for each utility pothole investigation performed, not to exceed the number specified in Exhibit"C". Additional utility pothole locations, if required, shall be considered upon an amendment to this Contract. Contractor shall be responsible for all encroachment permitting and coordination necessary to perform utility pothole investigations within Agency or Caltrans rights-of-way. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT Task 3.2 35% Submittal. Plans. Contractor shall provide to the Agency and Caltrans for concurrent review and comment Sewer Improvement Typical Sections&Details, and Sewer Improvement Plans& Profiles. A Standard Agency title block for plan sheets shall be used, to be provided by the Agency in digital Autocad format. The title block shall be revised as required by Caltrans to reflect Caltrans' review and approval. Submittal of plans for Caltrans review and comment shall be made directly to Caltrans, with concurrent submittal to the Agency. Engineer's Estimate. Contractor shall provide a preliminary estimate based on approximate quantities and historical construction costs for similar projects. Utility Coordination. Contractor shall be responsible for all utility research and utility coordination throughout the duration of the project. Contractor shall be responsible for obtaining "as-built" or"record drawing" plans of existing utilities within the project area, and for identifying utility locations on the plans. Contractor shall provide the 35% submittal to all impacted utility companies, and shall begin formal coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the Agency. Contractor shall be responsible for ensuring utility impacts, adjustments, or relocations are accurately reflected in progress plans submitted for review. Task 3.3 65% Submittal. Plans. Contractor shall revise the 35% submittal (plans and engineer's estimate) to reflect all Agency and Caltrans comments. Submittal of plans for Caltrans review and comment shall be made directly to Caltrans, with concurrent submittal to the Agency. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 65% submittal Special Provisions. Contractor shall prepare and provide to the Agency for review and comment technical specifications and special provisions for the project. The 2000 Standards for Public Works Construction, "Greenbook", shall be used, in addition to 2002 State of California Standard Specifications as appropriate. Agency standard "boiler plate" special provisions in Microsoft Word 5.0 format shall be provided by the Agency. Utility Coordination. Contractor shall provide the 65% submittal to all impacted utility companies and shall continue formal coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the Agency. Contractor shall be responsible for ensuring utility impacts, adjustments, or relocations are accurately reflected in progress plans submitted for review. Task 3.4 100% Submittal. Plans. Contractor shall revise the 65%submittal(plans, technical specifications and special provisions, and engineer's estimate)to reflect all Agency and Caltrans comments Submittal of plans for Caltrans review and comment shall be made directly to Caltrans, with concurrent submittal to the Agency. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 100% submittal. Final Utility Coordination. Contractor shall finalize all agreements in writing with all impacted utility companies. Notice shall be formally given of the Agency's intent to advertise the project for construction. All utility impacts, adjustments, or relocations shall be itemized, reviewed, and approved by the respective utility company prior to approval of 100% plans by the Agency. Contractor shall provide written confirmation of review and approval of the plans by the respective utility companies. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT Final Caltrans Coordination. Contractor shall finalize all coordination with Caltrans District 8 Encroachment Permitting staff Issuance of an Encroachment Permit from Caltrans District 8 shall be required prior to approval of 100% plans by the Agency. Task 3.5 Final Approval Submittal. Contractor shall revise the 100% submittal (plans, technical specifications and special provisions, and engineer's estimate)to reflect all previous comments. Contractor shall provide an original set of mylar plans to the Agency for signature; and shall provide a print copy of the technical specifications and special provisions, stamped and signed by the Contractor, to the Agency for signature. A digital copy of plans in Autocad format,and a digital copy of the technical specifications and special provisions in Microsoft Word 5.0 shall be provided. An original, stamped, Engineer's Estimate shall be provided to the Agency. Task 4.0 Wastewater Lift Station Improvement Plans, Specifications & Estimate (PS&E) Task 4.1 35% Submittal. Site Layout. Contractor shall prepare an 8.5"x 11"exhibit that shall include a schematic drawing of the site of the wastewater lift station, its proposed equipment, and the relationship to existing improvements. Equipment shall be identified using leaders with labels. Contractor shall obtain the Agency's approval of the site layout before beginning preparation of 65% construction drawings Design Concept Memorandum. Contractor shall prepare a memorandum for the wastewater lift station's design and submit to the Agency for review and approval The memorandum shall include approximately one page of text that describes the wastewater lift station, its capacities, and component manufacturers. Calculations shall be attached to the memorandum that justify the flow rate and total dynamic head of the proposed pumps. Contractor shall obtain the Agency's approval of the design concept before incorporating its contents into the 65% construction drawings. Task 4.2 65% Submittal. Plans. Contractor shall prepare 65%level construction drawings for the wastewater lift station in accordance with the Agency approved design concept memorandum. The plans shall add details,sections,keynotes,and electrical design to the approved design conceptfor a detailed Agency review.The wastewater lift station shall be defined in one set of construction drawings. The site plan shall be plotted at a scale that allows the entire site to be illustrated on one sheet. The civil and mechanical portion of the construction drawings is not expected to exceed six 24" x 36" sheets. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 65% submittal. Special Provisions. Contractor shall prepare and provide to the Agency for review and comment technical specifications and special provisions for the wastewater lift station. The 2000 Standards for Public Works Construction, "Greenbook", shall be used, in addition to 2002 State of California Standard Specifications as appropriate. Specific special provisions not included in these standards will be prepared using the MasterSpec program in an AIA format. Agency standard"boiler plate" special provisions in Microsoft Word 5.0 format shall be provided by the Agency. Site Visit and Comment Discussion. Contractor shall meet with Agency staff for one meeting to discuss the Agency's comments on the 65% submittal if necessary, as determined by the Agency. This meeting will also be used to conduct a field visit of the proposed site of the wastewater lift station. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT Task 4.3 90% Submittal. Plans. Contractor shall revise the 65%submittal(plans,technical specifications and special provisions, and engineer's estimate) to reflect all Agency comments Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 90% submittal. Task 4.4 Final Approval Submittal. Contractor shall revise the 90% submittal (plans, technical specifications and special provisions, and engineer's estimate)to reflect all previous comments. Contractor shall provide an original set of mylar plans to the Agency for signature; and shall provide a print copy of the technical specifications and special provisions, stamped and signed by the Contractor, to the Agency for signature. A digital copy of plans in Autocad format,and a digital copy of the technical specifications and special provisions in Microsoft Word 5.0 shall be provided. An original, stamped, Engineer's Estimate shall be provided to the Agency. Task 5.0 Electrical Design General Scope. Contractorshall obtain an Electrical Engineer(EE)and shall provide an appropriate electrical design of a three phase electrical service and distribution system for a duplex pump station consisting of a wetwell/drywell pumping arrangement. Contractor and/or its EE shall coordinate with Southern California Edison for electrical service requirements. An automatic transfer switch will be designed to transfer power to a future standby generator in the event of a utility power failure. The Contractor and/or its EE shall design a system with conduits from the transfer switch to the location of a future standby generator to be furnished or installed by the Agency. An ultrasonic level transmitter shall be designed to monitor wetwell levels and to control the wastewater lift station pumps. Contacts in the transmitterwill be configured to start and stop each pump.Additional high and low level alarm floats shall be designed to provide alarm backup to the ultrasonic level sensor. A CrosStar LdStar wastewater lift station monitoring system shall be designed for remote monitoring and alarm notification. Status and alarm signals from the wastewater lift station will be monitored by the LiftStar system and displayed on a website created by LiftStar forthe Agency.The LiftStar system will notify operators when a critical alarm such as pump failure or when a high level condition occurs. Communication from the lift station to the LiftStar monitoring site will be provided by cellular telephone. The only site lighting that will be provided will be a wall-mounted light located in the drywell pit. Tasks to be Completed by Contractor's EE: Telephone,e-mail and fax coordination with Agency as required to coordinate ideas and design strategies. Attend and participate in one design review meeting with Agency staff to discuss design review comments. Coordinate with Southern California Edison (SCE) for electrical service requirements. Prepare an electrical site plan to show equipment locations, site lighting and conduit routing. Prepare a single line diagram to show the 480V, 30-power distribution, electrical component sizes, conduit and conductor sizes, Design and coordinate with CrosStar to design the LiftStar monitoring system for remote monitoring and alarm notification. Prepare a panel schedule for all 120/240V loads. Prepare an electrical equipment rack elevation. Prepare electrical details and construction notes as necessary. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT Prepare load and short circuit calculations. Prepare electrical and instrumentation specifications. Deliverables to be Provided: Contractor and/or its EE shall provide Agency with one set of reproducible vellums and technical specifications and special provisions for the electrical service and distribution system for a duplex pump station. Contractor and/or its EE shall provide limited utility coordination to provide electrical service to the site. Contractor and/or its EE shall establish contacts for utility service design, provide phone and email correspondence, send plans, load calculations and any other information requested by SCE in order for them to provide an electrical service plan for the wastewater lift station. Task 6.0 Project Advertisement& Bidding Scope. Contractor shall provide the Agency with assistance as required during the project advertisement and bidding period. Task 6.1 Pre-Bid Meeting. Contractor shall attend a pre-bid meeting to be scheduled in advance of the bid opening date. The Contractor shall monitor the meeting and field all questions asked by potential bidders. Contractor shall prepare minutes of the pre-bid meeting within two (2)days following the pre-bid meeting for distribution to all attendees by the Agency. Note,this scope of work is only required if the Agency determines that scheduling of a pre-bid meeting for this project is required. In the event a pre-bid meeting is not scheduled, the Contractor shall not be entitled to compensation for this task item of work as indicated therefore. Task 6.2 Bidding Interpretations. Contractor shall review and respond to all inquiries and questions, "Requests for Information" (RFI's), relating to the plans and specifications during project advertisement and bidding. Contractor shall respond to any and all discrepancies, errors or omissions within the plans through a formal written response to RFI's submitted to the Agency, for subsequent use in the issuance of an addendum, prepared and issued by the Agency. Task 6.3(Optional)Bid Review&Analysis. In the event the low bid for the project is 20%or more than the final Engineer's Estimate prepared by the Contractor,the Contractor shall obtain copies of submitted bids for review and analysis. Contractor shall compare the construction bids with the final Engineer's Estimate and identify specific construction bid cost-overruns. The Contractor, in consultation with the Agency, shall determine and be responsible for"value engineering" if construction bids are acceptable, or recommend re- bidding, as necessary. The Agency shall have the right to a final determination if re-bidding or value engineering is appropriate. Note,this scope of work is optional and will only be required if the low bid for the project is 20% or more than the final Engineer's Estimate prepared by the Contractor. In the event the low bid for the project is within below or within 20% above the final Engineer's Estimate, this task item of work shall not be required and the Contractor shall not be entitled to compensation for this task item of work as indicated therefore. END OF SCOPE OF SERVICES END OF EXHIBIT "A" EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be made no more frequently than monthly, and shall be based on costs per unit of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item. Each request for payment