HomeMy WebLinkAbout04766 - TKD ASSOCIATES VISITOR CENTER MONUMENT SIGN DESIGN LANDSCAPE P ge: 4
Report: Expired Contracts: Oldest Date= / / and XREF=COMMUNITY& ECONOMIC -Summary January 8, 2004
Contract Number Description Approval Date i do Date qCId Date
A4766 Landscape Services Palm Springs Entry Monument Sign 09/11/2003 11 01/2003iContractor :T K D Associates Insurance Status:
XREF: COMMUNITY& ECONOMIC DEVELOPMENT
Service: In File
+ END OF REPORT' * * *
V;
TICD Associates
First Amendment
Monument Sign Design
Agreement#4766
CM signed 8-19-04
FIRST AMENDMENT TO CONTRACT SERVICE AGREEMENT - - —
BETWEEN THE CITY OF PALM SPRINGS AND T.K.D. ASSOCIATES, INC.
This First Amendment to the Contract Service Agreement between the City of Palm Springs and
T.K.D. Associates, Inc. is made effective as of August 15, 2004 as follows:
1. The contract is extended for a one year period, expiring August 15, 2005.
2. The contract amount is increased an additional $7,800 for a total contact amount of
$20,700.00.
All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as
of the date written above.
Contractor:
rthomas K. Doczi
City of Palm Springs
a municipal corporation
By:
City Manager
Attest:
City Clerk
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FROM FAX NO. Aug. 06 2004 11:58RM P2
T.K.D.Assaciahs,Inc.
2121 E.TAHQUr1L CANYON WAY,SUITE T
PALM SPRINGS,CALIPURNIA 92262
TELEPHONE:760 320-8899
FAX:760 327.8575
LANDSCAPE ARCHITECTURAL
SERVICES AUTHORIZATION FORM aMAIu Taa�IxaS°w""s•�m
Addendum 1
August 5, 2004
Project Name: Palm Springs Entry Sign
Palm Springs, CA 92262
Client: Mr. John Raymond
City of Palm Springs
Community and Economic Development Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Our firm has been requested to perform additional design services in regard to your
project. These services are:
Scope of Services:
PRELIMINARY PLANS:
Revise Entry Sign Location
Revise Entry Sign Details
Revise Entry Sign Wall
Review with Design Committee's
CONSTRUCTION DOCUMENTS
Revise Layout Plan
Revise Construction Details and project Specifications
Revise Planting Plan
Revise Irrigation Plan
Revise Lighting Plan
Project Meetings
Fee: Hourly not to Exceed $ 7,800.00
Reimbursable Expenses:
Blueprints, Plotting, Copies, Facsimiles, Travel
Long Distance Phone
Hourly Fee Schedule:
Landscape Architect $140.00/hour
Designer 95.00fhour
Draftsperson 55.00/hour
Computer Time (CADD) 75.001hour
Secretarial 22,50/hour
Approved By: tv Date:
lP
uthoriz Signature
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FROM FAX NO. Aug. 13 2004 11:20AM P3
7 Sue.",
I
Palm Springs Entry Sign
Addendum 1
Hourly Cost Breakdown
August 12,2004
PRINCIPAL CARD OUTSIDE
SCOPE OF SERVICES HOURS HOURS SECRETARIAL CONSULTANTS
$140.00 $96.00 $22.50
PRELIMINARY PLANS
Revise Entry Sign Location 3 4
Revise En Si n Details 1 2
Revise Entry Sign Wall 1 2
Review with Design Committee's 2
CONSTRUCTION DOCUMENTS
Revise La out Plan 2 4
Revise Construction Details and
Project Specifications 2 6 4
evise Plantin Plan 1 3
Revise Irri ation Plan 1 4
Revise Lighting Plan 1 3
Project Meetin s 8
Total Hours 22 28 4
$3,080.00 $2,660.00 $90.00 $2,000,00
I
TKD Associates
Monument Sign Design
CITY OF PALM SPRINGS AGREEMENT #4766
CM signed 9-15-03
CONTRACT SERVICE AGREEMENT _- --- -- -- - - -
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this 15th day of August, 2003, by and between the CITY OF PALM SPRINGS, a municipal
corporation,(herein"City")and T.K.D.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 City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of
first class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's
proposal or bid which shall be incorporated herein by this reference as though fully setforth herein.
