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HomeMy WebLinkAbout04669 - KEITH COMPANIES TOPOGRAPHIC SURVEYING CONVENTION CENTER CP02-27 Keith Companies Topographic Surveying AGREEMENT #4669 Amend 1 FIRST AMENDMENT TO CONTRACT SERVICES AGREEMI CM signed 6-6-03 WITH THE KEITH COMPANIES, INC. FOR TOPOGRAPHIC AND BOUNDARY SURVEYING SERVICES CITY PROJECT NO. 02-27 The following articles of Agreement No. 4669 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Sixteen Thousand Three Hundred Twenty-Nine Dollars ($16,329.00). SECTION 2.2 is amended to read Contractor shall be paid $16,329.00. EXHIBIT A is amended as follows: Add the following: Task 3 - Calculate areas of construction. EXHIBIT C is amended as follows: Add the following: Task 3 - Construction area calculations; Lump Sum Fee: $954 Amend the total contact amount to $16,329.00. Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 4669 remain in full force and effect ATTEST: CITY OF PALM SPRINGS, a municipal corporation �v ))�l <:� 11�� <'�' BY City Clerk City Manager AgreeinentAmer/under $25,000 I.eviewed and approved by Procurement & Contracting Initials Date P.O.Nuonbe /lF=,1};,1,�,�•4)� %4i,+lil'�" l�,'u� III"E�,� �-Jl it t( l^:;l�,f'F:fie�g3n��"F;i" NIf) ra ' IId lu o � CONTRACTOR, The Keith Companies, Inc. (Check one: _Individual_Partnership X Corporation) l By: i — Signature(Notarized) Print Name&Title Signature (Notarized) Gary C. Campanaro PPPROMftitle Mailing Address: 73-733 Fred Waring Drive, Suite 100 Palm Desert, CA 92260-2590 Corporations require two signatures: One from each of the Following: A. Chairman of Board, President, any Vice President: AND B. Secretary, Assistant Secretary, Treasurer,Assistant Treasurer,or Chief Financial Officer). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT III of �34 L If"' State of California ss. County of ley A) On before me, L`rxU-,,L( Pill 01l)sj mjtzi_l�'l /I Dal. Name and Title of Officer(a g:'Jane Doe,NrIaL,PLI,10� personally appeared OL,I Y)Of l'C) Name(s)of S[,aFa J I;71 4personally known to me El proved to me on the basis of satisfactory p, evidence off o" to be the person(s) whose name(s) -is/are .` M subscribed to the within instrument and . acknowledged to me that-he/she/they executed L,)) COMMI111111111111111011#hdft 14 5M 17 the same in -his/her/their authorized Nokry -C Own"C� capacity(ies), and that by his/her/their *wy signature(s) on the instrument the person(s), or mvemm-EWMMOV7. the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S,,nai,.of Nora,Pubho OPTIONAL Jl Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Oai_j IiJ I�� P1 Title or Type of Document Document Date: 1"V (r_CA_ II Number ofPages: Signer(s) Other Than Named Above: V'11�JAk_ JJ fCj it Capacity(les) Claimed by Signer Signer's Name: Vj Individual Top of thumb here 0, 'k". U orporateOfficer—Title(s): 'A l6i 0 -1 G neral Pa ner-01-1111"Ied a [I El Attor -in-Fact I 11 Trustee 11 Guardian or Conservator { L)I L1 Other: Signer Is Representing: 0 1999 40.1al N.WryM�acchan-9350 De Safe Ave,PO Box 2402-Chalsivorth,CA 91313 2402-vivomnallonalnotar,mg Prod.No 5907 Roonfor.Dal Tol Fac 1 800 B76 OU27 The Keith Companies Topographic Surveying AGREEMENT#4669 CM Signed, 3-15-03 CITY OF PALM SPRINGS Public Works and Engineering Department _ ___ ___— — -- -- CONTRACT SERVICES AGREEMENT FOR PALM SPRINGS CONVENTION CENTER EXPANSION, PHASE II TOPOGRAPHIC AND BOUNDARY SURVEYING CITY PROJECT NO. 02-27 THIS CONTRACT SERVICES AGREEMENT(herein"Agreement")'s made and entered into this day of 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City")and The Keith Companies, Inc., (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and 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 of competent jurisdiction. 1.3 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. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the Schedule of Compensation attached hereto as Exhibit B and incorporated herein by this reference, but not exceeding the maximum contract amount of Fifteen Thousand Three Hundred Seventy-Five Dollars ($15 375.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid $15,375.00. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Russell Mullins is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Marcus Fuller is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified FS2\276A099999-3000A2022693.2 .08/22196 herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at anytime or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 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 a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations. The General Liability Policy shall name the City of Palm Springs, its officers, employees, and agents, 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 such amount as will fully comply with the laws of the State of California and which will include $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 injury and property damage, Said policy shall include coverage for owned, non- owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of$1,000,000 if contract has professional liability exposure, as may be required in Exhibit "A", Scope of Services. All of the above policies of insurance shall be primary insurance. 