shall contain Contractor's statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgement of the Contract Officer. Sub-Task Total Task Total Lump Sum Lump Sum Task 1.0, Project Management --- $2,010.00 Task 1.1, Kick-Off Meeting $265.00 --- Task 1.2, Hold PDT Meetings $505.00 --- Task 1.3, Project Schedule Updates $200.00 --- Task 1.4, Project Progress Reports $920.00 --- Task 1.5, Caltrans Coordination $120.00 Task 2.0, Survey --- $11,340.00 Task 2.1, Research $520.00 --- Task 2.2, Topographic Survey $9,120.00 --- Task 2.3, Right-of-Way Mapping $1,700.00 Task 3.0, Sewer Improvement Plans, Specifications and Estimate (PS&E) --- $18,130.00 Task 3.1, Utility Potholing, 12 locations at$800.00 each $9,600.00 --- Task 3.2, 35% Submittal $2,890.00 --- Task 3.3, 65% Submittal $2,890.00 --- Task 3.4, 100% Submittal $1,730.00 --- Task 3.5, Final Approval Submittal $1,020.00 --- Task 4.0, Wastewater Lift Station Plans, Specifications and Estimate (PS&E) --- $22,325.00 Task 4.1, 35% Submittal $1,650.00 --- Task4.2, 65% Submittal $12,855.00 -- Task 4.3, 90% Submittal $6,055.00 --- Task 4.4, Final Approval Submittal $1,765 00 Task 5.0, Electrical Design $12 075 00 Task 6.0, Project Advertisement &Bidding --- $1,700.00 Task 6.1, Pre-Bid Meeting $220.00 --- Task 6.2, Bidding Interpretations $520.00 --- Task 6.3 (Optional), Bid Review & Analysis $960 00 Sub-Total of all Tasks of this Contract --- $67,580.00 Reimburseable Expenses (Not to Exceed, based on prior payment of verified project costs) $1,000.00 Grand Total of this Contract (Not to Exceed) $68,580.00 END OF EXHIBIT "C" EXHIBIT "D" SCHEDULE OF PERFORMANCE Task 1 shall be completed within 2 weeks of Notice to Proceed. Task 2 shall be completed within 4 weeks of Notice to Proceed. Task 3.1 shall be completed within 7 weeks of Notice to Proceed. Task 3.2 shall be completed within 5 weeks of Notice to Proceed. Task 3.3 shall be completed within 10 weeks of Notice to Proceed. Task 3.4 shall be completed within 13 weeks of Notice to Proceed. Task 3.5 shall be completed within 15 weeks of Notice to Proceed. Task 4.1 shall be completed within 2 weeks of approval of the First Amendment to the Contract Services Agreement. Task 4.2 shall be completed within 3 weeks of Agency approval of deliverables of Task 4.1. Site visit to be scheduled upon date mutually agreeable to Contractor and Agency staff. Task 4.3 shall be completed within 3 weeks of the Site Visit completed in Task 4.2. Task 4.4 shall be completed within 2 weeks of Agency approval of deliverables of Task 4.3. Task 5.0 shall be completed as necessary and consistent with Tasks 4.1 through 4.4, inclusive. Task 6 shall be completed as required by Agency. The Schedule of Performance for Task 3 items assumes a 2 week review time by Caltrans and Agency staff. The Schedule of Performance may be extended upon approval of the Contract Officer in the event Caltrans or Agency staff review times exceed the 2 week timeframe included in the Schedule. END OF EXHIBIT "D" Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 469C shall remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a municipal corporation By: ! � 6� ,E' .d Assistant Secretary I Chairman APPROVED AS TO FORM: Xy=RWV25 U 'UH �"dddJNlu liu tdl tixl9. By: ` Agency ounsel CONTRACTOR: Check one: _Individual_PartnershipXCorporation Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice P esident. The se and signature must be from the Secretary,Assistant Secretary, —Treasure ersststant TrVsyrChiefPinanetal Inter)BY: L By: / V2 L c(' t.' Notarized Signature of Clrai an of Board, V Notarized Signa re Secretary, Asst Secretary, President or auy Vice resident Treasurer,Asst treasurer or Chief Financial Officer Name: �4�f�,Q , �/��I61 �/1` �/1/0_.C{ Name:WIp�It&' +� -rAA-dal Title: oQ Title: State of .,[G —e I State of County of Ott i D1'll County o t ' "i�V( _ before me, V\. (✓✓1�� ,I— - l I rvvL personally appeared �n� �'��. L� l P Y PP i 1 MGG"L personally appeared personally known to me(or proved to me on the basis of aitsfartery personally]mown to me(or proved to me on the basis, satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to dre evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that lie/she/they executed within instrument and acknowledged to me that he/She/they executed the same in his/her/their authorized capacity(ies), and that by 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 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. upon behalf of which the person(s)acted, executed the instrument WITNESS my band and official seat. WITNESS my hand and official seal. Notary Signatth' : �,n "/'Ld'VCLI�t,� Notary Signature Notary Seal: Notary Seal: OFFICIAL SEAL ,,y;F ICIPf®t�L. E6GIEl3� CINdV L.EOd1AAAk 'Td,.�,: � NOTARY PUBLIC-OREGON ':T-�``:" NOTARY PUBLIC-0REGON CON1MI551DN N0.352941 COMMISSION N0.352941 MY COMMISSION EXPIRES MAR.1,2OO6 MY COMMISSION EXPIRES MAR.9,2006 David Evans & Associates Visitors Center CP03-09 COMMUNITY REDEVELOPMENT AGENCY AGREEMENT #469C OF THE CITY OF PALM SPRINGS R1231 , 10-1-03 CONTRACT SERVICE AGREEMENT PALM SPRINGS VISITOR'S CENTER SEWER LINE EXTENSION CITY PROJECT NO. 03-09 ^> THIS CONTRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered into this r day of�',ti sad ;/ , ,. 20F/,%),by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA,a public body,corporate and politic, (herein"Agency")and David Evans and Associates, Inc., (herein "Contractor"). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference,which services may be referred to herein as the "services"or"work"hereunder. As a material inducement to the Agency 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, riles and regulations of the Agency 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 Agency against any such fees, assessments,taxes,penalties or interest levied, assessed or imposed against Agency 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 Agency 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 Agency, except such losses or damages as may be caused by Agency's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. Agency 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 Agency. 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 maximum contract amount of Thirty-Two Thousand One Hundred Eighty and 001100 Dollars ($32,180.00), (herein "Contract Stun"), except as provided in Section 1.8. The method of compensation may include(i)a lump s rra 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 by the Agency; 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 Agency in the form approved by the Agency's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, Agency shall pay Contractor for all expenses stated thereon which are approved by Agency pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the Agency, 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 Agency for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance(Exhibit"D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Gene Ginther,P.E.; Project Manager It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for Agency 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 proposes 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 Agency. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the Executive Director of Agency. 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 Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the Agency 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 Agency 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 Agency. 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 Agency. 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 Agency. The Agency's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available,to persons or entities with offices located in the Coachella Valley("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the Agency to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the Agency 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 Agency may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. 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 Agency 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. Agency 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 Agency and shall remain at all times as to Agency 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 Agency. Agency 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, INDENINIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to Agency, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of 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 Agency as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) 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 policy of 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". Ali of the above policies of insurance shall be primary insurance and issued by companies 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 Agency, 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 Agency 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 Agency. 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. 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 Agency, 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 Agency,its officers,agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the Agency, its officers, agents or employees, who are directly responsible to the Agency, 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) Contractor will promptly pay any judgment rendered against the Agency,its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work,operations or activities of Contractor hereunder; and Contractor agrees to save and hold the Agency, its officers, agents, and employees harmless therefrom; (c) In the event the Agency, 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 or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the Agency, its officers, agents or employees, any and all costs and expenses incurred by the Agency, 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 Agency a performance bond in the sum of the amount of this Agreement, in the form provided by the Agency, 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. 5.4 Sufficiency of Insurer or Sure v. 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 Executive Director or designee of the Executive Director due to unique circumstances. In the event the Executive Director determines that the work or services to be performed under this Agreement create an increased or decreased risk of loss to the Agency, 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 Executive Director or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Executive Director to the Agency within ten (10) days of receipt of notice from the Executive Director. 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 Agency is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of Agency, including the right to inspect, copy, audit and make records and transcripts from such records. Stich records shall be maintained for a period of three(3)years following completion of the services hereunder, and the Agency 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 Agency and shall be delivered to Agency 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 Agency 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 Agency's sole risk and without liability to Contractor, and the Agency 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 Agency any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify Agency for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications,reports,records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,or any other appropriate court in such county. Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes.ttes. 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 Stich 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 Agency'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 Agency to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate Agency for any losses, costs, liabilities, or damages suffered by Agency, and(ii)all amounts for which Agency 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, Agency may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of Agency to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect Agency as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting parry 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 by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the Agency 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 Agency 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 Agency 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 Agency, except that where termination is due to the fault of the Agency, 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, Agency 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 Agency shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the Agency as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of Agency Officers and Employees. No officer or employee of the Agency shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the Agency 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 Agency shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice,demand,request,document,consent,approval,or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the Agency, to the Executive Director 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. (Signatures on next page) IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA ATTES a public body, corporate and politic Assistant Secretary f�/vJ� Chairman APPROVED AS TO FORM: Y tr 'e'a.; °U`4Eu4d E 'Y '{ W4i �c" � 8 5f i lw'ei9. , ,kvaac @ Agency Counsel 4 CONTRACTOR: Check one:_Individual_Partnership ✓Corporation Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice President.The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By: Notarized Signature of airman of Board, Notarized Signature Secretary,Asst Secretary, '��p� �ry,President or any Vice President y� Treasurer, Asst treasurer or Chief Financial Officer Name: S"c_t4c"&To �i�'� t W tC_) 1 h ii Name: Title: fv State ty 0 ) Stale of � _ r Co ty//o�� - �y \ Co ty f On 2—t [5efore me, L't I'+" .J On 2� �3 before me,, � eAA1 W14L � personally appeared �, ,tden�c) ly personally appeare LI�� . sonally known to me(or proved to me on the basis ohe known to me(or proved to me on the basis of satisfactory evidence)to be person(s) whose name(s) is/are subscribed to the within instrument and 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signamre(s) on the 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) instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. acted,executed the instrument. WITNESS my band and official seal. WITNESS my hand and official seal. l Notary Signatur Notary Signature. �Q Notary Seal: Notary Seal: 0F}1CUtL SFAL OII IDtl k.EGGIRE oFFlCULL SF1d NOTARY COMMI PUBU I c-OGON CIMpY L. EGGIIIlIAl1i SSON N0.352941 NOTARY PUBLIC-oREGON MY COMMISSION EXPIRES MAR•1,2006 COMMISSION N0.352941 NIY COMMISSION EXPIRES MAR.1,2006 lip ., .