In the event of any inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation
to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against any such
fees,assessments,taxes,penalties or interest levied,assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a) has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed and (c)fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has, or will,
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder, Contractor shall
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer.
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written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans, studies and/or other components thereof to prevent losses or damages,
and shall be responsible for all such damages, to persons or property, until acceptance of the work
by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care
and diligence to perform their respective obligations under this Agreement. Both parties agree to
act in good faith to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the performance
of the services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Services or make changes by altering, adding to or deducting from said work. No such
extra work may be undertaken unless a written order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or
$25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may
be approved by the Contract Officer. Any greater increases,taken either separately or cumulatively
must be approved by the City Council. It is expressly understood by Contractor that the provisions
of this Section shall not apply to services specifically set forth in the Scope of Services or
reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the
services to be provided pursuant to the Scope of Services may be more costly or time consuming
than Contractor anticipates and that Contractor shall not be entitled to additional compensation
therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the "Special Requirements"attached hereto as
Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the provisions in Exhibit "B"
shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Fourteen Thousand Eight Hundred Thirty Five and no/100 ($14,835.00) (herein
"Contract Sum"), plus reimbursable expenses, except as provided in Section 1.8. The method of
compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance
with the percentage of completion of the services, (iii) payment for time and materials based upon
the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the
Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
Compensation may include reimbursement for actual and necessary expenditures for reproduction
costs, telephone expense, transportation expense approved by the Contract Officer in advance,
and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum
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2.2 Method of Payment. Unless some other method of payment is specified in
the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no
later than the first (1')working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of the
invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than the last working day
of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance, Contractor shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s)established in the"Schedule of Performance" attached hereto as Exhibit"D", if
any, and incorporated herein by this reference. When requested by the Contractor, extensions to
the time period(s) specified in the Schedule of Performance may be approved in writing by the
Contract Officer but not exceeding one hundred eighty(180) days cumulatively.
3.3 Force Majeure. The time period(s)specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be extended because
of any delays due to unforeseeable causes beyond the control and without the fault or negligence
of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually
severe weather,fires,earthquakes,floods,epidemics,quarantine restrictions, riots,strikes,freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer
in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent
of delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Contractor be entitled to recover damages against the City for any delay in the performance of this
Agreement,however caused,Contractor's sole remedy being extension of the Agreement pursuant
to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one(1)year from the date hereof,except as otherwise provided in the Schedule
of Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection therewith:
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
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For purposes of this Agreement, the foregoing principals may not be replaced nor may their
responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the
City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge,capability and reputation of Contractor, its principals and employees were a substantial
inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with
any other entity to perform in whole or in part the services required hereunder without the express
written approval of the City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,
whether for the benefit of creditors or otherwise, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more than twenty five percent (25%) of the present ownership and/or control of
Contractor, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Contractor or any surety of Contractorof any liability hereunder
without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to
Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In
requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have
been made or that no Local Subcontractors are qualified to perform the work. Said good faith
efforts may be evidenced by placing advertisements inviting proposals or by sending requests for
proposals to selected Local Subcontractors. The City may consider Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor shall keep evidence
of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
4.4 IndeoendentContractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein,except as otherwise set forth herein. City shall have no voice
in the selection, discharge, supervision or control of Contractor's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service. Contractor
shall perform all services required herein as an independent contractor of City and shall remain at
all times as to City a wholly independent contractorwith only such obligations as are consistentwith
that role. Contractor shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. City shall not in any way or for any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
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5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain,at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A 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 City of Palm
Springs 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".
