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04617 - COMMERICAL CLEANING SPECIALIST ROADSIDE MAINTENANCE
DOCUMENT TRACKING Page: 9 Report: One Document Detail October 2, 2007 Condition: Document NumberA4617, Document# Description Approval Date Expiration Date Closed Date A4617 Roadside Maintenance Svcs 01/02/2003 12/01/2005 Company Name: Commercial Cleaning Specialists Address: 38180 Del Webb Blvd., P M B47, Palm Desert, CA 92211 Group: PROCUREMENT `l' Service: In File xRef: PROCUREMENT \� Ins. Status: A policy has Expired. Document Tracking Items: Due Completed. Tracking Amount Amount Code Item Description Date Date Date Added Paid M07233 unit rate basis mthly amt$5,752 80 01/02/2003 Not provided by dept 01/02/2003 to cm for sigs 01/31/2003 distribution made to procurement 02/03/2003 Option two 1 year renewals 01/02/2003 distribution to Procurement amendment#2 03/02/2004 MO 7605 Amend 1 $74,220.30 in file 01/05/2005 rack Notes: extend contract for one year- not prov by dept kdh 01/12/05 In File-distrib to dept kdh 01/24/05 `w " END OF REPORT" " ` " J I161 ul  _ li!I JI!III''ll�l'llllll " I PII'"IIIIIII III :;II — - --= III�'l�ll IIIIIIII"Illmllulll'llilll� l— plllllllll; III Vul _ IIIV911Ip°"I „ I (IIIIIIII Vml. - - IIIIIIII IuW IIIIIIIIIIII III I American Contractors Iademn=it�G�oui�any II IIIIIIII IIIIIIIIIII ;,,',III IIIII _ _ — _ — — III,,,,, II IIII ulllllll M _.�Eart Blvd- FTosrr--eles,Ch7iforniF"Ol III i!IIIIIIIIIII' I I'lihlolllll 61 — POWER OF ATT luoOl III"!ry — 9lll pup',IIV!II 'l' KNO ALL MEN�Y = = IIII III — HEFRESENT 41UIIulpup„i IIIIIIIIIIII IIIII  — "Fha� seric�G-sta-.arfndarnity Company ofth�State of California,a California corporation, does hereby appoint, Carla M.Allen of San Diego,California IIIIIIIIIII p°ICI _ _ its true and lawful Attorne s-m-Fact wRhtlLaudroaa — Illllllll �lil��, � lllllh �( � u--_execut ourC behalf hotels, uude akmgs, �Y izaiices and other contracts tp,I�,o;,Il;�demnitya>x iC_mg�lilr atory in 3ia-&MMMssued use course of its business and to bind the Company thereby, in an � nt not t{r�cnc 3,000,000.00********* This Power of Attorneyshalt expire without further action on March IIIIIII��� II�I�IiutlII�l��" 07 J - �� This Power of Attorney is granted and is signed and 11111111 '�ull li�llll ly fiacl M l�pl ll"under and by the autlrority_of thell,,lllll IIIII I I ��' ''�I,I,I III1111l rr adopted�y She3�s r v D ors of ME123C 1N CfT TRAC III Y SI,11.1 ill E� IITYr COMPANYat a meeting duly called and field d hon�VV the 6°i day of "RESOLVED that the ChieJ'Execulive Officer,President or any Vice President Executive 1/1ce Pr esid II ��,,,,,,$$$ r Pd' r Distant Seat�+M- Itnfl M—NOM_ power and authority lllllllhuu,, i,ollll - IIIII ^III ill, 111111 I�I IIIII IIIIIIilrl�l IIIIIIII IIIII IIIIII / �-ap�otFrt zlttoo-rt (sJ-in-Illlht n'id �{itGt��I��FLN�llaena to ezecatte-on behalf-of[he Conapcnay, and attach the seal of the Company rh �,to, IIIIIIIIII iox�asarrrL�imderlc ngs,canh•ac s 01 indemnity and oche nithi cgs obligatory in the.taatursl�oser eaf and - _ I ��"'IIII 'I IIIIIIII IIIIII� 'l 2 To remove, at , f. ttorny Mil autho RESOLD EU ych officerszrrzehe seal of the Company nvay be affiaecf to mzy such Puler of Attorney or ce lrficnte I, relatmg-t/reieto by facsimile, and any such Power of ttorney or certificate hearing such facsimile signatures oriloc nnife seal sl&MMa '- c�reding upon the Company and any such power so executed and certified by facsunile signatures avdfacsmaile real-di€rL(bdwnlid and lamed s azi�7— Many io the future rovith respect to any band or undertaking to which it is - - - I� II IR� IIIIIIIIIII �I iollll � — I. — IN WIC S American Contractors Iitdemnt� ll a� ��N'ca��sed its seal to be affixed hereto and executed b its Chief Execuhll'I IIIIIIgVglYfide l on"I@ II I h� day oMceinber 2003. _ — WMERICA�C _1VTRAUMkS INII hNI '111�,kiIIIIIE, „I PANY cli ',IIIIIIIIIIII Illllil d IVullli lil 'lIII � _ I,II IIII II IIIII I. INCOUMTE0 y Dy - - !I!'i II III II IVpI III SEPT.26,19" .c -- --� __ ,IIIIIIIIIII ',I;I Ili l II IonertllF.T Lomas;Chiet Ezecufive Of I I�I'��� 'IIIIIIII'( IIII IIIIIIIIIII I'II�� I ', I STATE BI=GALH - - -= I' ''Y - _- - IIIiII'I �01JNW E1F9RM� III IIII — �Q1�-OSELEs — § IIIIuIVIIIII �IIIUIIIIIVq, — an this 131 day of December 2003, before,Deborffg—gese��t publi c�-er�on F& _eared Roll V i�Thlo r�iilll t hhief�Executive �'I �i8119IIII�}r �'�an Contretar armompauyy E€aze pero alkuown to-be the individual and officer described herein, and f�iire executed f`megomgrustrument and affixed the seal of said corporation thereto by authority of his office. WITNESSI,IV i I'll� 'IVIII IIII III I - my hand and official seal. IVullll IIIIIIIIIIII"IDEBORAH I _ IIII III 'IIII k r74 Coulomb IIIII III I161r11 llll ' o Fl �� Eo_mm�utor tllomla lMe ofNbit y= _ _ — Cos Angeles County .Ex es - Comm ar 1 007 _..-t+ty — „ L,i, IIIIIIIIII iiliu�� I - M Commission — - ssron Marc r 1 18 2007 Y — — _ I,Jeannie J_Kim Corporate Secretai>wf American CIIIIIII I l lltors �I , I lllnity CosnpTny,do-Ftere6y certify t1N�t l�lk��l iV�I I (,II ,I IA Forney and the Ars9IMOVel by tfr�Boarflilli for of sardlll III any��Iddi No'tth above arc true and correct transcripts thereof and that neither 9RHISSMAR95_M I torri i&Ae resofutron have been revoked and they are now in full forccli cjf t _ IIIIIIIIIII IN WITNESS HEREOF,I have herein I b 7TEI - jVFImm s 3 11' IVN I I I I h�'I III I II IIIIIIIIII��I�I IIIIII IIIIIII IIIIIIIIIII Bond dIIINo 174599 Jeannie J h.immpmat>r�-ecretary n IIIIIIIIIIIIIII enc No:#9003 ,�ulll 111141', a IVoII _ lop III IIIIIII J, —,_g, x __ IIIIII IIIIIII 111 �.�gll ,__ - _ IIIuoI'�I � �IIIIIhudJIIV�I IIII mull I uullll I IIIhI = - ' — - IIIIIIII IIIII �OAl2/IS/03 - _ IIIII — — — IIII III I — IIIIII III IIIIIIIPIIuI,!II'IIIIIIIIII — Ili� V I IIIII .. I 1I,III„ Iuuul C JT CALMOT 71iih t,� lMY LL- PURFUSE Q7 - l, A KNOW LEDGE.ME NT E, STATE OF CALIFORNIA COUNTY OF SAN 1',TECO--- 11/7/05 On before me, YDI D. PARRY DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE, NOTARY PUBLIC" personally appeared, CARLA H. ALLEN personally known to me (or proved to me on the basis of satisfactory evidence)to be the person's) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sk g nature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, ......... executed the instrument. WdTNESS my hand and official seal. '1 A A Cl gqKVW KIM Comm PARRY 11AXYPIjgLI& W937 1 toomm.PXP 4u��-UUNTY t 1_:;=jl (SEAL) i nr� NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(5)OTHER THAN NAMED ABOVE .......... 99999 ...... �® American Contractors Indemnity Company 9841 AIRPORT BLVD.,9TH FLOOR, LOS ANGELES,CA 90045 (310)649-0990 Date: 11/7/05 SURETY RIDER OBLIGEE:OB CITY OF PALM SPRINGS DEPT.OF PUBLIC WORKS AND ENG. 3200 E.TAHQUITA CANYON WAY PALM SPRINGS,CA 92262 To be attached to and form a part of PERFORMANCE No 174599 Lic.No. N/A In favor of CITY OF PALM SPRINGS- - - Type of Bond -- -- - Obligee On behalf of COMMERCIAL CLEANING SPECAALITS INC Principal For valuable consideration,receipt of which is acknowledged, surety hereby gives its consent to change: PENAL SUM OF BOND FROM: S>138,064.00 TO: $74,220.03 To be effective 1/10/2005 Principal FOMMERCIAL CLEANING SPECIALISTS INC AMERIC CONTRACTORS INDEMNITY COMPANY 38-180 D16L WEBB BLVD.,PMB 47 PALM DESERT,CA 92211 1 L J C A M.ILLEN, Attorney-in-Fact Producer WILLIAM YOUNGBLOOD&ASSOCIATES 69-730 F[WY 111,SUITE 216 RANCHO MIRAGE,CA 92270 L J HCCSZ 31BM/04 American Contractors Indemnity Company4GV PO 9841 Airport Blvd.9th Floor,Los Angeles,CA 90045(3I0)649-0990 FAX (310)649-0416 Continuation Certificate Bond Number Bond Description Effective Date Expiration Date I74599 PERFORMANCE 1/10/2005 1/10/2006 Principal: COMMERCIAL CLEANING SPECIALISTS, INC Obligee: CITY OF PALM SPRINGS THIS BOND CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED THAT THE LOSSES OR RECOVERIES ON IT AND ALL ENDORSEMENTS SHALL NEVER EXCEED THE PENALTY SET FORTFI IN THE BOND AND WHETHER THE LOSSES OR RECOVERIES ARE WITHIN THE FIRST AND/OR SUBSEQUENT OR WITHIN ANY EXTENSION OR RENEWAL PERIOD,PRESENT,PAST OR FUTURE. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. SIGNED AND DATED THIS 7TH DAY OF NOVEMBER 2005 AMERI N f MCEMNITYCOMPANY \� A .ALLEN ,Attorney-or-fact Agent: WILLIAM YOUNGBLOOD&ASSOCIATES 69-730 HWY 111,SUITE 216 RANCHO MIRAGE,CA 92270 IICCSCA59BB06/04 AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO, 4617 WITH COMMERCIAL CLEANING SPECIALISTS, INC. ROADSIDE MAINTENANCE The following articles of Agreement No. 4617 are hereby amended as follows: SCOPE OF SERVICES (Exhibit "A") - Please see attached revision sheets. STREET ROUTES (Exhibit "A-1")- Please see attached revision sheets. SCHEDULE OF COMPENSATION (Exhibit"C") - Please see attached revision sheet. SCHEDULE OF PERFORMANCE (Exhibit "D") - Please see attached revision sheet. Commercial Cleaning Specialists Purchase Order Number(s): 316200 and 416310 Roadside Maintenance Agreement Number: 4617 1st Amendment Original MO Number: 7233 AGREEMENT#4617 City Council Approval: January 2, 2003 MO 7605, 01-05_05 Original Contract Amount: $ 138,064.32 Amount of Increase: $ 74,220.30 Amended Total: $ 212,284.62 �I� ORIGIN I SIGNATURES ON NEXT PAGE ANflf OR AGREEMENT Commercial Cleaning Specialists, Inc. Amendment No. 1 Page 2 of 2 ATTEST: CITY OF PALM SPRINGS, a municipal corporation _. By:—...�e'�rr�.0 City Clerk a City Manager � iv ;APPROVED AS TO FORM: APG,U;O"I t> Cf9 7,9j__' ID i- KC4Attorney CONTRACTOR: COMMERCIAL CLEANING SPECIALISTS, INC. Mailing Address: 38-180 Del Webb Boulevard, PMB#47, Palm Desert, CA 92263 CONTRACTOR: Check one: p—individual_PParltnership°corporation By: By: Signature(notariz4d)e Signature(notarized) Name: Kc„ , , . Name: -)n a_ Title: <,n r.7v Title: (This Agreement must be signed in the above space by one of This Agreement must be signed in the above space by one of the following:Chairman of the Board,President or any Vice the following:Secretary,Chief Financial Officer or any President) Assistant Treasurer) Stateof li F�N�-ck� Stateof 6...."6_L)hXK,4— County of/� I�i.l9Ralss County of abtG{A�s�.� Iss `( lItl G- a E.t before me, + Iq��®.�� d, - before me, Y41�.Q�1..'? d'1 �) �'o4y�1� ,�1.,•.�,tr-y--�' PAC u' personally appeared trnn,Qc� C. alna T<rll➢ld. x1 R personally appeared 'rC7py,p d �, �rc� (.anaa�x. �YWw+ peramall known to me(or proved to me on the basis of satisfactory personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) Were subscribed to the evidence) to be the person(s) whose name(s) islare, subscribed to the within instrument and acknowledged to me that he/she/they executed within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by the same in his/her/their authorized capacity(ies), and that by his/her/thew signature(s)on the instrument the person(s),or the entity his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. upon behalf of which the person(s)acted,executed the instrument WITNESS my hand aid official seal. I WITNESS my hand and official seal. I Notary Signatures- ?� (J"Y'�-. � Notary Signature;sart i-m fl'� Notary Seal: 4 Notary Seal: PIIYLLIS MANLEY � � � ` •• � ♦ � � +, Cgryryypn•137b 06 .- _ PHYLLIS MANLEY r RtO1C CaNfornN C t N 137E90S NOfOWY ry Pl FLO y -CaNfomla C �� plvrrtlds 6otmty MtrCOmm. Oct 1G 2t)06 EXHIBIT "A" SCOPE OF SERVICES (Revised 1-5-05) 1. BASIC FUNCTION: Under the direction of the Contract Administrator or his designee, remove debris and vegetation from specified City streets and right-of-ways. 2. SCOPE OF WORK: A. Assigned Routes: Maintain six (6) assigned street routes (See Attached Maps of Designated Streets and Rights-of-Way) located within the City of Palm Springs by policing and picking up litter to remove paper, glass, trash, undesirable materials, vegetation, and other accumulated debris from City streets and rights-of-way; from centerline of road to 10 feet off of road edge in both direction. All routes should be completed once during each five (5) day work week. B. Palm Frond Route: Perform a City-wide palm frond route when directed by the Contract Officer or his designee. During normal work hours, respond within thirty (30) minutes to radio, pager, or telephone requests from the City's Street Maintenance staff to remove debris or vegetation that is located in the streets or right-of-ways from events such as traffic accidents, illegal dumping, paint, diesel and oil spills, downed trees, vegetation, transient camp cleanup, catch basin cleanup, and rain and wind storms. The Contractor must be prepared to respond to changing work assignments. An example is: being pulled off of an assigned route to respond to a request by the Contract Officer, or his designee, to pick up an abandoned mattress or appliance, etc., and then immediately return to the previous assignment. Contractor