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 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of FS2\276\099999-3000\2022693.2 m08122/95 Revised 09/01/98 Insurance or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 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 3.3 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. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein _claims or liabilities_) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'fees incurred in connection therewith; (b) Contractor will promptly pay any judgment 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 is 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. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until December 31, 2003. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time,with or without cause, upon thirty (30) days'written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or rS2\276\099999-3000\2022693.2.08122195 Revised 09/01/98 services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 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 ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion,se(, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 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. 6.4 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, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 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. 6.6 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. 6.7 Severability. In the event that part of 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 portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless F52\27bM99999.3000\2022693.2 -08/22/95 Revised 09/01/98 the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting 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. 6.9 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,whether or not the matter proceeds to judgment. 6.10 Corporate Author. 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. FSZ276\099999-30M2022693.2 .08/22/95 Revised 09/01/98 IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS, a municipal corporation City Manager ATTEST: J B City Clerk pp Agreement e4*r/under $25,000 Reviewed and approved by Procurement & Contracting Initials Date P.O. Number F52\276\099999-3000\2022693.2 m08/22/95 Revised 09/01/98 l:�� .� � ...':'n h.., � . - ', •.. .�. ..,i.'.m.. .... .,.�".��.._,�,.. � — ', . .. ., � �.1 ����r. CONTRACTOR, The Keith Companies, Inc. (Check one: _Individual_Partnership T Corporation) t Elm.N!r Print Name&Title By: ignature otarize�dd)) Print Name&Title Mailing Address: 73-733 Fred Waring Drive, Suite 100 Palm Desert, CA 92260-2590 (END OF SIGNATURES) (Corporations require two signatures: One from each of the Following: A. Chairman of Board. President, any Vice President:AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). F52\276\099999-3000\2022693.2 .08122/95 Revised 09/01/98 State of California I RIGHT THUMBPRINT(Optional) County of On I`�•'�-i'-''Bi''%'? before me, (!;)i6,6t-.f'., , (DATE) INAME/TITLE OF OFFICER i.e.'JANE DOE,NOTARY PUBLIC') personally appeared C' 1 v I r 6 '_ — j 4r (NAME(SI OF SIGNER(S)) CJP CITY CLAIMED BY SIGNER(S) 1 ' ❑IN[ IVIDUALIS) ❑CORPORATE a! q personally known to me -OR- ❑ -npfe ed t -.-io e-_.onthe OFF) ERIS) basis--of—satisfac-tory F (TITLES) -evidence to be the oPARYVER(S) ❑LIMITED persons) whose name(s) Id ❑GENERAL 4s-/are subscribed to the OATrO NEY IN FACT within instrument and EJTRUST�E(SI acknowledged to me that OGUARD(AN/CONSERVATOR -he/she-/they executed the BOTHER: M,PHILJPS same in -his/her/their { b commission812755,a authorized capacity(ies), gj� " ISOtQ Pubr[c-C011fcmica and that by-h•is-/her/their SIGNER is IEPRESENTING- .'H Orcnge C'OUnh (Name of Parsons)or Entity(ies) i � ,,� � r signature(s) on the 1 I n-n iEEc:r_,r.ley >rrr instrument theperson(s), or the entity upon behalf of which the person(s) ) acted, executed the Ig instrument. RIGHT THU BPRINT(Optional) Witness my hand and official seal. (SEAL) /,` ✓FlLf/t'i� � ��. 9 "IrR" /)"1 �,, i o (SIGNATURE OF NOTARY CAPACITY CLAIM D BY SIGNERIS) ❑INDIVIDUAL(S) ❑CORPORATE ATTENTION NOTARY OFFICERS) The information requested below and in the column to the right is OPTIONAL. (TITLES) Recording of this document is not required by law and Is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED unauthorized document. ❑GEN ORAL y'' �a (' +1 r []ATTORNEY IN FACT THIS CERTIFICATE Title or T e of Document L��'7 r s-td`-'{�J "��� {.'S"'� d �" y �Q;�4-�i.