All 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 City, its officers, employees and
agents, and their respective insurers. In the event any of said policies of insurance are canceled,
the Contractor shall,prior to the cancellation date,submit new evidence of insurance in conformance
with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall
commence until the Contractor has provided the City with Certificates of Insurance, endorsements
or appropriate insurance binders evidencing the above insurance coverages and said Certificates
of Insurance, endorsements, or binders are approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting
in any way the extent to which the Contractor may be held responsible for the payment of damages
to any persons or property resulting from the Contractor's activities or the activities of any person or
person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the
subcontractor to maintain the same polices of insurance that the Contractor is required to maintain
pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents
and employees against, and will hold and save them, and each of them, harmless from any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work, operations
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or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or
arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part of the City,
its officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay anyjudgment rendered against the City,
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 City, its
officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees are made a
party to any action or proceeding filed or prosecuted against Contractor for such damages
or other claims arising out of or in connection with the negligent performance of or failure to
perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay
to the City, its officers, agents or employees, any and all costs and expenses incurred by the
City, its officers, agents or employees in such action or proceeding, including but not limited
to, legal costs and attorneys'fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,Contractor
shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form
provided by the City, which secures the faithful performance of this Agreement, unless such
requirement is waived by the Contract Officer. The bond shall contain the original, notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force during the entire
term of the Agreement and shall be null and void only if the Contractor promptly and faithfully
performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Suretv. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in California,
rated "A" or better in the most recent edition of Best`s Key Rating Guide or in the Federal Register,
unless such requirements are waived by the City Manager or designee of the City Manager due to
unique circumstances. In the event the City Manager determines that the work or services to be
performed under this Agreement create an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 5 may be changed accordingly upon receipt of written notice from the City
Manager or designee; provided that the Contractor shall have the right to appeal a determination of
increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of
notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as the
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Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned
about the cost of work and services to be performed pursuant to this Agreement. For this reason,
Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or
events that may or will materially increase or decrease the cost of the work or services contemplated
herein or, if Contractor is.providing design services, the cost of the project being designed,
Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event
and the estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such
books and records as shall be necessary to perform the services required by this Agreement and
enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall
have full and free access to such books and records at all times during normal business hours of
City, including the right to inspect, copy, audit and make records and transcripts from such records.
Such records shall be maintained for a period of three (3)years following completion of the services
hereunder, and the City shall have access to such records in the event any audit is required
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees, subcontractors and agents
in the performance of this Agreement shall be the property of City and shall be delivered to City upon
request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no
claim for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership of the documents and materials hereunder. Any use of such completed
documents for other projects and/or use of uncompleted documents without specific written
authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and
the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain
copies of such documents for its own use. Contractor shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment to City any documents
or materials prepared by them, and in the event Contractor fails to secure such assignment,
Contractor shall indemnify City for all damages resulting therefrom.
6.4 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. 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
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provisions of this Section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's right to take legal
action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the
Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any
amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the
payment of which may be in dispute hereunder or which are necessary to compensate City for any
losses,costs, liabilities, or damages suffered by City, and(ii)all amounts forwhich City may be liable
to third parties, by reason of Contractor's acts or omissions in performing or failing to perform
Contractor's obligation under this Agreement. In the event that any claim is made by a third party,
the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall
appear to be the basis for a claim of lien, City may withhold from any payment due, without liability
for interest because of such withholding,an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party requiring the party's consent or approval
shall not be deemed to waive or render unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver
of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement,the rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies,either party may take
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief,
or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any delay
in performance of this Agreement would be extremely difficult or impractical to determine in the event
of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the
City the sum of ($ -0- ) as liquidated damages for each working day of delay in the
performance of any service required hereunder,as specified in the Schedule of Performance(Exhibit
"D"). The City may withhold from any monies payable on account of services performed by the
Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for termination
for cause. The City reserves the right to terminate this Agreement at anytime,with or without cause,
upon thirty(30) days written notice to Contractor, except that where termination is due to the fault
of the Contractor, the period of notice may be such shorter time as may be determined by the
Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any
time,with or without cause, upon sixty(60)days written notice to City, except that where termination
is due to the fault of the City, the period of notice may be such shorter time as the Contractor may
H:\USERS\CVH%DATA\DOCUMEN-RTKD Contract Service Agreement 5-12-03.wpd
determine. Upon receipt of any notice of termination,Contractor shall immediately cease all services
hereunder except as may be specifically approved by the Contract Officer. Except where the
Contractor has initiated termination, the Contractor shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or as may be approved
by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to this
Section,the terminating party need not provide the non-terminating party with the opportunity to cure
pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated(provided thatthe Cityshall
use reasonable efforts to mitigate such damages), and City may withhold any payments to the
Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously
stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall
include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be
entitled to all other reasonable costs for investigating such action, taking depositions and discovery
and all other necessary costs the court allows which are incurred in such litigation. All such fees shall
be deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-IiabilityofCity Officers and Employees. No officer or employee of the City
shall be personally liable to the Contractor, or any successor in interest, in the event of any default
or breach by the City or for any amount which may become due to the Contractor or to its successor,
or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation of
any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, byandforitself,
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.