�., .1_ �I 1 II � � i�' .._ _ � � � l � >! n .� _ - - _ . ... - EXHIBIT "A" SCOPE OF SERVICES General Scope. The intent of this contract is to provide the Agency with civil engineering design services to accomplish preparation of plans, specifications and estimates (PS&E)for extension of sanitary sewer service to the Palm Springs Visitor's Center located at the northwest corner of North Palm Canyon Drive(State Highway 111) and Tramway Road. Extension of the existing 12-inch diameter sanitary sewer main at the intersection of Junipero Road and San Marco Way shall be made along an alignment that extends easterly approximately 375 feet along San Marco Way to North Palm Canyon Drive(State Highway 111), and northerly approximately 1,350feet along North Palm Canyon Drive(State Highway 111)to the Palm Springs Visitor's Center. The Scope of Services as detailed herein shall provide the Agency with a comprehensive set of civil engineering plans, specifications and estimates(PS&E)with which to facilitate future construction of the proposed sanitary sewer main extension. Task 1.0 Project Management Task 1.1 Hold PDTMeetings. A Project Development Team (PDT)including representatives from the Agency shall be established after Notice to Proceed (NTP). A kick off meeting with the PDT shall be held as soon as possible after NTP. PDT meetings with the Agency's Project Manager and other representatives from affected agencies shall be held once a month,or as required. The team leaders and/or subconsultants shall attend PDT meetings as appropriate. Contractor shall prepare minutes for each meeting and distribute the minutes to all attendees and other interested parties. Task 1.2 Progress Reports. Progress reports shall be prepared in accordance with Agency guidelines. Contractor's progress reports typically include: Schedule updates, including a comparison of planned completion, actual completion, and % billed; an Executive Summary; a list of outstanding issues; and a description of completed activities. Reports shall be prepared monthly. Contractorshall prepare monthlyreports of expenditures for the project by task and milestone. These reports shall be included as supporting data for invoices presented to the Agency every month. Contractor shall also provide"Action Item"lists to keep all PDT members informed of project progress. Task 1.3 Project Schedule. After receipt of the Notice to Proceed (NTP), Contractor shall provide a detailed project schedule to the Agency for review and comment, and shall revise throughout the project duration to reflect project status. Task 1.4 Kick-Off Meeting. This meeting shall include: a. Clearly defining work tasks to be accomplished. b. Finalizing the project schedule including critical milestones, and deliverables. c. Identifying and discussing existing project constraints and concerns. Task 1.5 Caltrans Coordination. Contractor shall be responsible for ensuring all necessary and required coordination with the California Department of Transportation for plan approval and encroachment permitting for this project. Contractor shall meet with Caltrans District 8 Encroachment Permitting staff as necessary and required to process plans for approval and an application for an encroachment permit on behalf of the Agency. Task 2.0 Survey Task 2.1 Research. Working with staff from the Agency and affected utilities, Contractor shall obtain copies of all available record documents that will define the existing design and right-of-way limits contiguous to the project. Copies of all documents used to establish the design and right-of-way shall be furnished to the Agency upon conclusion of the project. Documents to be obtained include: As-Built Drawings; Assessor Maps; Intersection Ties, Field Notes, Benchmark Data; Pertinent In-Progress Drawings; Existing Utility Drawings and Maps;Flood Zone Designations;Existing Geotechnical Reports;Right-of-Way Maps;Records of Surveys/Tract Maps, and any other available pertinent data or information. Task 2.2 Topographic Survey. Contractor shall provide all necessary and required field topographic and/or aerial topographic surveying for the project. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT Task 2.3 Right-of-Way Mapping. Contractor shall be responsible for all required right-of-way mapping based on record documents to determine existing public rights-of-way and easements of record. Task 3.0 Sewer Improvement Plans, Specifications & Estimate (PS&E) Task 3.1 Utility Potholing. Contractor shall be responsible for"potholing"all impacted utility lines and laterals as required, along the proposed alignment of the sewer line extension. For purposes of this contract, is has been assumed that a maximum of twelve(12)pothole locations will be required. The Contractor shall be entitled to compensation for each utility pothole investigation performed, not to exceed the number specified in Exhibit "C". Additional utility pothole locations, if required, shall be considered upon an amendment to this Contract. Contractor shall be responsible for all encroachment permitting and coordination necessary to perform utility pothole investigations within Agency or Caltrans rights-of-way. Task 3.2 35% Submittal. Plans. Contractor shall provide to the Agency and Caltrans for concurrent review and comment Sewer Improvement Typical Sections & Details, and Sewer Improvement Plans & Profiles. A Standard Agency title block for plan sheets shall be used,to be provided by the Agency in digital Autocad format. The title block shall be revised as required by Caltrans to reflect Caltrans' review and approval. Submittal of plans for Caltrans review and comment shall be made directly to Caltrans, with concurrent submittal to the Agency. Engineer's Estimate. Contractor shall provide a preliminary estimate based on approximate quantities and historical construction costs for similar projects. Utility Coordination. Contractor shall be responsible for all utility research and utility coordination throughout the duration of the project. Contractor shall be responsible for obtaining"as-built"or"record drawing" plans of existing utilities within the project area, and for identifying utility locations on the plans. Contractor shall provide the 