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04486 - PARSONS BRINCKERHOFF I-10 GENE AUTRY MO7053
Page 1 of 2 Kathie Hart From: Marcus Fuller Sent: September 20, 2011 11:22 AM To: Kathie Hart Cc: Carrie Rovney; Tabitha Richards Subject: RE: A4486- Parsons Brinckerhoff( 1-10 Aesthetic Treatment) Close it; Tabi please close the PO Sincerely, Marcus L. Fuller, P.E., P.L.S. Assistant City Engineer/ \ �O� Assistant Director of Public Works p� City of Palm Springs (760) 323-8253, ext. 8744 www.paimspringsca.gov Marcus.Fuller@paImspringsca.gov From: Kathie Hart Sent: Tuesday, September 20, 2011 10:24 AM To: Marcus Fuller Subject: FW: A4486- Parsons Brinckerhoff( I-10 Aesthetic Treatment) Marcus: In April 2009 you said to keep this agreement open. Do you want to keep this open, or may I close it? Thx! Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 ' (760)323-8206 1 A (760) 322-8332 Kathie.Hart@PalmSpringsCA gov Please note that City Hall is open 8 a.m. to 6 p.m. Monday through Thursday,and closed on Fridays at this time. From: Kathie Hart Sent: September 20, 2011 10:19 AM To: 'Garcia, Martha' Subject: RE: 1-10 Aesthetic Treatment Martha: Thank you for your response. No. We no longer need certificates of insurance for this file. 09/20/11 • Page 2 of 2 Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 M (760) 323-8206 1 Z (760) 322-8332 ® Kathle.Hart@PalmSprinasCA.gov Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time. From: Garcia, Martha [mailto:GarciaM@pbworld.com] Sent: September 19, 2011 4:04 PM To: Kathie Hart Subject: I-10 Aesthetic Treatment Hello Kathie, I received your request for the Certificate of Insurance. The work was complete in August 2009. Do you still require the Certificate of Insurance? Thank you, MARTHA GARCIA Human Resources Administrator Senior Project Administrator Parsons Brinckerhoff 451 E.Vanderbilt Way,Suite 200 San Bernardino,California 92408 Direct: (909)386-2822 Office: (909)888-1106 www.pbworld.com 09/20/11 Parsons Brinkerhoff I10/Gene Autry Aesthetic AGREEMENT #4486 M07053, 4-24-02 CITY OF PALM SPRINGS Engineering Department CONTRACT SERVICES AGREEMENT FOR I-10 and Palm Drive/Gene Autry Trail -Aesthetic Treatment THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of 41 j-e , 200;, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and Parsons Brinkerhoff, (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 perforuing 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 filly 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 regulation of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigatecl and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) hilly understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon my 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. FS21276/09999°13MMW684.2 6/14/% RCv!s :W/Ul/98 o p w��us i°G./O 0 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions 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 Thirty Thousand Six Hundred Seventy-Five Dollars ($30,675.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sin 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 (1st) working clay 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 un Section 7.3, City shall pay FSD276/099999-3WOI216 4.26l14196 Revi.u:1191U I IN 2 Contractor for all expenses stated thereon which are approver] by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Perfornance" 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) clays cumulatively. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Tenn. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in fill 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. 