H:\USERS\CVH\DATA\DOCUMENT\TKD Contract Service Agreement 5-12-03.wpd
-g-
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City,
to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box
2743, Palm Springs, California 92263. 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 Severabilitv. 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)
MUSERSICMDATATOCUMENTUM Contract Service Agreement 5-12-03.wpd
-10-
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date
first written above.
CITY OF PALM SPRINGS
ATTEST — i a municipal corporation
r
City Clerk )V/ 7�t City Manager A
j t�.va•eefrsereR-over-F+sta�r 9i2 ,0£t®
APPROVED AS T�M
i d
✓' t�.ev0esve�3 and approved by
Procurement S-' CttrftractDrig
✓City Attoyney / 7 eeo.
gA'',/ �. . Naaa�aR�er
CONTRACTOR: Check one:_Individual_Partnership_Corporation
Corporations require two not3dz9d, gnatures: One signature must be from the Chairman of B ard, President,or any Vice President.
The second signature mG t be,•iro the�ecretary,Assistant Secretary,Treasurer,As '"tan a re surerr Chief Financial Officer).
�
d '
By: d'� I By: ✓, l/A.
Notarized Signature of C�� irman of Board, Notarized{�ignature Secret ry`,Asst Secretary,
Presi nt or any Vj(e Preside�int6 Treasurer /st treasurer ohief Financial Officer
Name: Name:
Title: �' l®0� Title: siC__A 111 -
State of L',✓1,y G42rUr1dr- 1 State of csi"Gl i—*kNr%a- 4
County ofrl2n/E2Sr0 �Iss Countyof /c'r✓FASiDE Iss
On JAX a3 beforeme, �6/ji,r/s: !� LJ�/'n/>=L, On /y 03 before me, 9441"
personally appeared personally appeared /<.
personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of
satisfactory evidence)to be the personowhiose namef�is/arc satisfactory evidence)to be the person(whose namefe)is/are
subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me
that he/sheAI;W executed the same in his/heFAheir authorized that he/sheAhey executed the same in hisAwltheir authorized
capacity('res), and that by his/her{their signature(g) on the capacity(les), and that by his/her{their-signature(rsl on the
instrument the person�v)' or the entity upon behalf of which the instrument the person(pr),or the entity upon behalf of which the
personO acted,executed the instrument. person sf acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature Notary Signature:
Notary Seal: Notary Seal:
ELAINE A.WAZNEY ,,-.. ELAINE A.WAZNEY
'a, Commission M 1290035
Commission S 1290035 zW :_W - Notary Public-California _
-i Notary Public-California q Riverside County
Riverside County Comm.Expires Feb 7,2005
My Comm.Expires Feb 7,2005
�rFhi r "tf !tif'alk s, 1, 0, 6A
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�}:,�i•� . TAN¢r'1f`"IR'^'�P"iR.<'"�n'"M�Mlawn'}
EXHIBIT"A"
SCOPE OF SERVICES
Contractor will provide landscape architectural services for the Palm Springs Entry Monument Sign
and coordinate the design with the proposed Visitor Center project. The project construction budget
shall not exceed $80,000.00.
Design Development Phase
With the intention of developing a schematic design that meets the Public Arts Commission's
objectives and project budget, the design development phase shall include the following:
• Review existing site conditions and the proposed Visitor Center master plan
• Discuss project budget and priorities with staff and Commission Subcommittee
• Update conceptual design concept with the Visitor Center landscape architect
• Review design concept with City prior to preparing plans and specs
• Review any changes with the City
• Prepare preliminary cost estimate
Preliminary Plans and Deliverables
With the intention of creating a set of design documents suitable for obtaining all necessary city
approvals, the Contractor shall produce the following:
• Wall and signage layout
• Master landscape plan and plant palette
• Design details of new entryway sign
• Color presentation plans for review
Construction Documents
With the intention of creating a set of design documents suitable for use in bidding the project as a
Public Works Project, the Contractor shall produce the following:
• Site layout and construction details
• Planting plan
• Irrigation plan
• Landscape lighting plan
• Planting and irrigation details
• Project specifications
• Construction bid documents adequate for the public bidding process.