35% submittal to all impacted utility companies, and shall begin formal coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the Agency. Contractor shall be responsible for ensuring utility impacts,adjustments,or relocations are accurately reflected in progress plans submitted for review. Task 3.3 65% Submittal. Plans. Contractor shall revise the 35% submittal (plans and engineer's estimate) to reflect all Agency and Caltrans comments. Submittal of plans for Caltrans review and comment shall be made directly to Caltrans, with concurrent submittal to the Agency, Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 65% submittal. Special Provisions. Contractor shall prepare and provide to the Agency for review and comment technical specifications and special provisions for the project. The 2000 Standards for Public Works Construction, "Greenbook", shall be used, in addition to 2002 State of California Standard Specifications as appropriate. Agency standard"boiler plate'special provisions in Microsoft Word 5.0 format shall be provided by the Agency. Utility Coordination. Contractor shall provide the 65% submittal to all impacted utility companies and shall continue formal coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the Agency. Contractor shall be responsible for ensuring utility impacts, adjustments, or relocations are accurately reflected in progress plans submitted for review. Task 3.4 100% Submittal. Plans. Contractor shall revise the 65% submittal (plans, technical specifications and special provisions, and engineer's estimate)to reflect all Agency and Caltrans comments. Submittal of plans for Caltrans review and comment shall be made directly to Caltrans, with concurrent submittal to the Agency. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 100% submittal. Final Utility Coordination. Contractor shall finalize all agreements in writing with all impacted utility companies. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT Notice shall be formally given of the Agency's intent to advertise the project for construction. All utility impacts, adjustments, or relocations shall be itemized, reviewed, and approved by the respective utility company prior to approval of 100% plans by the Agency. Contractor shall provide written confirmation of review and approval of the plans by the respective utility companies. Final Caltrans Coordination. Contractor shall finalize all coordination with Caltrans District 8 Encroachment Permitting staff. Issuance of an Encroachment Permit from Caltrans District 8 shall be required prior to approval of 100% plans by the Agency. Task 3.5 Final Approval Submittal. Contractor shall revise the 100%subm ittal(plans,technical specifications and special provisions,and engineer's estimate)to reflect all previous comments. Contractor shall provide an original set of mylar plans to the Agency for signature; and shall provide a print copy of the technical specifications and special provisions, stamped and signed by the Contractor, to the Agency for signature. A digital copy of plans in Autocad format, and a digital copy of the technical specifications and special provisions in Microsoft Word 5.0 shall be provided. An original, stamped, Engineer's Estimate shall be provided to the Agency. Task 4.0 Project Advertisement & Bidding Scope. Contractor shall provide the Agency with assistance as required during the project advertisement and bidding period. Task 4.1 Pre-Bid Meeting. Contractor shall attend a pre-bid meeting to be scheduled in advance of the bid opening date. The Contractor shall monitor the meeting and field all questions asked by potential bidders. Contractor shall prepare minutes of the pre-bid meeting within two (2) days following the pre-bid meeting for distribution to all attendees by the Agency. Note, this scope of work is only required if the Agency determines that scheduling of a pre-bid meeting for this project is required. In the event a pre-bid meeting is not scheduled, the Contractor shall not be entitled to compensation for this task item of work as indicated therefore. Task 4.2 Bidding Interpretations. Contractor shall review and respond to all inquiries and questions, "Requests for Information" (RFI's), relating to the plans and specifications during project advertisement and bidding. Contractor shall respond to any and all discrepancies, errors or omissions within the plans through a formal written response to RFI's submitted to the Agency,for subsequent use in the issuance of an addendum, prepared and issued by the Agency. Task 4.3(Optional)Bid Review&Analysis. In the event the low bid for the project is 20% or more than the final Engineer's Estimate prepared by the Contractor, the Contractor shall obtain copies of submitted bids for review and analysis. Contractor shall compare the construction bids with the final Engineer's Estimate and identify specific construction bid cost-overruns. The Contractor,in consultation with the Agency,shall determine and be responsible for "value engineering" if construction bids are acceptable, or recommend re-bidding, as necessary. The Agency shall have the right to a final determination if re-bidding or value engineering is appropriate. Note, this scope of work is optional and will only be required if the low bid for the project is 20% or more than the final Engineer's Estimate prepared by the Contractor. In the event the low bid for the project is within below or within 20% above the final Engineer's Estimate, this task item of work shall not be required and the Contractor shall not be entitled to compensation for this task item of work as indicated therefore. END OF SCOPE OF SERVICES END OF EXHIBIT "A" ]EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT EXHIBIT "B" SPECIAL REQUIREMENTS As specified in Section 5.1 (d), Additional Insurance, the following insurance policy shall be required: Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions Insurance in an amount not less than One Million Dollars ($1,000,000.00) per claim and in the aggregate with respect to loss arising from the actions of the Contractor performing professional services hereunder on behalf of the Agency. Section 5.3, Performance Bond, is waived. Section 7.7, Liquidated Damages, is waived. END OF EXHIBIT "B" EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be made no more frequently than monthly, and shall be based on costs per unit of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item. Each request for payment shall contain Contractor's statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgement of the Contract Officer. Sub-Task Total Task Total Lump Sum Lump Sum Task 1.0, Project Management --- $1,010.00 Task 1.1, Kick-Off Meeting $265.00 -- Task 1.2, Hold PDT Meetings $505.00 -- Task 1.3, Project Schedule Updates $0.00 --- Task 1.4, Project Progress Reports $120.00 -- Task 1 5 Caltrans Coordination $120 00 Task 2.0, Survey --- $11,340.00 Task 2.1, Research $520.00 -- Task 2.2, Topographic Survey $9,120.00 --- Task 2 3 Right-of-Way Mapping, $1 700 00 -- Task 3.0, Sewer Improvement Plans, Specifications and