4.0 COORDINATION OF WORK 4.1 Reoresentative 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: Madlen Benjamin,Project Manager 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. PS2/276/099999d0001216W84.2 6114/96 Rcviuxt:0 M1/9S 3 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons 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 goal faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDENMFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire tern of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. The policy of insurance shall be in an amount not less than PS2276/09BBB4300 M6 84.25/14/% Rcviaxl:WWII 8 4 0 0 either (i) a combined single limit of$1,000,000 for bodily injury, death and property damage or (ii) bodily injury limits of $500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and property damage limits of $500,000 per occurrence. If the Contract Sum is greater than $100,000, the policy of insurance shall be in an amount not less than $5,000,000 combined single Inuit. (b) Worker's Comnensation Insurance. A policy of worker's compensation insurance in such amount as will frilly comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an muount not less than either (i) bodily injury liability limits of$500,000 per person and $1,000,000 per occurrence and property damage liability limits of $250,000 per occurrence and $500,000 in the aggregate or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owirM, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds, except that the City shrill not be named as an additional insured for the Worker's Compensation Insurance nor the Professional Liability Insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents mid their respective insurers. All of said policies of insurance shall provide that said insurance may not be anended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, subunit 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 or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. All certificates shall name the City as additional insured (providing the appropriate endorsement), be signed by an authorized agent of the insurer, and shall contain the following "cancellation" notice: "CANCELLATION: Should any of the above described Policies be cancelled before the expiration date thereof, the issuing company shall mail an advance 30-day written notice to the Certificate holder named herein." 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 persons 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 policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the F52276/099999d000/2160684.2 6/14196 Revised:09/01198 5 0 0 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. 5.3 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 tenor 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 issuecl 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, and only if they are of a financial category Class VII or better, unless such requtirennents 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, teclntiques, 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 F6212761099999-300 060684,26114196 Revisal:W10IM 6 • estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all tunes 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 farther employment or additional compensation as a result of the exercise by City of its fall rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or rise of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk mid without liability to Contractor, and the City shall indemufy the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have art 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. 6.4 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 conmmences to care such default within ten (10) clays of service of such notice and completes the cure of such default within forty-five (45) clays 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 innnecliate 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, providedl that nothing herein shall limit City's or the Contractor's right to tenminate 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 R2/276ro99999d000rzle 4.2 era/% Rcvis 1:WA)1/98 7 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 clue, 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 pay to the City the sum of as -0- liquidated damages for each working clay 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 Tenn. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termnation is clue 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. FSM761099999d0 W21&X%4.2 6/14/96 Revised:0ffil M 8 0 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fudfll 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 setoff 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. 8.3 Covenant Against Discrimination. Contractor covenants that, by amp for itself, its heirs, executors, assigns, mid all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 NUSCELLANEOUS PROVISIONS 9.1 Notice. Any notice, dennand, 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. FS21276/a99999-3 1216 426A4J% R.viad:OWN 9 0 9.2 Intemretation. 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. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a municipal corporation Art f City Clerk By:�;_. -'- t 4..-, .=� ".,✓/ City Manager APPROVED AS TO FORM: /�• �� vc ( C� Agreement over/,under $25,000 City Atto Reviewed and approved by Procurement & Contracting Initials Dateal- O U P.O.Number _ FS2/276ro99999-3000/216 4.2 6/14/% Rcvisrrl:09ro1/98 `1' 7 CXO 10 (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). (Check one: _Individual_Partnership ✓Corporation) CO Bcoul"r OM"''GatE 2 sBoO1Y7aP � UA SAN 6FANARONO COUNTY TO ARSON RHOFF l NOTARV PUOUC-CALIFORNIAQ t B O ( tie 'MY Comn:ismm Expiraz January 11,2006 Signature) . K- Pnc \11CF �1lGF PR�Sty NT` Print Name&Title ".0 x 1 f GINA LOUISE BREAUX By: �� k"�-- �� r''6M�,d%�, Commission#1222866 (Notarized Signature) Way Public-Ca!Ifornit, -- 9 Orange County ✓ r �� 16'r J�.ti. a. i'Comm.Fipire,Jun1.20!43 Print Name&Title Mailing Address: 665 E. Carnegie Drive, Suite 210 San Bernardino, CA 92408-3507 (END OF SIGNATURES) FS21276/0999993000/2160684 26/14/96 R—is .09/01/98 11 CALIFORNIA ALL-PURPOSEOACKNOWLEDGMENT • No 5907 State of County of � On °LQ-J '7-- G rT before me. ��C 6��,��� T\���t �� � DATE IAE,TITLE OF OFFI F-EG.,"JANE OOE,NO7AYgV PUBLIC" personally appeared i� c c f C NAME(5)OF SIG ER(PT ❑ 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 gg `°" "" " ` •4'"s"' the same in his/her/their authorized CnMV #1290174 capacity(ies), and that by his/her/their "'`"' "nur OAL"9RNIA signature(s) on the instrument the person(s), e /,e SAN SERNARDIN COUiry .,a A4 0onry" °^Eoo-a ++,2Do5 or the entity upon behalf of which the person(s) acted, executed the instrument. ,I WITNESS my hand and official seal. `.i tLVVVVVV\\ 4ACY IG ATURE F—M 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED I, ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave,P.O.Box 7134-Canoga Park,CA 91 309-71 84 (Corporations require two signatures: One from each of the following: A. Chairman of Board,President,any Vice President: 'gD)B. Secretary, Assistant Secretary, Treasurer, Assistant rreeasurer,or Chief Financial Officer). (Check one: _Individual_Partnership Corporation) CONTRACTOR: PARSONS BRINCKERHOFF QUADE & DOUGEAS, INC. By: (Notarized Signature) Print Name&Title 9 - _ L) `JJ'v3 Cczroi0!Y? bLdC� (Notarized Signature) a �f i�f�C',%✓Fd5 C� .?�C r^' "!�i l%)EJ/57,�7.vi Stic�1c'9z2�> � �),f Print Name&Title Mailing Address: 665 E. Carnegie Drive, Suite 210 San Bernardino, CA 92408-3507 CARY M.SIEGEL Notary Public,State of Now York No.24-4805709 (END OF SIGNATURES) Qualified in Kings County Certificate Hed in New York County Commission Expires January 31,20 9 FS2/276AP99W-3000/2160684.2 6/14/96 Revisrd.09/01/98 11 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �„rcrcrcryr5�'.c�„rc;ncr..cry„r.;,rcrcr� -',t-rer ,rerc:rcreCi=,rrrcrcr�cv� State of California ss. Ifi County of fi On ,S OI before me, �;n-t Lcv,A cSc q'"l'Cl Lj Dale Name ead Till.of O(fcer to g,"Jane Doe,fJoleryoe, Publ 71 personally appeared j ��� Name(.)of Stgoape) �I fi ❑ ersonally known to me proved to me on the basis of satisfactory evindence S' to be the person whose name isprKI subscribed to the within instrument and 31 Ifi acknowledged to me that he/sp4/,tKeqy executed the same in his/Wr/PWJr authorized fi capacitypeg° and t6 by his/�eF/trlyeir )I rIt r LUI I�[6;.1 r signature((/p6n the instrument the person iI, or I Corn s t n 1 2' Ss ti the entity upon behalf of which the persOp( �� 'ir - NotcryF;.:blic-(7ofifcmir] acted, executed the instrument. �I r.. Vti - Cclnir )r nn r,Jul 7 WITNESS my hand and official-seal. ., Place Notary Seal Above ��.