Construction Observation
With the intention of ensuring the finished project meets the specifications of the Contractor and the
Commission, the Contractor shall provide the following:
• On-site review of irrigation installation
• On-site review of plant material layout
• On-site review of wall and sign layout and installation
• Preliminary walk-through and punch list
• Final walk-through and punch list
-12-
HAUSERS\CWTATAMOCUMENT\TKD Contract Service Agreement 5-12-03 wpd
EXHIBIT "B"
SPECIAL REQUIREMENTS
Contractor has been hired to perform the services described in the Agreement, which include the
creation of one or more designs, drawings, or plans ("Designs"). Contractor acknowledges the City
has budgeted the amount of eighty thousand dollars ($80,000) for the construction phase of the
Project which includes any construction management fees("Construction Budget"). Contractor shall
be responsible to do Project estimating to create Designs which will enable the project to be
constructed within an amount which shall not exceed the Construction Budget by more than ten
percent (10%). Should City solicit bids for construction of the Project, as such Project has been
designed by Contractor, and the lowest responsible bid plus any construction management fees
exceed the Construction Budget by more than ten percent (10%), Contractor agrees to revise the
previous Designs, or to create new Designs, so that a new price can be negotiated orthe project can
be re-bid so that the Project does not exceed the Construction Budget by more than ten percent
(10%). Notwithstanding the foregoing,Contractor is not responsible for changes in the Project scope
initiated by City and all such changes shall include appropriate mutually agreed changes to the
Construction budget, as are further set forth in Section 1.8 of this Agreement.
Section 5.1 Insurance This section is amended as follows:
5.1 (a) Commercial General Liability Insurance - Required insurance coverage
amended to $500,000 per occurrence and $1,000,000 general aggregate.
5.1 (c) Business Automobile Insurance - Required insurance coverage amended to
$500,000 for non-owned and hired cars.
Section 5.2 Indemnification. This entire section is hereby replaced with the following:
5.2 City Held Harmless - General Liability. Except for the sole negligence of City,
Contractor undertakes and agrees to defend, indemnify and hold harmless City, and
anyand all of City's Boards,officers,employees,and successors in interest,from and
against all suits and causes of action, claims, losses, demands and expenses,
including but not limited to, reasonable attorney's fees and reasonable costs of
litigation, damages(s) or liability of any nature whatsoever, for death or injury to any
person, including Contractor's employees and agents, or for damage to, or
destruction of, any property of either party hereto, or of third persons, in any manner
to the extent arising by reasons of the acts or omissions in the performance of this
Agreement on the part of Contractor, or any of Contractor's subcontractor's,
employees, or anyone for whom Contractor has obligated itself under this Contract,
whether or not contributed to by any act or omission of City or any of the City's
Boards, officers or employees.
5.25 City Held Harmless - Professional Liability. Contractor undertakes and agrees
to indemnify and hold harmless City, and any and all of City's Boards, officers and
employees, from and against all losses and expenses, including, but not limited to,
reasonable attorney's fees and reasonable costs of litigation, damage(s)or liability of
any nature whatsoever, for death or injury to any person, including Contractor's
employees and agents, or for damage to, or destruction of, any property of third
persons, in any manner to the extent caused by the negligent acts or omissions in
performance of the professional services under this Agreement on the part of
Contractor.
Section 5.3 Performance Bond. Performance Bonds are hereby waived.
-13-
HAUSERSICVH\DATA\DOCUMENTTKD Contract Service Agreement 5-12-03.wpd
Section 6.4 Release of Documents. The following is added to this section:
However, upon City approval of the final design and scope of work,the Contractor shall have
rights pursuant to Section 6.5.
Section 6.5 Authorship of Documents. The following section is added:
Section 6.5 Authorship of Documents. City acknowledges the intellectual content of the
design prepared by Contractor pursuant to this Agreement has marketing and promotional value.