�7 0�, yp „��•' � ❑TRUSTEE(S) MUST BE ATTACHED 1 $,,_�,,, EIGUARDIAN/CONSERiA OR TO THE DOCUMENT Number of Pages � u Data of Document s""p r'S'¢u''°�i ❑OTHER: DESCRIBED AT RIGHT r Signers)Other Than Nerved Above SIGNER IS REPRESENTING: ` p Name of Percon(sl or Entity(i \ 1 i u WOLCOTTS FORM 63237 Rev.3 94 Ipr¢e class 8-2AI 01994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 7 67775 63237 s EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide topographic and land boundary services to the City of Palm Springs for the Palm Springs Convention Center Expansion Phase II, City Project No. 02-27, as follows: Task 1 - Land Boundary Survey (Architectural Land Survey) of Palm Springs Convention Center Property (APN 508-056-018): 1. Show boundary lines, giving length and bearing (including reference or basis) on each straight line; interior angles; radius, point of tangency and length of curved lines. Where no monument exists, set permanent iron pin (monument) or other suitable permanent monument at property corners; drive pin into ground adequately to prevent movement, mark with wood stake; state on the drawing(s) whether corners were found or set and describe each. 2. Confirm or furnish a legal description which conforms to the Record Title Boundaries. Prior to making this survey, the Surveyor shall, insofar as possible, acquire data including, but not limited to, deeds, maps, certificates or abstracts of title, section line and other boundary line locations in the vicinity. 3. Give area in square feet if less than one acre, in acres (to 0.001 acre) if over one acre. 4. Note identity, jurisdiction and width of adjoining streets and highways, width and type of pavement. Identify landmarks. 5. Plot location of structures on the property. Dimension parameters in feet and inches to nearest '/2". State the character and number of stories. Dimension to property lines and other buildings. Vacant parcels shall be noted VACANT. 6. Show encroachments, including cornices, belt courses, etc., either way across property lines. 7. Describe fences and walls. Identify party walls and locate them with respect to property lines. 8. Show recorded or otherwise known easements and rights-of-way; state the owner of right of each. 9. Note possibilities of prescriptive rights-of-way and the nature of each. 10. Note anticipated street widenings. 11. Show individual lot lines and lot block numbers; show street numbers of buildings if available. 12. Show zoning of property; if more than one zone, show the extent of each. Show zoning of adjacent property and property across the street(s) or highway(s). 13. Reconcile or explain any discrepancies between the survey and the recorded legal description. Task 2 - Topographical Survey of Palm Springs Convention Center Property (APN 508-056-018) and other vacant City properties (APN 508-034-012, 508-034-013, 508-034-014, 508-055-007, 508-055-008, and 508-055-009): 1. All lines of levels shall be checked by separate check level lines or on previous turning points or benchmarks. 2. Minimum of one permanent benchmark on site for each four acres; description and elevation to nearest 0.01'. 3. Contours at 1 foot intervals; error shall not exceed one half contour interval. 4. Spot elevation at each intersection of a 50 foot square grid covering the property. F52\276\099999-3002022693.2 m08/22/95 Revised 09/01/96 EXHIBIT "A" SCOPE OF SERVICES (CONTINUED) 5. Spot elevations at street intersections and at 50 feet on center on curb, sidewalk and edge of paving including far side of paving. If elevations vary from established grades, state established grades also. 6. Plotted location of structures, above and below ground, man-made (e.g. paved areas) and natural features; all floor elevations and elevations at each entrance of building on the property. 7. Location, size, depth of water and gas mains, central steam and other utilities, including, but not limited to, buried tanks and septic fields serving, or on, the property. 8. Location of fire hydrants available to the property and the size of the main serving each. 9. Location and characteristics of power and communications systems above and below grade. 10. Location, size, depth and direction of flow of sanitary sewers, combination sewers, storm drains and culverts serving, or on, the property; location of catch basins and manholes, and inverts of pipe at each. 11. Name of the operating authority of each utility. 12. Flood plain, flood level of streams or adjacent bodies of water and analysis of site for potential flooding. 13. Locations of test borings if ascertainable and the elevation of the top of holes. 14. Trees of 3" and over (caliper 3' above ground); locate within 1' tolerance and give species in English and botanical terms. 15. Provide topographical surveying in Autocad R 14 format; provide copies of all field notes and information. Special Requirements: A. The Contractor shall procure and maintain professional liability insurance in a minimal amount of$1,000,000 in conformance with the provisions of Section 4.0 of this Agreement. B. The required scope of services shall be completed within 4 weeks (20 working days) following Notice to Proceed issued by the City. F82M6\099999-3000\2022693.2 m08/22195 Revised 09/01/99 EXHIBIT "B" SCHEDULE OF COMPENSATION Tasks 1 and 2 shall be compensated at a Lump Sum Fee of$15,375.00. Progress payments may be made, upon approval of invoices therefore, for amounts up to a total maximum of 75% of the lump sum fee, prior to completion of the required services. Progress payments may be made no more than monthly, upon approval of invoices by the Contract Officer. F52\276\099999-3000\2022693.2 m08/22/95 Revised 09/01/98 Client#:5791 KEITHCOMP DATE ACORD.. CERTIFICATE OF LIABILITY INSURANCE 2/26/030DIvv) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O.Box 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana,CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURERA Hartford Fire Ins.Co. The Keith Companies, Inc. INSURER s. Travelers Indemnity Co.of Illinois_ John M.Tettemer&Associates INSURER C: United States Fire Insurance Co 19 Technology Drive INSURER D. Security Ins.Co.of Hartford Irvine,CA 92618.2334 INSURER E 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 OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR TYPEOFINSURANCE POLICY NUMBER GATE MMIDO DATE MMIDDIn A GENERAL LIABILITY 57CESOA1665 12/31102 12/31/03 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1000000 CLAIMS MADE YOCCUR INDP.CONTRACTORS MED EXP(Any one person) $10 000 X CONTRACTUAL INCLUDED. PERSONAL&ADV INJURY $1000000 X BFPD,XCU OCP GENERAL AGGREGATE $2 DDD DDD GEN'L AGGREGATE LIM ITAPPLIES PER. PRODUCTS-COMP/OP AGG $2 000,000 POLICY FX JE0 X LOC B AUTOMOBILE LIABILITY P81015313782702 12/31/02 12/31/03 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) —._ ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ — X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Peracod.rt) $ PROPERTY DAMAGE $ (Par accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANVAUTO OTHER THAN EA ACC S AUTO ONLY- AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND 4086150534 12/31/02 12/31/03 XWC OR LIMIT LIMIT OTH- S ER- _-- EMPLOYERS'LIABILITY EL EACHACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYEE $1,000,000 E.L.DISEASE-POLICY LIMIT $1,000,000 D OTHER Professional AEE0700964 12/13/02 12/13/03 $2,000,000 Per Claim Liability $2,000,000 Anil Aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES)EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liab.excludes claims arising out of the performance of prof.services. Re: Palm Springs Convention Center Expansion,Phase II Topographic and Boundary Surveying City Project No.02-27.-City of Palm Springs,its officers,employees and agents are Additional Insured as respects to (See Attached Descriptions) CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: _ CANCELLATION Ten Day Notice for Non-Payment of Pr-,aoh-,,,, SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL%KR4A"XTPMAIL30_DAYS WRITTEN Attn:Engineering Dept. NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,Bx3I5A1ii xxxR7P: AkkViXX P.O.Box 2743 x Palm Springs,CA 92663 NXIMMICIISDIM AUTHORIZED REPRESENTATIVE /,: ACORD 25-S(7/97)1 of 2 #M82643 .-kMK © ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) General Liability.Primary and Non-Contributing coverage applies to GL. Waiver of Suborgation applies to GL&WC. AMS 25.3(07197)2 of 2 #M82643 POLICY NUMBER: 57CESOA1665 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART . SCHEDULE Name of Person or Organization: City of Palm Springs Attn: Engineering Dept . P.O. Box 2743 Palm Springs, CA 92663 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Name of Person or Organization Continued: its officers, employees and agents PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE NIAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S) , BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CG 20 10 11 85 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. 4086150534 Issuedto: The Keith Companies, Inc. By: United States Fire Insurance Co. Premium (if any)TBD We have a right to recover 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 from 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 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Palm Springs Person or Organization Continued: its Attn: Engineering Dept . officers, employees and agents P.O. Box 2743 Palm Springs, CA 92663 Powf" WC 04 03 06 Countersigned by-----__ ---------------------------------- (Ed.4-84) Authorized Representative