�_ Signature of Notary Public I OPTIONAL �I I� Though the information below is not required by law, it may prove valuable to persons relying on the document 31 and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ((�� �, Ifi Title or Type of Document: �i - a 9 ' �n T 10 T ' r ;.�, ���� tv 6 �^� � Number of Pages: Ir Document Date: g �--• I Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer , Signer's Name: INPRORM C'�4Co po at Top of thumb here III .LLJ, Corporate Officer—Title(s): �S ❑ Partner—❑ Limited ❑ General ,I fi ❑ Attorney in Fact ❑ Trustee �I I� ❑ Guardian or Conservator I� ❑ Other: I �I Signer Is Representing: Fri ef 1997 National Notary Association•9350 De Soto Ave PO Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rcrrrcrcrc.^^.ct•.cr crcrst^.cre^tircrcr'r...,�v�.er.�r�,er,;:<.,M.erTrcr.,-rcr��-,rc��,r��,;r.�rcrrrc�.ce.ec•Frerlrcrer. State of California �I ss. County of '3 �1 CAI At C _(`!� On before me, iam, L� SC r C - I Dole Neme and T/[lta ofQOlfficer I.g-,"Jane Doe,Notary Public") personally appeared fl LC f�' !L rp Neme(s)of Slgner(s) ❑ personally known to me 3 proved to me on the basis of satisfactory vldence {3 fi to be the person,(43 whose names) is�R e 3 subscribed to the within instrument and acknowledged to me that he/sF�/tKy executed the same in his/h /thheif authorized capacity(Wi, and that by his/lyef/th si nature on the instrument the per�clpr(s), or GINi LOulaEs2 AUX the entity upon behalf of which the perso (l p `F • t ;^ Commission#1222?366 ( I z acted, executed the instrument. '.y i;_:_°;, tJotaYty ic-CCl!ifomio z z > Orange County r 1 M Comm.B:pin.;Jun],2U) WIT IS my hand and fficial seal. 'i Plane Notary Seal Above Signature of No[ery Public fi OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document Ire and could prevent fraudulent removal and reattachment of this form to another document. l Description of Attache�d'o Document 3� _ Title or Type of Documentl 3�'')NTV�tC'F SPi^111( P �rt�g G brN" Cp 0 �? Document Date: �.9 �ti Number of Pages: --- Signer(s) Other Than Named Above: fiCapacity(ies) Claimed by Signer 11 I� Signer's Name tp ❑ IndividualI 2 Top of thumb here � ❑ Corporate Officer—Title(s): I� ❑ Partner—❑ Limited ❑ General Ifi ❑ Attorney in Fact �C ❑ Trustee ❑ Guardian or Conservator l ❑ Other: i. Signer Is Representing: �?I x,��i�-�-.� w•-c,`,c; L�=carc, -c.•wz,c. ,w_w_vc_<,--cu,-2,=-c,w••=.crr.: .r=<,.s� ©1997 National Notary Assoaallon•9350 De Soto Ave RD Box 2402•Chatsworth,CA 91313-2402 Prod.No.6907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "A" SCOPE OF SERVICES The Contractor shall confirm the City's Public Arts Commission's preliminary Aesthetic ideas for the I-10/Gene Autry Trail interchange, and develop an aesthetic design that reflects the natural setting of the surrounding area. Tasks to achieve this are as follows: TASK I - Contractor shall prepare sketches for aesthetic treatment of the interchange based on discussions in previous meetings and Public Arts Commission desired enhancements. Submit sketches to City and Caltrans for comments. TASK 2- Contractor to meet with City and Caltrans to discuss comments. Contractor to provide 2 senior architects and one lead structural engineer for this projected one-day meeting. Contractor shall also provide a manager for the meeting to facilitate and record meeting conclusions. TASK 3-Basecl on the outcome of the meeting, contractor shall incorporate the comments and resolution from the Task 2 meeting into sketches. Contractor shall add to the final aesthetic document, the technical plans and elevations that eoumnunicate aesthetic improvements in addition to an artist's illustration to communicate the aesthetic design to the community. Products of Task 3 shall be one CAD plan drawing file (three 22 X 34" sheets) of the interchange that show proposed bandscape and landscape(if any) improvements; one CAD elevation drawing