Therefore,the Contractor shall have the right to include photographic and/or artistic representations
of the design of the Project among the Contractor's promotional and professional material. The
Contractor shall be given reasonable access to the completed Project to make such representations.
However, the Contractor's material shall not include the Owner's confidential or proprietary
information if the Owner has previously advised the Contractor in writing of the specific information
considered by the Owner to be confidential or proprietary. The Owner shall provide professional
credit for the Contractor in the Owner's (and all other City Agencies) promotional materials for the
Project.
Section 9.8 Construction Means and Methods. The following section is added:
9.8 Construction Means and Methods. Contractor shall not have control over or charge
of and shall not be responsible for construction means, methods,techniques,schedules,sequences,
procedures, fabrication, procurement, shipment, delivery, receipt or installation, or for safety
precautions or programs in connection with the work provided by the construction contractor or its
subcontractors since such are solely the construction contractor's and its subcontractor's
responsibility under the contract for construction. Contractor is not responsible for the construction
contractor's or its subcontractor's failure to carry out the work in accordance with the Contract
Documents.
-14-
H:USERSWHDATAMOCUMENTTM Contract Service Agreement 5-12-03.wpd
EXHIBIT"C"
SCHEDULE OF COMPENSATION
Contractor shall be compensated in an amount not to exceed $12,900, plus reimbursable expenses
not to exceed $1,935 or 15% of the project cost. Reimbursable expenses include travel, blueprints,
plotting, copies and deliverables.
Contractor shall be paid for services based on the following schedule:
Design Development $2,600 September 30, 2003
Preliminary Plans $3,200 October 30, 2003
Construction Documents $7,100 November 30, 2003
Site Observation work shall be paid to Contractor based on an hourly fee schedule as follows:
Landscape Architect $120.00/hour
Designer 85.00/hour
Draftsperson 42.50/hour
Computer Time (CADD) 67.50/hour
Secretarial 22.50/hour
Compensation for the above sums shall be billed to the City on a monthly basis, based on the work
completed for the scope of services categories as outlined above.
-15-
MUSEMCMDATATOCUMEN'RM Contract Service Agreement 5-12-03.wpd
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The landscape architectural services shall commence upon the date of the signed Contract Service
Agreement and based on the following schedule:
• Design Development work to be completed by September 30, 2003, or 45 days after signed
contract;
• Preliminary Plans due by October 30, 2003, or 75 days after signed contract; and
• Construction Documents completed by November 30, 2003 or 105 days after signed
contract.
• Site observation work will be on an as needed basis until the project is completed.
It is understood that the foregoing Schedule of Performance is subject to all of the terms and
conditions set forth in the text of the Agreement. The summary of the items of performance in this
Schedule of Performance is not intended to supersede or modify the more complete description in
the text. In the event of any conflict or inconsistency between this Schedule of Performance and the
text of the Agreement, the text shall govern.
-16-
HAUSEMCVMDATATOCUMENTUKD Contract Service Agreement 5-12-03.wpd
ENDORSED
FILED
in 4ha oHica of*e`.¢ra?�ry o4 51-to
j ARTICLES OF INCORPORATION OCT1
a H sae°less5
o c
or MARCH FOND ZW SW-iUlY of Seta
T. K. D. ASSOCIATES, INC. Da�uK/
A California Corporation
1 . The name of this corporation is T. K, D. ASSOCIATES ,
INC .
2. The purpose of this corporation is to engage in
any lawful act or activity for which a corporation may be
organized• under the General Corporation Law of California
other than the banking business , the trust company business ,
or the :pr,acl�ice of a profession permitted to be incorporated
by theCaj.'afornia,Corporations Code.
3 . hq nam� ,and address in this state of this corporation' s
initial agent fox .Service of process is :
Mr , Tom Doczi
980 Tahquitz
Palm Springs , CA 92262
4. This corporation is authorized to issue only one
class of shares , which shall be designated "common" shares .
The total authorized number of such shares that may be issued
is 100 , 000 shares ,
Dated: September 25, 1985
Michael D. Harris, Incorporator
I declare that I am the person who executed the above
Articles of Incorporation, and this in trument is my act and deed,
Michas D. Harris
zd Wdse:2e MOO TZ '6nd 'ON XCd : WO2u
...........