Estimate (PS&E) --- $18,130.00 Task 3,1, Utility Potholing, 12 locations at $800.00 each $9,600.00 -- Task 3.2, 35% Submittal $2,890.00 --- Task 3.3, 65% Submittal $2,890.00 -- Task 3.4, 100% Submittal $1,730.00 -- Task 3 5 Final Approval Submittal $1 020 00 Task 4.0, Project Advertisement &Bidding --- $1,700.00 Task 4.1, Pre-Bid Meeting $220.00 --- Task 4.2, Bidding Interpretations $520.00 -- Task 4.3 (Optional)—Bid Review &Analysis $960 00 --- Grand Total of this Contract (Not to Exceed) $32,180.00 END OF EXHIBIT "C" EXHIBIT "D" SCHEDULE OF PERFORMANCE Task 1 shall be completed within 2 weeks of Notice to Proceed. Task 2 shall be completed within 4 weeks of Notice to Proceed. Task 3.1 shall be completed within 7 weeks of Notice to Proceed. Task 3.2 shall be completed within 5 weeks of Notice to Proceed. Task 3.3 shall be completed within 10 weeks of Notice to Proceed. Task 3.4 shall be completed within 13 weeks of Notice to Proceed. Task 3.5 shall be completed within 15 weeks of Notice to Proceed. Task 4 shall be completed as required by Agency. The Schedule of Performance for Task 3 items assumes a 2 week review time by Caltrans and Agency staff. The Schedule of Performance may be extended upon approval of the Contract Officer in the event Caltrans or Agency staff review times exceed the 2 week timeframe included in the Schedule. END OF EXHIBIT "D" 10/06/2003 16:00 FAX_760 323 8207 CITY OF PALM SPRINGS 0 006 OCT-06-2003 16156 PkN RISK SUM 503 295 101S P.06i08 n4Vn1-1 VCR f f�-'lVfy l G VI' B-IAL tL l 1 1 11,1%owl "TI�V1� luraw PRO THIS CEFMRGATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER Risk Services, InC, of Oregon ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Aon1211 SW 5ei,vf600 HOLDER. THIS CERTIFIOAT4 DOES NOTAMEND,EICTEND OR 1211 Portland, 5', 97() 3T99 ALTERTH9COARAGEAFFORDEDBYTHE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Phase N01 S03306-n:;G Gary WCotlramm AMNO, 503-295.OM INSURED INSURERAr Continental Casualty David Evans and Associates Inc IRSURERW. 709 NW Wall Street,#102 INSURER C: Fiend,OR 97701 2744 ORER D. INSURER E COVERAGES THE POUCIES OF INSURANCE USTED SELaw HAVE BEEN ISSUED TDTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWrrHSTANDING ANY REOUIRMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAT PERTAIN,THE INSURANCE AFFORDED aY THE POLICIES DESCRIBED HEREIN Is RUBJRCTTO ALL THETERMS, EXCLUSIONS AND CONDn1ONS OF SUCH POUCIES-LIMITS SHOWN MAY AVE BFBJ REDOCED BY PAID CLAIMS- POLICYWFfi N I oriNIi ION L7R NPE OF INSURANCE POUCYN DATE MMIDD DATE LIMES CC LIABILITY oCC � DOMWRCw GENERALLIQLITY F�DAW,OG fAOP m�erq CLAIM MADE © CCCIAt MED l 64v PR.wrwnl INJURY OPN:P AGGREGATBLIMTAPALFieP - GENEPAL.AGGREGPTE POLICY PROJECT LOG PRODUCT'S-I;QAPAJPAGG D=—LRSLLDY G01®kED SINGLE IJMF ANYAUTO (eAAltlOxlq A OWNEDAVWR EDOLYSULET WpR nj SCHEDULEDAUTOS OILYBIJURY(P�rurcl mq HMPALTOB OPERTr OAMAOe NON-OWN6DAlTOE P'AruAtwl GORWELIAep.m ALFD cx+6r•EAAcc1DExT ANYAUTO OTHERTtMI FAACCIDENT AUTOONUP. A�16NCUA12 633 LNBMDY OCCURRENCE ❑ CLAIMS KALE AGGREGATE DEDucneLE - RET2NTmN 3 WORNERS CDMPENSA - STAT111 1027 F]APLDTIXS'1JA6elTY rt� EL EACH IICU99JT L I -Nl EMPLOrP-E EL DISEASE•POLICY UMF A OTHER AEA4315488- 12I1/00 12/1/03 Prof Limit $1,000,000 /v[flTeiS$ Deductible $300,000 DesrJzrrlOxoY oreRArlDNsn.DDAnoxslvEHICLE�occuJSlons ADDED DY ENDOReammi aPae Re: All operations of the insured In accordance Wlth policy terms and conditions. CERTIFICATE HOLDER ALDDMONAL N Eb SUR INSURER 6 CANCELLATION NAME&ADDRE56 SHOULD ANY OF A OVE DESCRIBEDPOLKIES BE CANCELLED BEFORE THE city of Palm Springs WIRATION RATE THEREOF,THE ISSUING COMIPAm WILL MAIL Department of Public Works 30 OAYSWRRTEN NOTICE TO THE GERTIFICA7E HOLDER NAMED TO THE.LEF7. Attn: Marcus Fuller $200 Tahquitz Canyon Way Palm Springs,CA 92262 AVTHO AnVF De1bLWdgM~ ACORD 2"(1197) 3A RD CORPORATION iwe 10/06/2003 16:00 FA% 760 323 8207 CITY OF PALM SPRINGS laO07 pCT-06-2093^ 16 56 PON RISK SVCS 503 295 101 SID(MIINDun8 Ac_UR TN CERTIFICATE OF (LIABILITY INSURANCE [Aon ODUCER —THIS CERTIFICATE1919SLIED SAMATTEROFINFORMATION o Risk services, Inc, of Oregon ONLY AND cwNFERs NO Riamrs UPON THE CERTIFICATE 11 SW 6e, ices,woo HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR R1and,OR 87204 ALTFRTHgCOVERAGEAFFORDED8YTHEPOLICIESBELOW. P Po COMPANIES AFFORDING COVERAGE Ph°DeNo; 503-106-2856110bWCNhamm RKNO. 503-V5-09Z3 INSURED INSURERA St Paul Fire&Marine tnsurarHe Co David Evans and Associates Inc INSURERB' 709 NW Wall Street0102 INSURERD: Bend,OR 97701-2744 RER IN RE COVERAGES THE FOLICItS OF INSURANCE LISTED DELOW HAVE BEEN ISSUED TO THE INSURED MMABOVIE FOR THE POLICY PERIDDINDICATED.NOTWITHSTANDING AN EN Y REQUIREMENT,TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECrTO WHICH THIS CERTFN:AIE NAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBIECT70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAX HAVE E6EN REDUCED BY PAID CLAIMS. MUOYEFREGME POUCY EXPIRATION CD IN)LICYNIIMWA MTE &0D TE MID UI m LTR T INGUR1INCE G IJADLITYLI'[Y F/1C"OC[SIRRENCE COMMGRCIALDENERALUMLITY RITEOANIGEW WOMME) CIATMBMADE a OCCUR LreO Arwa P+ n) "FluougLANNOURT GENERAL19 EGATEUWrAPPLIES PER GENERA).AGGREGATE POOCr PRDjeur LOC PRfO TS-C MROLbBLEUABUTTT COMENa)61f1GLELNn ANY AM TEaAak M) ALLOWNEDAUTOU aw RTIrrf WNW) SC)QMUM AUTOS BOONY 0 JURY(Pwmoddent) M AUTOS PROPERTY DAMAGE NONOWNEOAUTOS (�arJd'M) OA PK.7 IO n .A.�p OTHERTHAN EAACCYIENT AUTOONLY. AGGREGATE o phLAeluTM M8701764 12/1/02 12/1/03 EAOHOOCURRENCE 11000,000 OCCURRENCE f—"I CLAM WDE AGD w E 1,000,000 OE:DUOTIBLB lJ RETE)rDON g10,000 A LorEas,Wa�mT O1+^*° W VA8700067 611/03 3/1104EMP X To cr uMDs E0. CLEAQ"A=VD 500,000 ELDEIEASE-EAEI,FLWME 500,000 EL n.om 500,000 DTXER DESCRPTIDN OF OPEAAnONSKOCATIONSI VEHICLES=CLUSIONG ADDED BY ENDORSWENOSPEOIAL M311; Umbrella extends over employers liability Waiver of Subrogation applies All operations of the Insured in accordance with policy terms and conditions. CERTIFICATE HOMER A=! R ALINMRED:INSURER A CANCELLATION LETTER: NAME d AMRESS SHWLDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOP.THE ISSUING COMPANY WILL MAUL Department Of public Works 3O OAYS WRITTEN NOTICE TIO THE CERTIPIOAT5 HOLDER NAMED TO THE LEFT, Attn: Marcus Fuller 3200 Tahquitz Canyon Way palm Springs,eA 92262 AUTHORVFO REPRESENTATNE HOKr L Wftft R " ACORD 2E-S I7/B7I OACORD CORPORATION 1988 10/06/2003 16:01 FAX 760 323 8207 CITY OF PALK SPRINGS 0 008 OC7-06-2W3 16:56 AoN RISK SVCS 503 295 1015 P.06i08 WC 04 03 00 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTRERS pI11pORSEMENT— CALIFORNIA This endorsement changes the policy to which it is attached and Is effective on the date Issued unless otherwise stated. ITha following"awaNhil clause" nand be completed only When Ship eadortelhsnt is issued subssQuaot to prepus6on of the pelicy,l This endorsement, effective on 05/01/03 at 12-01 A.M.standard time,forms a part of Date) Policy No, WVA8700067 Endorsement No, of the ST. PAUL FIRE AND NaINE INSURANCE C019ANY NCCI Carrier Code 13706 (Name of Inuralloo Company) issuedro; DAVID EVANS AND ASSOCIATES, INC. Polley Expiration Date, 05/01/04 