file(three 22 X 34" sheets) of the interchange that show vertical elements of the hardscape improvements; six freehand sketches of the interchange that explain the design 3 dimensionally; 2 professional illustrations of the interchange anal construction cost estimates. Draft Technical Memorandum shall be prepared and submitted to City and Caltrans for review. TASK 4-Contractor shall assemble the work into a Technical Memorandum and submit to City and Caltrans for review. Contractor shall address all comments and obtain City and Caltrans approval of final Technical Memorandum. Contractor services is understood to primarily include the work efforts of Kevin Peterson and must be of a native that will be accepted by Caltrans (District 8 and Structures). Contractor further understands and agrees that the intent and work products created under this Agreement will result in a design that does not require a major amount of additional engineering or construction costs beyond those of a standard type interchange. The additional engineering resulting from the approved aesthetic design are not included in this scope and fee. P52/296I0999 - W/216 84.26/141% Revisal:09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 12 EXHIBIT "B" SPECIAL REQUIREMENTS As specified in Section 5.1(d), Additional Insurance the following insurance policy shall be required: Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions Insurance in an amount not less than Five Hundred Thousand Dollars (500,000.00)per claim and in the aggregate with respect to loss arising from the actions of the Contractor performing professional services hereunder on behalf of the City. Also, on the third line after "....primary insurance...." insert "except for worker's compensation and professional liability" Section 5.3, Performance Bond, is deleted. Section 1.4, License, Pennits, Fees and Assessments, 2"d line, "....performance of the services...." shall be revised to "....performance of its services...." Section 1.5, Familiarity with work, 1"and 4`"lines, the word "warrants" shall be replaced with "represents". Section 2.1, Contract Sum, 91h line after "telephone expense" insert "mailing and courier expense". Section 3.2, Schedule of Performance, 2od line, replace the word "all" with "the required". Section 5.2, Indemnification, 9"line, delete the word "sole". EXHIBIT "B" Fs21276�-2 Mo 84.z en4/% TO CONTRACT SERVICES AGREEMENT Rcvis«I:W10I IN 13 EXHIBIT "C" SCHEDULE OF COMPENSATION TASK I Lump Sum $5,000 TASK 2 Lump Sum $ 5,000 TASK 3 Lump Sum $14,000 TASK 4 Lump Sum $ 3,000 Reimbursables: Not to exceed $3,675 (includes mileage, reproduction, mailings, travel expenses TOTAL: $30,675 Lump Sum payments shall be made to Contractor upon completion of individual tasks noted above. EXHIBIT "C" P5212776/a9rrrJ-w /21 oes4.2 enai% TO CONTRACT SERVICES AGREEMENT Revised:WWI IN 14 EXHIBIT "D" SCHEDULE OF PERFORMANCE Task I shall be completed within 4 weeks from Notice to Proceed. Task 2 shall be completed within 3 weeks of receipt of comments from City and Caltrans under Task I. Task 3 shall be completed within 6 weeks from the completion of Task 2. Task 4 shall be completed within 2 weeks from receipt of comments from Task 3. EXHIBIT "D" Fs2i276�ao Mrz 84.26n4i26 TO CONTRACT SERVICES AGREEMENT Rcvivxl:Wffi I IN 15 EXHIBIT "A" SCOPE OF SERVICES The Contractor shall confirm the City's Public Arts Commission's preliminary Aesthetic ideas for the I-10/Gene Autry Trail interchange, and develop an aesthetic design that reflects the natural setting of the surrounding area. Tasks to achieve this are as follows: TASK I- Contractor shall prepare sketches for aesthetic treatment of the interchange based on discussions in previous meetings and Public Arts Commission desired enhancements. Submit sketches to City and Caltrans for comments. TASK 2- Contractor to meet with City and Caltrans to discuss comments. Contractor to provide 2 senior architects and one lead structural engineer for this projected one-clay meeting. Contractor shall also provide a manager for the meeting to facilitate and record