40
Al
........ ........
FROM FAX NO. : Sep. 17 2003 03:16PM P2
,:26 nnT rn.,W: 7...r... racn 0D9 Or OOE
CORD- CERTIFICATE OF LIABIiLITY 9
_INSURANCE 117 3Y)
/17/2003
PRbbueenr FARRELL INSURANCE AGENCY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
77-SID Springfield lane ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite D ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Palm 7724501 CA 92211
760 772.66 INSURERS AFFORDING COVERAGE
lubuneD INSURLR A: Safeco Ins Co Of America
THOMAS DOCZI INSURER B:
770 MEL DR
PALM SPRINGS CA92262 NsurzeRE
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PRRTAIN,THE INSVRANOE AFFORDED BY 7HE POLICIES DESCRIEED HEREIN IS SJBJECT TO ALL THE TERMS, EX,OUJSIONS AND CONDITIONS OF SUCH
POLICIES.ADCREOATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
_90)APA7LTCPEFFECTNE R7CBaAmmm7t6FP-- .—...—._LTA TVPEOFIIJEURANCE POLICY HUNGER I OgTS r,1N1DDIYY CAT61AM:defNY LIMITS
GENERALLIMLAY EACHCCCJRRENCE S _
cOMMERGIAL 3ENERAL LIA9L111' � � FWEDAMAO)m(MvunR lint 15—
-J OIjJI�AE MACE DOGCLR
.,.,......__—____ P_RSONAL;AN INJURY S _
SENNIZAI WE ATE
DE.N%AGGREGATE LIMIT APPLIES PER P;ODJCTg.COPAP/OP qGG E _
POLICY PNo- LOP
AUTONYAUTOi1dL:TV - _
MWISINEC SINGLE LIMIT
ANYAUTO I (Ea gceldanTj ;
ALL OWNED AUTOS`
MQOdLYIHJUM I5 250,000
A SCHEDULEDAUTOG A2363302 71712003 1/7/2004 (P.TwTaoro___
NIR6DAUTOS GOMYINJURY
NON•CN'NECAUTOS L(Paacddgny 3 -- 5061OD0
X rivate Passenger I
—' -- PROPERTYDAMAGE z 100,000
(Pd acddend
OARAOCLIABILITY AJTO ONLY-EA ACCIDENT $
ANY AUTO DTHER THAN EA ACC S
Aim ONLY: AGE S _—
EXCES8LIABILIYY EACH oOwRRENCE $
OCCUR FIOLAIAIS MADE I I AGGREGATE _ IT"5$
DFDUCTIRLE - 1�...,•••••WJ.•`
RETENTICU 5 S
WORKERS COMPENSATION AND ip Lp,I — -I —
EMPLOYERA'UABILITV EL CACHACC 5
EL.QISEABE PJ_SA 4 9M EMPLOYE x
EL DISEASE POLKiYLMIT S
eTHLR
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DEOCRIPTION OF ADDED BY CNDOMMMErMsPEOIAL PROVISIGNS
1 -2001 BMW x6
WBAFAS3561LM66608
CANCELLATION
SHOULDANY OAtneweOVltlL}ibRllLD FODCIEE BL GANOLLLEb BLPdtRT11LOWIMTIOk
DATE THERUOP,THE ISSUING INGURCN WILL ENOSAVOR TO MAIL 30 DAY$WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THU Lp ,BUT FAILURE TO DO SO SHALL
IMPOSE NO OLUCATION OR LIABILITY OF ANY KIND UPON THE WSUR ER,ITS AGENTS CR
RePAMEMAITA7IYE9.
AETHORVID REPRESENTATIVE
�esstru st-uev�tes, st ewt
ACORD 2&5(7197) OACORD CORPORATION 1988
LM.LAW O AD on tl11T/03 PFv 0,1
FROM FAX NO. Sep. 17 2003 03: 17PM P3
9/'7/A3 3:25 Fri; 1%7;(,P '760 1 gas Ca:ro_1 3-tours¢, figanc✓ '!U: A5 7t`7.$ Dew^.: Ong OF ppj
IMPORTANT
If the canhlcate holder Is an ADDI'ltONAI. INSURED, the pollcyrles) roust be endorsed. A statement
on this certificate does not comer riphbs to the certificate holder in lieu cf such endarsemen1s).