Premium (if any) $ Authorized Repreatm We have the right to reeover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies Only to the extent that you perform work under a written contract that requires you to obtain this agreement Prom us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compen- sation premium otherwise due on such remuneration. Schedule Person or Organization Job Description See WCOOD313 for "Other IBen CA" states. TOTAL P.08 10/06/2003 15:59 FAX 760 323 8207 CITY OF PALM SPRINGS Z 002 OCT-06-2003 16:55 ROH RISK SVCS 503 295 1015 P.02i08 cxzr .u. Vhl\ 1 11 1\,/r�■ A VI rA' 1✓11 �a a PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc.Of Oregon ONLY AND CONFERS NO R16H1fS UPON THE CERTIFICATE 1211 SW Fiftlt AVenYe,#600 HOLDER. THIS CERTIFlCAYH DOES NOT AMEND,EXTEND OR 1211 S F AVEIM ALTER TFE COVERAGE AFFORDED BY THE POLICIES SELON. phone No;503-306-2956 nemy wea%Mnw Fax No. 503 295-0923 COMPANI$$AFFORDING COVERAGE INSUR D URERA St Paul Fire&Marine Insurance Cc David Evans and Associates Inc INSURER 9: 709 NW Wall Street#102 I" RERC:i Bend, OR 97701-2744 INSURER OI COVERAGES THE POLMIES OF INSURANCE LISTED tiELOW HAVE BEEN ISSUEDTO THEN S RED NAMEDABOVE FOR THE POLICY PEIUOU INDICATED.NOTW!"IK.''ANDING ANY REQUITEMENT,T'QRM OR CCNOmON OF ANY CONTRACTOR OTHER DOCUBENT WITH RE9PECTTo WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN 136U6JECT TOALL THE TERNS, EJICLUSIONSANO CONDITIONS OF SUCH POLICIES.LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS- rF] POUCYEFFECT POLICY TION TYPE OF NSURPNC,E POUCYNUNRER OA BATE LIMITL NA.LARUTY CK08701784 12/1102 12I103 EA L''U CHOGRFTI�R 1,000,000 X COMMrRCIALGENBRALIJABILM FIRE PAW (AlaaeNe 10000D , CLAVAS MADE Ir I OCCUR I®ExPIAnr PnP Pw.00ll 10000 X Stop Gap Liabl*- R`°"AL`A° w RY 1.000,000 OP.NRRALA EGNMUM APPLIESP6R AADGR GENBL ATE 000,000 POLI )( PROJECT LOG PRODUCTS•COMNOPAGG 2,000,000 Avrt°MOBLeW ..,, OK08701784 12/1/02 1211103 CO1A I"a ` 1,000,000 A X "TO IEAASJLNI ALLOWNDAUTOB eODR.TINJURY(Parpr ) SCHEDULED AUTOS ■ Iwr■cd aNl X HIREDAUrOS PROPERTY DAAAGE X NON-0WNEDAUT06 War At[iEeM1 GNACIE LANLnY AUTO CR Y-EAACCIDENT ANYAUTO anmRTfA EA C Nr AUTO ONI,YI AUGREGAYE ExcEWLTmuly EACH 00:UFMNGE OCCURRENCE CLANS LADE AGGRECV,TE DEDUCTIM.12 RGTEMMM A WO AS COMPENSATION ARD 1TATLL OTH• EMPLOYfTt&'LWBArIY TORT/LIMITS ER ELEAVIIACCIDEAT EL DISPASE•EA PLO 16010FAII•POLICYLNR OTHER DESCRIPTION OF OPERIONINS&DCJITID NICLF.3IF.x SIONB ADDED BY ENDORSEMENT/SPE B Certificate holder, its officers,agents and employees are included as additional insureds Coverage is primary&non-contributory. CERTIRCATEHOL ER I I ACUM0r 1NEULED:INSURER LETTER: 9 CANCELIAT10N NAME&ADDRESS SHOULD OF THEABOVEOE&ORMD PO LITEs r/ANCELLEO BEFORE THE City of Palm Springs W(PIRATION DATE'WEREOF,THE ISSUING COAIPANY WILL MAIL Department of Public Works -2L-DAYS WRR EN NOTICE70 THE CERTIFICATE HOLDER NAMED TO THE Lr;'r AIM: Marcus Fuller 3200 Tahquitz Canyon Way Palm Springs, CA 92262 AUTHORIVID REPREgENTATrIG BAlyweldwymPn 21�1a0,f'11uma.aA ACORD 25-8(7197) ©ACORD CORPORATION IOBB 10/06/2003 15:58 FAX 760 323 8207 CITY OF PALM SPRINGS 0 003 • OCT-06-2063 16155 AON RISK SVC5 503 295 1015 P.03/08 COOIINIERCIAl. 6'Mmm LIABILITIFPR071MON tia lful COVERAGE SUMMARY This Coverage Summary shows the limits of coverage that apply to your Commercial General Liability Protection. It also lists those epdorsementa. If any, that must have certain information shown for them to apply. Limits Of Coverage General total limit 5 24000,000 Products and completed work total limit $ 2,000,000 Personal injury r each person limit $ 1.000,000 Advbrllsing injury each person llmtL $ 1,g00,060 Each event Ilmlt $ 1,000,000 Premises damage limit_ $ too;000 Med/eel expenses.limit. $ IO,000 Flamed Endorsement Table Important Note: Only endorsements that must have certain information shown for them to apply are named In this table. The required Information follows the name of each such endorsement. Other endorsements may apply too. If so, they're listed on the Policy Forms List. Described Person, or organization Endorsement - Addl Prot Persons Person or Organization All parsons or organizations as required by written contract and to whom Certificates of Insurance have been issued and'are on file 'with the Company. Described Professional Services Exclusion Endorsement Description Of Professional Services Any professional engineering, consulting services provided by 'or on behalf of the named insured. Name of Insured Palley Number CK08701784 DAVID EVANS AND ASSOCIATES, INC ''4711'0 ReV,-112ae•Pr'Irrtadmrrrarq---- 10/06/2003 15:59 FAX 760 323 8207,. CITY OF PALM SPRINGS Q 004 OCT 06-7003 16,56 RON RISK SVCS 503 295 1015 P.04108 DFSCRION PERSON OR OR13MIZATION ENOORSENIENT — TMSIi9trl ADDITIONAL PROTECTED PERSONS This endorsement changes your Commercial General Liability Protection. How Coverage Is Changed We explain what we mean by your work in the Producta and completed work total limit The following Is added to the Who Is Protected section. Under This Agreement section.This change adds certain protected persons and limits their protection. Other Terms Descrihedpersah or argaultatlal6 The pardon er All other terms of your policy remain the some. organization shown in the Coverage Summary as a described person or organization is a protected person. But only for covered injury or damage that results from; •premises you own, rent or lease;-or *your work. r� 43$66 Ed,7-95 printed in U.S.A. Enderaement ...... oSt.Paul Fire and Marine Insurance Co.tgsa Pismo t of 1 10/06/2003 16:00 FAX 760 323 8207 CITY OF PALM SPRINGS BOOS OCT-06-209S 16:56 PON RISK SVCS 503 295 1015 P.05/08 p AD RIUQITIONAL RDTECTED PERSONS RSEII�NT — FOR TM'$1Fhtd . Thlar endorsement changes your Commercial General Liability Protection. Haw Coverage Is Changed • bodily Injury or property damage covered by this agreement that happens after that The following is added to the Other written contract was made; or Insurance section, This change broadens . personal injury or advertising injury coverage for certain additional protected covered by this agreement that's caused persons. by an offense committed after that written If you've specifically agreed in a written contract wee made, contract,that this agreement must be primary Described additional protected person to and non-contributory with other Insurance Issued directly to a described additional means any person or orgipnlxatlon, other than protected parson, we won't share with that you, who: other insurance any damages incurred by a qualifies as a protected person under this that described additional protected person agreement; and for. is named or described below, -Name or description: All persons or organizations as required by written contract and to Whom Certificates of insurance have been issued and on file with-the company. Other Terms All other terms of your policy reinaln the same. Name of Insured Polley NOmber CK08701784 DAVID EVANS AND ASSOCIATES, XNC G0435 Ed, 4-00 Printed in U.S.A. Endorsement eSr.Pnul Fire and Marine Insurance Co, 2000 All Rights Reserved Page t of 2