meeting conclusions. TASK 3-Based on the outcome of the meeting, contractor shall incorporate the comments and resolution from the Task 2 meeting into sketches. Contractor shall add to the final aesthetic document, the technical plans and elevations that communicate aesthetic improvements in addition to an artist's illustration to communicate the aesthetic design to the community. Products of Task 3 shall be one CAD plan drawing file(three 22 X 34" sheets) of the interchange that show proposed hardscape and landscape(if any) improvements; one CAD elevation drawing file(three 22 X 34" sheets) of the interchange that show vertical elements of the hardscape improvements; six freehand sketches of the interchange that explain the design 3 dimensionally; 2 professional illustrations of the interchange and construction cost estimates. Draft Technical Memorandum shall be prepared and submitted to City and Caltrans for review. TASK 4-Contractor shall assemble the work into a Technical Memorandum and submit to City and Caltrans for review. Contractor shall address all comments and obtain City and Caltrans approval of final Technical Memorandum. Contractor services is understood to primarily include the work efforts of Kevin Peterson and must be of a native that will be accepted by Caltrans (District S and Structures). Contractor further understands and agrees that the intent and work products created under this Agreement will result in a design that does not require a major amount of additional engineering or construction costs beyond those of a standard type interchange. The additional engineering resulting from the approved aesthetic design are not included in this scope and fee. Fs2276�-3 216 426/14/ Revisal:Wffil/N EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 12 EXHIBIT 'B" SPECIAL REQUIREMENTS As specified in Section 5.1(d), Additional Insurance the following insurance policy shall be required: Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions Insurance in an amount not less than Five Hundred Thousand Dollars (500,000.00)per claim and in the aggregate with respect to loss arising from the actions of the Contractor performing professional services hereunder on behalf of the City. Also, on the third line after "....primary insurance...." insert "except for worker's compensation and professional liability" Section 5.3, Performance Bond, is deleted. Section 1.4, License, Penuits, Fees and Assessments, 2°d line, "....performance of the services...." shall be revised to "....performance of its services...." Section 1.5, Familiarity with work, 1"and 4`h lines, the word "warrants" shall be replaced with "represents". Section 2.1, Contract Sum, 9`h line after "telephone expense" insert "mailing and courier expense". Section 3.2, Schedule of Performance, 2°d line, replace the word "all" with "the required". Section 5.2, Indemnification, 9`h line, delete the word "sole". EXHIBIT "B" FSM76/09999-3 215 84.26/141M TO CONTRACT SERVICES AGREEMENT orov98 13 EXHIBIT "C" SCHEDULE OF COMPENSATION TASK I Lump Sum $5,000 TASK 2 Lump Sum $ 5,000 TASK 3 Lump Sum $14,000 TASK 4 Lump Sum $ 3,000 Reimbursables: Not to exceed $3,675 (includes mileage, reproduction, nnailings, travel expenses TOTAL: $30,675 Lump Sum payments shall be made to Contractor upon completion of individual tasks noted above. EXHIBIT "C" FS2r27MM-3o al 4.2e114/% TO CONTRACT SERVICES AGREEMENT Rovlud:W/O[IN 14 EXHIBIT "D" SCHEDULE OF PERFORMANCE Task I shall be completed within 4 weeks from Notice to Proceed. Task 2 shall be completed within 3 weeks of receipt of comments from City and Caltrans under Task I. Task 3 shall be completed within 6 weeks from the completion of Task 2. Task 4 shall be completed within 2 weeks from receipt of comments from Task 3. EXHIBIT "D" Fszm6/099M- omzi 84.2e141% TO CONTRACT SERVICES AGREEMENT a vii :a9rov68 15 ACORD CERTIFICATE LIABILITY INSURA DATE(MM/DD/YY) 4/16/02 IRODUCER Serial# THIS CERTIFICATE IS :D AS A MATTER OF INFORMATION ONLY AND CONFERS N RIGHTS UPON THE CERTIFICATE Aon Risk Services,Inc,of New York HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 