If SUBROGATION IS WAIVED, subject to the terms and condlticns of the policy, cortain policies may
require on endorsement. P, statement on this certilicate does not confer rights to the cartllicata
holder in lieu of such endorsement(N)
DISCLAIMER
The Celtificata of Insurance on the reverse aide of this form does not conatitute a contract between
the issuing Insurer(s), authorized ropr"nmSe or producer, and the certifcato holder, nor does it
affirmatively or negatively amend, Mend or atterthe coverage alrorded by the policies listed thereon.
l.M.L'YY 0$Ban&1Y0.15:02 by Vamhkme _P.LPJV r1.e.6 Pr 3/'7/03-15 02 by UaeiNeme PFv1 0.1
CERTIFICATE HOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
AUGUST 28, 2003 GROUP:
POLICY NUMBER: 1509739-2003
CERTIFICATE ID: 23
CERTIFICATE EXPIRES: 08-01-2004
08-01-2003/08-01-2004
CITY OF PALM SPRINGS
ECONOMIC DEVELOPMENT & PUBLIC ARTS ADMINISTRATOR
P 0 SOX 2743
PALM SPRINGS CA 92263-2743 PALM SRINGS ENTRY SIGN PROJECT
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement,term or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies
described herein is subject to all the terms,exclusions,and conditions, of such policies.
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000, 000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2003 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
T.K.D. ASSOCIATES, INC.
2121 E TAHQUITZ CANYON WAY STE 1
PALM SPRINGS CA 92262
SCIF 10262E rEPF-UI:RV 1
CERTIFICA T E OF RtiSUR✓ACE
This Certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
~ ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
iia vn rn�r �ii, ❑ STATE FARN'. LLOYDS, Dallas, Texas
insures the following policyholder for the coverages indicated below:
Policyholder I X u ASSOCIATES INC
Address of policyholder 2121 E TAHQUIT7, CANYON WAY STE 1 PALM SPRINGS, CA 92262
Location of operations
Des r;nr;, r.,— s;
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the terms exclusions, and conditions of ihose policies. The limits of liability shown may have been reduced by any paid
claims.
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period)
Comprehensive BODILY INJURY AND
Business Liability PROPERTY DAMAGE
— — ------------ ----------------
This— insuranc—e includes: ❑ Products— - --------- ------Completed Operations -
❑ Contractual Liability
❑ Underground Hazard Coverage Each Occurrence $
❑ Personal Injury
❑ Advertising Injury General Aggregate $
❑ Explosion Hazard Coverage
❑ Collapse Hazard Coverage Products—Completed $
❑ Operations Aggregate
El
POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit)
❑ Umbrella Each Occurrence $
❑ Other Aggregate $
Part 1 STATUTORY
Part 2 BODILY INJURY
Workers' Compensation
and Employers Liability Each Accident $
Disease- Each Employee$
Disease- Policy Limit $
POLICY PERIOD LIMITS OF LIABILITY
POLICY NUMBER TYPE OF INSURANCE
Effective Date Expiration Date (at beginning of policy period)
90-LA-9596-7 COMML LIABILITY 07/28/03 07/28/04 1 MILLION
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OP ALTERS 1 HE COVERAGE At'F'i UVED BY AMY POLICY DESCRIBED HEREIN.
If any of the described policies are canceled before
its expiration date, State Farm will try to mail a
Additional Insured written notice to the certificate holder 30 days
Name and Address of Certificate Holder before cancellation. If however, we fail to mail such
notice, no obligation or liability will be Imposed on
CITY OF PALM SPRINGS St_- 1-arm r-,r't G Or renresanfrflves
PO BOX 2743 ---
PALM SPRINGS, CA 92263
gnafure of Authorized Represeru ive
OFFICE INANAGEj
Title wry �M HAROLD W BLLW1E:RG,_A*1le
Agent's C e gip License#0318035
m� 35-325 Date Palm Dr.,Suite 108
INSVNANCr Cathedral City, CA 92234
AFO Code Off. (760) 328-3233
558-904 a 4 11-12-2002 Printed in 0 S.A Fax (760) 328-3534