shall maintain a log sheet of daily activities and hours worked that is turned Into the City'` -Street Supervisor at the end of the work shift (io^ sheet All be prvridcd by the Contract Officer). Contractor shall provide a phone number and/or pager number for all personnel on the "Call-out" list. 2. PERSONNEL: Roadside Maintenance Crew shall consist of two-person crew, both capable of lifting up to 100 Ibs in weight. The lead worker of each crew.must be able to understand, read, and write English, possess an appropriate valid California Driver's License, and have knowledge of how to use the equipment listed below. One of the crew members will be designated as a lead worker and will be the primary point of contact to receive and implement instructions. Within 60 days of contract implementation a minimum of one individual member of the crew on duty must possess a certificate of training in Work Zone Traffic Control The certificate must be issued by the International Municipal Signal Association, the University of California Institute of Transportation Studies or an equivalent training program approved by the City. The Contractor will be responsible for any cost associated with Traffic Control Certification. To provide for continuity, rotation of individuals assigned to this program must be held to a minimum. EXHIBIT "A" Page 2 of 2 The City may, at it's sole discretion, direct or allow the Contractor to use a single person to provide the required services. Such work, when authorized by the City, will be governed by the rates in Schedule "A" of Exhibit "C", or in the case of an emergency, by Bid Schedule "B" of Exhibit"C". Except when directed otherwise, the Contractor will be required to provide a 2-man crew. 3. MINIMUM EQUIPMENT NEEDED: A four-wheel drive vehicle equipped with a flashing arrow sign (FAS), and caution light. Vehicle must have a hauling bed or pull trailer with a capacity no less than 10 feet long, five feet wide, with side boards at least five feet high, Anticipated mileage is in excess of 2,000 miles per month. Small hand tools, such as clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weedeaters, and safety equipment, are required. Contractor is responsible for providing all necessary equipment otherwise specified herein. Radio and Pager will be provided by the City. Contractor will be held responsible for loss and/or damage of equipment provided by the City. 4. WASTE DISPOSAL: The City will be responsible for the cost of disposal of debris/waste material collected by the Contractor. All debris/waste material collected by the Contractor shall be transported by the Contractor to the City's Corporate Yard located at 425 North Civic Drive, Palm Springs. The Contractor will be responsible for sorting of material into the proper bins provided at the City's Corporate Yard. Should the Contractor fail to dump the collected materials into the proper bins, Contractor will p responsible ay ent Gf dump fees for the ta d d a fien..__ b for payment „�. G uiv contaminated bin 8iu repeal Giiciiaca could result in the Contractor becoming responsible for his own disposal arrangements, or termination of the Contract. EXHIBIT "A-1" Street Routes Route#1 From: To: Palm Canyon Drive Vista Chino Gene Autry Trail Gateway Drive Highway 111 Las Vegas Road Las Vegas Indian Canyon Gateway Drive Tramview Road Indian Canyon West End Route#2 From: To: Vista Chino Gene Autry Trail Whitewater Wash El Mirador Avenida Caballeros Sunrise Way Tachevah Drive Avenida Caballeros Sunrise Way Amado Road Calle El Segundo Sunrise Way Baristo Road El Cielo Farrell Drive Route#3 From: To: Ramon Road La Mirada Belardo Road Crossley Road Ramon Road Avenue 34 El Cielo Road Escoba Road R Bike Path Sunny Dunes Road Ramon Road El Cielo(including medians) San Luis Rey Ramon Road San Luis Rey(south side only) Ramon Road Bridge Mesquite Road Vella Road Cathedral City City Limits San Luis Rey Mesquite Road Ramon Road Sunny Dunes Road Gene Autry Trail Crossley Road Skypoint Crossley Road San Luis Rey Skypoint Ramon Road Skypoint Camino Parocella San Luis Rey Gene Autry Trail Indian Springs Crossley Road Rio Blanco Rio Blanco Indian Springs San Luis Rey Public Road Sunny Dunes Road Camino Parocella Vella Road (west side only) Sunny Dunes Road Mesquite Road EXHIBIT "C' SCHEDULE OF COMPENSATION (Revised 1-5-05) Schedule A: Rates for Roadside Maintenance work for vehicles, lead worker, and worker, including all equipment, supplies, insurance, uniforms and other associated costs: Lead Worker $14.25 per hour Worker $12.25 per hour Vehicle and Supplies $5.50 per hour Beginning July 1, 2005, the unit rates are as follows: Lead Worker $16.39 per hour Worker $14.09 per hour Vehicle and Supplies $6.33 per hour Schedule B: Rates for emergency call-out for vehicle, lead worker and worker, including all equipment, supplies, insurance, uniforms and other associated costs: Lead Worker- Overtime $21.38 per hour Lead Worker- Holiday $28.50 per hour Worker- Overtime $18.38 per hour Worker- Holiday $24.50 per hour Vehicle and Supplies $5.50 per hour (Overtime and Holidays) Beginning July 1, 2005, the unit rates are as follows: Lead Worker- Overtime $24,59 per hour Lead Worker- Holiday $32.78 per hour Worker- Overtime $21.14 per hour Worker- Holiday $28.18 per hour Vehicle and Supplies $6.33 per hour (Overtime and Holidays) Invoices shall be submitted to the Contract Officer for approval. Contractor shall bill the City monthly using the number of hours worked as the basis for payment. Individuals assigned to this program shall, in addition to daily log sheets, record hours worked on a daily basis at the direction of the Contract Officer. Such logs shall be submitted to the Contract Officer upon request. EXHIBIT "D" SCHEDULE OF PERFORMANCE (Revised 1-5-05) Contract Time: The term of this contract is a 1-year extension from the original 2-year contract executed on Jan. 2, 2003, with an additional 1-year renewal option upon mutual consent of the City and Contractor. Working Hours: Regular work hours consist of 6:30 A.M. to 3:00 P.M., Monday through Friday. Any hours worked other than the regularly scheduled hours are considered "emergency call-out hours" and will be only as approved by the Contract Official. Emergency call-out hours may be necessary in the case of downed trees, storm debris in the right- of-way, or any condition endangering the safety of the public. The Contractor must respond to an emergency call-out within one(1)hour. Hours worked on an emergency basis will be logged in the same manner as regular hours, and will be indicated on the Contractor's invoice as "emergency call-out hours". Except in the case of an emergency call-out, there will be no work scheduled on the days that the City is closed for holidays. These days are: New Years Day Martin Luther King Jr Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day (and the day after Christmas Eve day Christmas day CONTRACT ABSTRACT Contract Company Name: Commercial Cleaning Specialists Company Contact: Ron Hensel Summary of Services: Roadside Maintenance Contract Price: $212,284.62 (including this A#1 for $74,220.30) Funding Source: 124-4242-43200 Contract Term: One Year Contract Administration Lead Department: Public Works &Engineering Contract Administrator: David Barakian/Pete Agres Contract Approvals Council/Community Redevelopment Original approval date January 2, 2003 Agency Approval Date: A#1 approval date January 5, 2005 Minute Order/Resolution Number: TBA _ Agreement Number: 4617 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Submitted on: By: M E M O R A N D U M TO: David Barakian Director of Public Works/Engineering FROM: �j Kathie Hart Chief Deputy City Clerk DATE: January 24, 2005 SUBJECT: Commercial Cleaning Specialists Roadside Maintenance Amend 1 to A4617 cc: Jay Thompson, City Clerk File Attached are three (3) duplicate originals of the above referenced agreement. We have retained the original our files. Please feel free to contact me if there are any questions, ext. 8206. /kdh attach. Commerical Cleaning Spec Roadside Maintenance AGREEMENT #4617: M07233, 1-2-03 CITY OF PALM SPRINGS Public Works Department CONTRACT SERVICES AGREEMENT FOR ROADSIDE MAINTENANCE THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of 2003, by and between the CITY OF PALM SPRINGS a municipal corporation, (herein "City") and Commercial Cleaning Specialists, 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 set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractorshall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments,taxes penalties or interest levied,assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, H:\USERSIWPPUBLIC\03bids11Po03-04Agmt-Roadside Malntwpd 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 underthis 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 of 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 one hundred thirty eight thousand sixty four and 32/100 Dollars, ($138,064.32) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i)a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services,(iii)paymentfortime and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1 st) 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. -2- H.\USERS\W PPUBL[Ck03b!ds\ifb03-04Agmt-Roadside Maintmpd 3.0 PERFORMANCE SCHEDULE Agreement. 3.1 Time of Essence. Time is of the essence in the performance of this 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 notifythe 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. 3A 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: Ronald Hensel, President or Brian Hensel, Vice-President It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with -3- H.\USERS\WPPUBLIC\03bids\Ifb03-04Agmt-Roadside Maint.wpd any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent 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. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractorshall 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, broad form property damage, products and completed operations.The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (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. -4- H:\USERS\WPPUBLIC\03bids\Ifb03-04Agmt-Roadside Maintmpd (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. 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. (Reference Section 5.4 regarding sufficiency.) 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 indemnifythe City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions,suits, claims, damages to persons or property, losses, costs, penalties,obligations,errors, omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder,or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement,whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractorwill promptly 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 eventthe 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- H:\USERS\W PPUBLIC\03bids\Ifb03-04Agml-Roadside Maintmpd 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 Clerk, 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 Surety. 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 Rating Guide, The Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates 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 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 forthe 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, and 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 of 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- H:\USERS\W PPUBLIC\03bids11fh03-04Agmt-Roadside Maint.wpd 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, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10)days of service of such notice and completes the cure of such default within forty-five (45) days after service.of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health,safety and general welfare,such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor(whether or not arising out of this Agreement) (I) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City 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 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. 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 -7- H:\USERS\WPPUBLIC\03blds\Ifb03-04Agmt-Roadside Maintwpd pay to the City the sum of -0- ($=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 fortermination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such 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 such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for,completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in 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-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. -8- H:\USERS\WPPUBLIC\03bids\Ifb03-04Agmt-Roadside Maint.wpd 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming underorthrough them, thatthere shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. 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. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration:Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements,agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. (Signatures on Next Page) -9- H:WSERS\WPPUBLIC\03bids\Ifb03-04Agmt-Roadside Maint.wpd IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation ao By---.i•-.�.�. 0iIV City Clerk ,Ga',50,��, +r rf- Agreement overtuhder$25,000 APPROVED AS Toth" RW-7 a ao'�EJr;L Reviewed and approved by Procurement& Contracting By: _ y CityAtto initials �tti� Dat! h P.O.Number CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. By: 9'Z G ..4 4=. n f}� By: Notarized Signature of Uhairman of Board, Notarized Signature of Secretary,Asst Secretary, President or any Vice President Treasurer,Asst Treasurer or Chief Financial Officer Name: Name: %''� / Y��.y� �-� t',1V6✓1� �- Title: S ' alhc -. Title: :;11C1f,1%C=b j s <,,r > r�' , State of- 6 — / 1 '" 1 State of�+'l'r`�'ft G-N�"'— I County of,6�eYf><=!=%.d✓? _ Iss County of Iss On(-i,L_�_'before me. � e��1�'yr(d„f*\� �¢a�ap d( O before me, R-y..ir-y0G-�``r_ ""PCr IT,7,f7%-4 personallyappeared 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 persons)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument the persori or the entity upon behalf of which the instrument the persori or the entity upon behalf of which the person(s)acted,executed the instrument. person(s)acted,executed the instrument../ �) WITNESS my hand and official seals%^°`.+ / ,✓ WITNESS my hand and official sw. !/' Notary Signature: /j Notary Signature: N akw s ar OF .;� 1� Notary Seal: OFFICIAL SEAL Vf , E.S.WOLFEI'N OFFICIAL SEAL`' COMM#1359716 E,5.WOLFE - Notary Public-Cahtornia �'" COMM #1359716 CJ RIVERSIDE COUNTY Notary Public-California My Commission Expires CJ'- RIVERSIDE COUNTY JUL`!3,2006 My Commission Expires , _ 1ULY 3 2ou6 R -10- H:\USERS\WPPUBLIC\03bids\IIb03-04Agmt-Roadside Maintmird EXHIBIT "A" SCOPE OF SERVICES 1. BASIC FUNCTION: Under the direction of the Contract Administrator or his designee, remove debris and vegetation from specified City streets and right-of-ways. 2. SCOPE OF WORK: A. Assigned Routes: Maintain six (6) assigned street routes (See Attached Maps of Designated Streets and Rights-of-Way) located within the City of Palm Springs by policing and picking up litter to remove paper, glass, trash, undesirable materials, vegetation, and other accumulated debris from City streets and rights-of-way;from centerline of road to 10 feet off of road edge in both direction. All routes should be completed once during each five (5) day work week. B. Palm Frond Route: Perform a City-wide palm frond route when directed by the Contract Officer or his designee. During normal work hours, respond within thirty(30) minutes to radio, pager, or telephone requests from the City's Street Maintenance staff to remove debris or vegetation that is located in the streets or right-of-ways from events such as traffic accidents, illegal dumping, paint, diesel and oil spills, downed trees, vegetation, and rain and wind storms. The Contractor must be prepared to respond to changing work assignments. An example is: being pulled off of an assigned route to respond to a request by the Contract Officer, or his designee,to pick up an abandoned mattress or appliance,etc.,and then immediately return to the previous assignment. Contractor shall maintain a log sheet of daily activities and hours worked that is turned into the City's Street Supervisor at the end of the work shift (log sheet will be provided by the Contract Officer). Contractor shall provide a phone number and/or pager number for all personnel on the "Call-out" list. 2. PERSONNEL: Roadside Maintenance Crew shall consist of two-person crew,both capable of lifting up to 100 Ibs in weight. The lead worker of each crew must be able to understand, read, and write English, possess an appropriate valid California Driver's License, and have knowledge of how to use the equipment listed below. One of the crew members will be designated as a lead worker and will be the primary point of contact to receive and implement instructions. Within 60 days of contract implementation a minimum of one individual member of the crew on duty must possess a certificate of training in Work Zone Traffic Control The certificate must be issued by the International Municipal Signal Association,the University of California Institute of Transportation Studies or an equivalent training program approved by the City. The Contractor will be responsible for any cost associated with Traffic Control Certification. To provide for continuity, rotation of individuals assigned to this program must be held to a minimum. The City may, at it's sole discretion, direct or allow the Contractor to use a single person to provide the required services. Such work, when authorized by the City, will be governed by the rates in Schedule"A"of Exhibit"C", or in the case of an emergency, by Bid Schedule "B" of Exhibit "C". Except when directed otherwise, the Contractor will be required to provide a 2-man crew. 3. MINIMUM EQUIPMENT NEEDED: A four-wheel drive vehicle equipped with a flashing arrow sign (FAS), and caution light. Vehicle must have a hauling bed or pull trailer with a capacity no less than 10 feet long, five feet wide, with side boards at least five feet high. Anticipated mileage is in excess of 2,000 miles per month. Small hand tools, such as clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weedeaters, and safety equipment, are required. -11- H\USERS\WPPUBLIC\03bids\Ifb03-04Agmt-Roadside Maintvpd Contractor is responsible for providing all necessary equipment otherwise specified herein. Radio and Pager will be provided by the City. Contractor will be held responsible for loss and/or damage of equipment provided by the City. 4. WASTE DISPOSAL: The City will be responsible for the cost of disposal of debris/waste material collected by the Contractor. All debris/waste material collected by the Contractor shall be transported by the Contractor to the City's Corporate Yard located at 425 North Civic Drive, Palm Springs. The Contractor will be responsible for sorting of material into the proper bins provided at the City's Corporate Yard. Should the Contractor fail to dump the collected materials into the proper bins, Contractor will be responsible for payment of dump fees for the contaminated bin and repeat offenses could result in the Contractor becoming responsible for his own disposal arrangements, or termination of the Contract. -12- H:\USERS\WPPUBLIC\03bids\Itb03-04Agmt-Roadside Maint.wpd EXHIBIT "A-1" Street Routes Route#1 From: To: Palm Canyon Drive Vista Chino Gene Autry Trail Gateway Drive Highway 111 Las Vegas Road Las Vegas Indian Canyon Gateway Drive Tramview Road Indian Canyon West End Racquet Club Drive Hermosa Rd &Bike Path Sunrise Way Route#2 From: To: Vista Chino Gene Autry Trail Whitewater Wash El Mirador Avenida Caballeros Sunrise Way Tachevah Drive Avenida Caballeros Sunrise Way Amado Road Calle El Segundo Sunrise Way Baristo Road El Cielo Farrell Drive Route#3 From: To: La Mirada At Sunny Dunes Road Ramon Road La Mirada Belardo Road Crossley Road Ramon Road Avenue 34 El Cielo Road Escoba Road & Bike Path Sunny Dunes Road Ramon Road El Cielo(including medians) San Luis Rey Ramon Road San Luis Rey(south side only) Ramon Road Bridge Mesquite Road Vella Road Dinah Shore Bridge San Luis Rey Mesquite Road Ramon Road Sunny Dunes Road Gene Autry Trail Crossley Road Skypoint Crossley Road San Luis Rey Skypoint Ramon Road Skypoint Camino Parocella San Luis Rey Gene Autry Trail Indian Springs Crossley Road Rio Blanco Rio Blanco Indian Springs San Luis Rey Public Road Sunny Dunes Road Camino Parocella Vella Road (west side only) Sunny Dunes Road Mesquite Road Route 4 From: To: South Palm Canyon Drive East Palm Canyon Drive South End Belardo Road Alejo Road Sunny Dunes Road Sunny Dunes Road South Palm Canyon Drive Belardo Road Alejo Road Palm Springs Intl.Airport Vine Road Mesquite Avenue South Palm Canyon Drive West End Bogert Trail South Palm Canyon Drive Bogert Trail Bridge LaVerne Way Camino Real (south side) Calle Palo Fierro -13- H.\USERS\W PPUBLIC\03bids\lfb03-04Agmt-Roadside Maint.wpd Route 5 From: To: Farrell Drive Tramarisk Road Vista Chino Sunrise Way North End Vista Chino Avenida Caballeros Racquet Club Road Via Escuela Avenida Caballeros Alejo Road Saturnino Road Calle Encilia Alejo Raod Ramon Road Calle El Segundo Alejo Road Ramon Road Route 6 From: To: Indian Canyon Way Vista Chino Insterstate 10 Indian Canyon Way(west side only) Interstate 10 181"Avenue Garnet Road East End West city Limits 20`h Avenue West city limits Indian Canyon Way Dillon Road Melissa Lane Diablo Road Tipton Road Highway 111 Insterstate 10 Wendy Road Tipton Road North End Salvia Way West End East End Gene Autry Trail (Palm Drive) Interstate 10 Vista Chino Executive Drive Vista Chino Via Escuela Via Escuela Executive Drive(north side) Whitewater Club Palm Frond Route: To be completed as instructed by Contract Officer, usually following adverse conditions such as wind, rain, etc. Palm Frond Route From: To: Palm Canyon Drive Gateway Farrell Drive Indian Canyon Way Vista Chino Ramon Road Tahquitz Canyon Way Palm Canyon Drive El Cielo Road Cerritos Drive Ramon Road Camino Parocella Camino Parocella Cerritos Drive Sunrise Way Frontage Road Camino Parocella Cerritos Drive -14- H:\USERS\WPPUBLIC\03bids\Ifb03-04Agmt-Roadside Maint.wpd see 694e _ - E+ H _ I \ .:,. •/^' MARBIf � RR HIM OR � 5 4 3 ."uu \ 0 A �m'MLrtAeE� \\ o PC - RE 1 L 3 8/ 2 0 —__— ___ _ oA � GI i�iSTb of _____�1TCRE5T oR -\ �-_�_.___ Nl�i._--- L ` E`j� nexor-sv.A:as ah;nvL' —�\�� ^:f " u:)�y PENIANO _ pA`v c \Yn -- & [rr:.wTw 'lam g4 4 i_�{ - _ snxPIERaE_�___�- ao_� - .eTeB ��f3tA.,r w9 s e v Q4p �0 C CALICO AV n � �pc IiYI MORONGO suiEeusx AV 10 -- ZNOIAN FO A Ro m I TAMARACKo lel------ 12 7 RES RVATION �i \ 11 3 RWY \ m Op p tilLgpA WHII➢WTE - A \ OP AW9E - \ � Fk 16 I V i 17 13 18 w q - - %. — i w�w MOftONGO L7 I'� I: 22 .,I INOIAN 2120 24 19 a fl, �, ryry RESERVATION T F� 27 SMI dALINlO_ �fF _ -_ _ .,.-.,-:..L'. /Y-" --." 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M Hi ��� � � 4 '^IG 'ays NN oxvQo •••4 A3l5SOtl3 _�� E oe� Po �"'�}I no sf� ',5Y _ _ uvnn OiEco"cEa s ay a v M` m '1N llN n W AN oSim NVS :LS, I�ni Na m Its Q o a•�"•`'�!`•�d - I s ua 000nw3no .na g 5 l� nx G tau srWl Nvs °Osac 6 { au' _ w Y"wd '$ E i lla a°Narptloafi . a= as alNNllltl v voruE NYS I. 3 � _SIB ovn - p'�xvvE m 31w1v W �"' w N te A211f1tl 3ry3 °psr ��"" alawvy t F "_s P M H K � V o y 3znvv runs :nv r ., _ -A ^a de� �e�sg m U�/'002�9UNl91� i002 3H9ItlAdOJ Z— dVW 98L 33S '11Wbd='m t aetw 0S Y � 52' _ ama 688 ies £T 'a\PT SI 97 t rl�x �ErOT w 14 Otl 303tl Y� AS f5, - � �ou3itH �-rays�g O el"; W olbHtf I WtlNN00 a3`J03N311o15� _ tBSItl YP /� 3�1 VIA$ ll vdI `^ 7,V f I LE I /r d s, potr 9 3se9£ - _ IVY ££ u erras Rg .� _ wlrmis aotxya No�.xvo x qw - tl� auw3s _ EXHIBIT "B" SPECIAL REQUIREMENTS Business License Requirement: Contractor shall possess a valid City of Palm Springs Business License throughout the term of this agreement. -15- H.\USERS\WPPUBLIC\03bids\Ifb03-04Agmt-Roadside Maint.wpd EXHIBIT "C" SCHEDULE OF COMPENSATION Schedule A: Rates for Roadside Maintenance work for vehicle, lead worker, and worker, including all equipment supplies, insurance, uniforms and other associated costs: Lead Worker $14.25 per hour Worker $12.25 per hour Vehicle and Supplies $5.50 per hour Schedule B: Rates for emergency call-out for vehicle, lead worker and worker, including all equipment, supplies, insurance, uniforms and other associated costs: Lead Worker- Overtime $21.38 per hour Lead Worker- Holiday $28.50 per hour Worker- Overtime $18.38 per hour Worker- Holiday $24.50 per hour Vehicle and Supplies $5.50 per hour (Overtime and holidays) Invoices shall be submitted to the Contract Officer for approval. Contractor shall bill the City monthly using the number of hours worked as the basis for payment. Individuals assigned to this program shall, in addition to daily log sheets, record hours worked on a daily basis at the direction of the Contract Officer. Such logs shall be submitted to the Contract Officer upon request. -16- H:\USERS\WPPUBLIC\03bids\Ifb03-04Agmt-Roadside Maintmpd EXHIBIT "D" SCHEDULE OF PERFORMANCE Contract Term: The term of the contract is two years, with two (2) 1-year renewal options upon mutual consent of the City and Contractor. Work Hours: Regular work hours consist of 7:00 A.M. to 3:30 P.M. Monday through Friday. Any hours worked other than the regularly scheduled hours are considered "emergency call-out hours" and will be only as approved by the Contract Officer. Emergency call-out hours may be necessary in the case of downed trees, storm debris in rights-of-way, or any condition endangering the safety of the public. The Contractor must respond to an emergency call-out within one (1) hour. Hours worked on an emergency basis will be logged in the same way as regular hours, and will be indicated on the Contractor's invoice as "emergency call-out hours". Except in the case of an emergency call-out, there will be no work scheduled on the days that the City is closed for holidays. These days are: New Year's Day, Martin Luther King Jr. Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day (and the day after), Christmas Eve day, and Christmas. _17- H:\USERS\WPPUBLIC103bids\Ifb03-04Agmt-Roadside Maint.wpd 5 rY EXECUTED IN 4 ORIGINALS BOND NO. 174599 PREMIUM: $2,071.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Commercial Cleaning Spe=lists Inc. as Contractor, And AMERICAN CONTRACTORS INDEMNITY COMPANY as Surety, are hold firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, hereinafter called the"Croy." in the Sum of: One Hundred ThrtyEfglit Thousand Sixty-Four end 32/ dollars, for the payment of which sum wall and truly to be made, we bind ourselves, our hews, executors, administratara, successors, and assigns,jointly and severally, firmly by theca presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contrast Documents entitled: CONTRACT SERVICES AGREEMENT FOR ROADSIDE MAINTENANCE *** - NOW THEREFORE. If said Contractor shall perform nil the requirements of said Contract Documents rewired to be performed on Its part at the times and in the manner specified herein,then this obligation shell be null and void, mherwlse it shall remain in full farco and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changos in the Time of ccmpioncn, which may be made pursuant to the terms of said Contract Documems, shall not in any way release said Contractor or said Surety [hereunder, nor shall any extensions of Time granted under the pravisiom of said Contract Documents, releaon enher said Contractor or said Surety. and nonce of such alterations or oxtenslons of the Agreement is hereby waived by said Surety SIGNED AND SEALED. this 1 OTH day of JANUARY , Zoo 3 CONTRACTOR: SURETY: COMMERCIAL CLEANING SPECIALISTS, INC. AMERIC4N QONTRACTORS INDEMNITY COMPANY (Check one: _individual, _parmamhip. s'+`cUrporatmnl By awe agmivre / _ IN TARIZEDI (NOTARIZE 1 - P,,\�/Name and rnlo: Print Name and Title. am .a�a I��)ust2 Ak — CARLA M. MORRIS, ATTORNEY-iN-FACT �tiar,.l / DEVIN C. LEE _ �� ����R-.,✓�,''���.1 -� QMWY Comrnissian�`1776030 may Public-Cardamia (NOTARIZED) /� ego County �ga tesSep 4,2M4 Print Name and Title' q�,, (SEAL P�C= OTARIAL ACKNOWLEDGMENT OF ��` l ) wlR V, V �IkdSL� -9�.F Ta/ellrlL-m'r ICamoraocnc roawra two cignewes, Tim /rem uch of Man foV,,. g,Wpr 4 CeD 9. of Boers, . 43s.tI nt any Vine Pravidenq ANO B. Secretary. Aas.stant SlC Jjgry, T,CDS.,er A]LSrwa Tlee]Ller nI Ch.el Franc-,al Cffiee,) tit COVERAGE UNDER THIS BOND SHALL COMMENCE 1/10/03 AND SHALL CEASE 1/10/05 , COVERAGE UNDER THIS BOND MAY BE CONTINUED FOR ANOTHER PERIOD BY ISSUANCE OF A CONTINUATION CERTIFICATE BY THE SURETY. PCALWORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego h 1/10/03 RECENAH WHITE, NOTARY PUBLIC �lY On before me, Y Name and The of OH¢er e Date ( g.,'dane Doe.Notary Public") 5 personally appeared Carla M. Morris 5 s,4 Nam¢(s)of signeQa) personally known to me-OR-E proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, RECENAHWHITE executed the instrument.? Fsym COMM.k1377489 o NOTnRYPuB NTY UD-cnL N WITNESS my hand and official seal. COUNTY ,, MV Dpnm.Er-0 SEPTEMRER 30,Z006 !, VnPQAA S�gnatwa of MOa Purim OPTIONAL Though the mlormatton below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of thts lorm to another document. i� Description of Attached Document ?� Ttle or Type of Document: Surety Bond Document Date: __ Number of Pages: S Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) 2 n Signer's Name Signer's Name. irdiwdual Individual Corporate Officer Corporate Officer Title(s) Ttle(s): S Partner — _: Limited General Partner — . Limited - General S xx. Attorney-in-Fact Attorney-In-Fact Trustee Trustee S _ Guardian or Conservator - Guardian or Conservator Other: c :frump-eye Other: Tcc 7 ^ ^^ -ere h r American Contractors hIndemnity Company t h Signer Is Representing: Signer Is Representing: `<:r-.i:Ci•+_.0 G;r-•i.ci;cic-L��-,�.C2;�.i:-Ci:�.X.ci.'CiriscZ`�,'�'Y=t.'�.�CL>.,isGLCI."..L`CL'r�ti.'Ci;�C=isL<:C�.CL'Cc.LL'CL'CC'CL'C�'C.�.C(.CT.�,6'� D 1995 MaemY Wt y Aa,opabm.EI76 AMrar+al Are.PO Dcx 7184•CaW P&Mu CA 31309.7164 Pros.No 5907 AA Wr CY To&F.N 1-0OP676L6Z7 American Contractors Indemnity Company 9541 Airport Blvd,9th Floor,Los Angeles,California 90045 v r e 5 Q 9 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Carla M.Morris of Escondido, CA Its true and lawful Attomey(s)-in-Fact,with full authority to execute on its behalf bonds, undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed$ ***1,500,000.00Dollars*** This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December,1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority L To appointAttorney(s)-in-Fact and to authorize them to execute on behalfofthe Company,and attach the seal ofthe Company thereto, bonds and undertakings,contracts ofindemnity and other writings obligatory in the nature there ofand, 2 To remove,at any time,any such Attorney-in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1 st day of September,2000. `o��Q►CTOks AMERICAN CONTRACTORS INDEMNITY COMPANY "5 INCORPORATED W SEP146,1990 -tee By; � gllfOlt��' Andy T.Faust,Jr.,Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 1 st day of September,2000 before me personally came Andy T.Faust,Jr.,Corporate President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NINiMA J,VIRGILIO WITNESS my hand and official seal Commission#1322310 Notary Public-California f. Los Angel"County orma J.V irgilfo,N&taryy MyComm.Engm Sep n.2006 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 10TH day of JANUARY 12003 Bond No. 174599 ��-� Agency No. #9009 VJAMES H.FERGUSON, orporate SecretaryH.FERGUSON, orporate Secretary rev POA04/20/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIF'9RNIA 1 SS COUNTY OF '�t/iCW510<- J On .� it/. 0 '4 j _before me, personally appeared�_ � �'�`'�d NAME(S)OF SIGNER(S) personally known to me -OR-proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in OFr•ICIAL SEAL his/her/their authorized capacity(ies),and that by his/her/their LeE. .WU"Esignature(s)on the instrument the person(s), or the entity upon behalf of COMM# 359776 (,� which the persons)acted, executed the nstrument. otaryPublCalifoni RIVERSIDE COUNTv WITNESS m hand and official My Commission Expires .- y DULY 3,2006 SIGNATURE OF NOTA Y OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT C2;}�INDIVIDUAL 2 CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED or GENERAL F,JN, _ , ATTORNEY-IN-FACT TRUSTEE(S) NUMBER OF PAGES GUARD IAN/CONS ERVATO R OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: PYPWAI 9- a�;v 1hz,,TE�-71_ NAME OF PERSON(S ( S) — t�,•.1so9C,�C'T�%,_OR ENTITY(IE r-L,r-r�y�!/>� SIGNER(S)OTHERTHANNAME ABOVE -' 15 //Vc .1HN GYM GUu 10 bb F.W1101 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT w. State of CAT.IFOMNTA County of sex DXEGO On. J44i/ � before me, C. rE /� �*m'''e mLE oO omcm-F-a--JAw ooE.Norm$maid personally appeared l40.fld =�� YiL �ln NArletsl of swMeRlst ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their DEVIN O.LEE signature(s) on the instrument the person(s), Commidon#1276030 or the entity upon behalf of which the son Diego Cou* MyCorR1.E0mS8,4Hof person(s) acted, executed the instrument. 4vIT FSS.�ny hand and official seal. MMATWE 0i 405Rr �. OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT �B-CCORPORATE OFFICER 1mu•1s1 r Tif-eR-1'YPE-OF DOCUMENT ❑ PAFITNER(s) ❑ LIMITED ❑ GENERAL ❑ ATTORNEWN-FACT NIJMRFR OF PAGES ❑ TRusTEE(s) ❑ GUAADIAN/CONSERVATOR ❑ OTHER --------------------- DATE OF DOCUMENT SIGNER IS REPRESENT MAC OF PUMM%aR smrvpq SIGNER($)OTHER THAN NAMED ABOVE 01No NATIONAL NOTARY ASSOCiATION•82M Ro,,m Aw.,P.O.8m 7184-CW0Q&PaFX G 91=a 711U TOTAL P.01 01/04/2003 11:51 7603462248 COACHELLA VALLEY INS PAGE 02 ACORD CERTIFICATE OF LIABILITY INSURANCE d1 (M7/20 3 o /a /zpp3 ° -F (760)346-0075 FAX (760)346-2246 THIS M11FIcATE13 ISSUED AS w MATIEKOf Coachella Valley insurance Service, Inc, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR License #0542476 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 81-S57 Dr. Carreon Blvd a89 India, {A 92201 INSURERS AFFORDINO COVERAGE NAIC# NsuRE➢ Commerc Al C 4aning Spec al fists, nc. INSURERA Aden Eagle Insurance Corp. 38180 Dal Webb Blvd INSURERS: PMB47 IrvsuRrs+c: Palm Desert, CA 92211 INevRER D; lNBURER E' COVERAGES THE POLICIES OF INSURANGE LISTED DELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLACY PERIOD INDICATED,NOTWITHSTANDIN ANY RECIUIRE U;NT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT'10 WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALITHETERMS,EXCLUSIONS AND CONDITIONS OF SUCH POUCiES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIM1I3. LTR NSR TYPEOFINSURANCE POLICY NUMBkR ➢AT MMI➢➢IY'Y OA E M1AYD LIME$ GENERALVABILITT CRP9537704 06/01/2002 06/01/2003 EAcuOccuaRENnE $ 1,00v X COMMERCIAL GENERAL LIAOLRY MISS ocewen 3 100100 CLAIMS MODE O OCcuR MED E%P(Any one Pers S S 000- A l•:J PERW1ALAADVINJURY S 1 000 GENE RAIAGGREGATE $ 1,000 00 REN'L AGGREGATE LIMITAPPLIE$PER: PRODUCTS-COMPIOPAGG 5 S,DOD 00 X PoutY NOT LOC AUTO MOBILE LIAMUTY CBP9537704 06/02/2002 06/01/2003 COMBINED SINGLE LIMB ANYAUTO (Easce'a�"'i $ 1,OD0 ALL OIVBEO AUTOS ROOILY INJURY X SCHFOOLED AUTOS (PET A X HIRED AUTOS BODILY INJURY � X NON-OWNEDAUTOS IPt'E dlRII PROPERTYDAMACE $ (PvacddenU GARAOE LIABILITY AUTO ONLY,EA ACCIDENT $ ANY AUTO AAUMOiA50 FA AGG S A4G $EXC£33RIMBRRENCE $OCCUR CWMS MADE $DEDUCTIBLE RETENTION 5 _ $IMITS EREMPLOYERS'UAVLtTY CCIDENT $OFFICERIhfEMBEP](CLUE�ANYECUTNE E.EA EMPLOYE $ SPECRLPROYISIDN$Itebw E.L.OISEASE•FOLICY LIMIT t OTHER DESCRIPTION OF OPERATIONS/1. A ON IVEHIC'"I CLUSIONSADO YENOO"O",Yf EPECUL PRO1RElO ERTIFICATE HOLDER IS AWED AS ADDITIONAL INSURED AS RESPECTS WORK DONE FOR THEM BY THE INSURED CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE AUOYE DESCRIBED POLICIES BE GANCFUF0 BEFORA THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WALL W*NXVM MAIL _�p__OAYSWiRITYEN NDTCETOTIE CER'IIFiCATE HOL➢Hl NAMED TO THE 1-EFT, CITY OF PALM SPRINGS Arl(Tj kN1Fll4RNQ10RA19U08FkXXXX OEPT, OF PUBLIC WORKS l(K*WAPOOMyI MOCLXR-7pp{NAq MW-k4Fk7 XXXXXXXXXX 3200 E. TANQUIT7 CANYON WAY p,�NpRaBO RERRESENTATIVE i PALM SPRINGS, CA 92262 A Ellen Snitil EAS IDACORD CORPORATION 1940 ACORD 25(2001108) !y8✓`n<.!''Vi Lo''de �1� ��/� ��� OAUiLli i i f l;ZOUY`A/' I-i' fLr 01/01/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS AU Insurance Services CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE PO sox 2 B I9 0 0 AFFORDED BY THE POLICIES BELOW. San Francisco, CA 94128 INSURERS AFFORDING COVERAGE NAICH (877)234-4407 INSURED INSURER A: Combined Speciality ins. CO. INSURER B. Commercial Cleaning Specialists 38-180 DEL WERE BLVD. PMD 47 INSURER C: PALM DESERT. CA 92211-2108 INSURER O. CTL 1273 65008 INSURERS COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOPL POLICY EFFECTIVE POLICY EXPIRATION LTR IN$RO TYPE OF INSURANCE POLICY NUMBER DATE MMIDO/YV DATE MM/DO/TY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS MADE E OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMRADE AGG $ - POLICY JPROECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) S ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY _ NON OWNEDAUTOS (Per descent) $ PROPERTY DAMAGE (Per acd]d.nI) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ S WORKERS COMPENSATION AND X OR UMITTATU ER EMPLOYERS'LIABILITY TORY LIMITS ER A ANY PROPRIETORAPARTNERAEXECUNVE 005-00010121 01/01/03 01/01/04 E L EACH ACCIDENT $ 1, 0 0 0, 0 0 0 OFFICER/MEMBER EXCLUDED7 11 yes, a user E.L.DISEASE-EA EMPLOYEE $ 1 000, 000 SPECIAL PROVISIONS SROVISIONS below E.L DISEASE-POLICY LIMIT $ 1, 000, 0 0 0 OTHER DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS All Operations CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Commercial Cleaning Specialists EXPIRATION DATETHEREORTHE ISSUING INSURER WILL ENDEAVOR TO MAIL 3L- 3 8-18 0 D a 1 Webb Blvd. PMB 47 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Palm Desert, CA 92211-2108 THE INSURER,ITS AGENTS OR 71HERRIESENTATIVES. AUTHORIZED REPRESENTATIVE Attn: lProject Manager D78336 ACORD 25 (2001/08) ©ACORD CORPORATION 1988