685 Third Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. New York,NY 10017 COMPANIES AFFORDING COVERAGE COMPANY A TRANSPORTATION INSURANCE CO. INSURED COMPANY PARSONS BRINCKERHOFF QUADE& B National Union Fire Insurance Co. DOUGLAS,INC. COMPANY ONE PENN PLAZA C NEW YORK,NY 10119 COMPANY D `COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BE V E 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 B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TCO TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER DATE(MMIDD/YY) DATE(MMIDD/YY) LIMITS A GENERAL LIABILITY GL 251888189 11/01/2001 11/01/2002 GENERAL AGGREGATE $ 5,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG $ 5,000,000 CLAIMS MADE OCCUR PERSONAL&ADV INJURY S 1,000,000 OWNER'S&CONTRACTORS PROT EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Anyone lire) S 300,000 MED EXP (Anyone person) $ 5,000 A AUTOMOBILE LIABILITY BUA251888208 11/01/2001 11/01/2002 X ANY AUTO $500DEDCOMP 11/01/2001 11/01/2002 coMeuveDSINGLEUMIT $ 1,000,000 ALL OWNED AUTOS $1,000 DIED COLL _ BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS NON-OWNEDAUTOS BODILY(Peer raccieni) $ INJURY PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ Lj Q 0 0 Q 0 0 B UMBRELLA FORM BE 139 0128 11/1/01 11/1/02 AGGREGATE $ 4 . 000 , 000 OTHER THAN UMBRELLA FORM S A WORKER EMPLOYERS'RS'LIABILITY COMPENSATION AND WC 251888161 11/01/2001 11/01/2002 X Toevi MlTS OER LIA THEPROPRIETOR! INCL EL EACH ACCIDENT 5 1,000,000 PARTNERSIERsiExecuilve EL DISEASE-POLICY LIMIT $ 1,000,000 OFFICERSARP EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER The CITY inc uded as additional insured ith regard to PB ' s operations . Insurance is primary DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS I-10 and Palm Drive - Aesthetic Treatment CERTIFICATE HOLDER CANCELLATION City Of Palm Springs SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLA,�MAAgeffR MAIL Engineering Department 30 DAYS WRITTEN NOTIGETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3200 Tahquitz Canyon Way@SBA,R€ ° SkStTfc "R#�+�°fRReeB�Avor ¢mgeuatlx Palm Springs , CA 92262 Vx),XlMrtqxt!?9VxM R CRWRIXxl1tsXIAIGAIRRAR9"n"MTMRs AUTHORIZE EPRESENTATIVE�tO�FnAOONNpRISK SERVICES,INC.OF NY .. Fa41t� �''- 10242936 ACORD 2 00 25-S F ©ACORD CORPORATION 1988 PARSON 2DOD 25'S FP3PARSON 2UO2 25S FPS MARSH USA INC. , CERTIFICATE SURANCE CERTIFICATE NUMBER 4 16 02 PRODUCER THIS CERTIFICATE IS ISSUED A_.A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE FINPRO POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 1166 AVENUE OF THE AMERICAS AFFORDED BY THE POLICIES DESCRIBED HEREIN. NEW YORK, NY 10036 COMPANIES AFFORDING COVERAGE COMPANY 000 -QUADE-44 211 A CONTINENTAL CASUALTY COMPANY INSURED COMPANY PARSONS BRINCKERHOFF QUADS& B DOUGLAS, INC. ONE PENN PLAZA COMPANY NEW YORK NEW YORK10119 C COMPANY D PB #12635 COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTIVE POLICYEXPIRATION LTR DATE(MMIDD/YY) DATE(MM/DDNY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP ASS $ CLAIMS MADE 11 OCCUR PERSONAL&ADVINJURY $ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one Ore) $ AUTOMOBILE LIABILITY MEO EXP(An one Seen $ ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ EXCESS LIABILITY AGGREGATE $ EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS C0 PENSATIO NAND TA - H EMPLOYERS'LIABILITY TORY LIMITS ER THE PROPRIETOR/ EL EACH ACCIDENT $ INCL PARTNERS/E%ECUTIVE EL DISEASE-POLICY LIMIT $ OFFICERS ARE EXCL EL DISEASE-EACH EMPLOYEE $ OTHER $1,000,000 PER CLAIM A PROFESSIONAL LIAB. AEA-00-823-27-70 11/01/00 11/01/02 $1,000,000 AGGREGATE DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) I-10 and Palm Drive — Aesthetic Treatment CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, City Of Palm Springs THE INSURER AFFORDING COVERAGE WILL E1iLTX1XXX MAIL DAYS WRITTEN NOTICE TO THE Engineering Department CERTIFICATE HOLDER NAMED HEREIN, 3200 Tahquitz Canyon Way R&Ix_MuT'iIxHx� �aE� aaBaurccxnsaexa�xx�x€€ Palm Springs, CA 92262 MARSH USA INC. /�// BY: t)G C/A 41(I 4�AUD MM1(9199) AS OF: